Hiring in Nigeria: what the law lets you ask a candidate

Most Nigerian hiring problems are not caused by bad intentions. They are caused by interview questions copied from a template written thirty years ago, and by contracts assembled from the internet.

The rules that actually come up

• The Constitution (section 42) prohibits discrimination on grounds of ethnic group, sex, religion, political opinion or circumstances of birth.
• The HIV/AIDS (Anti-Discrimination) Act 2014 — you cannot require an HIV test as a condition of employment, and cannot dismiss on status.
• The Discrimination Against Persons with Disabilities (Prohibition) Act 2018 — no discrimination in employment, and reasonable accommodation is expected. Public organisations are directed to reserve at least 5% of employment for persons with disabilities.
• The Labour Act sets the floor: written terms within three months of starting, minimum notice, at least six working days of annual leave after twelve months, up to twelve working days of sick leave, and twelve weeks of maternity leave.
• The Nigeria Data Protection Act 2023 governs candidate CVs and interview notes: lawful basis, minimum necessary data, defined retention, and the candidate's right to access or delete.

Questions to stop asking

• “Are you married?” or “When are you planning to have children?”
• “What is your religion?” or “Which church do you attend?”
• “What state are you from?” or “Which tribe?”
• “How old are you?” unless a legal restriction applies to the role.
• “Do you have any disabilities?” — ask about ability to do the job, with adjustments, instead.
• “Are you HIV positive?” — never, and never as a test.
• “Are you a member of a union?” or “Which party did you vote for?”

How to ask the same thing lawfully

Instead of “Are you married?”

“This role covers weekend shifts on a rota. Are you able to work that pattern?” You are asking about the requirement, not the person's family.

Instead of “Do you have children?”

“The role involves occasional travel, roughly twice a month. Is that workable for you?”

Instead of “Do you have a disability?”

“The role involves [describe the physical or environmental demands]. Is there anything you would need from us to do it well?” That invites a request for accommodation instead of asking for a diagnosis.

Instead of “What state are you from?”

“Do you speak any of the languages our customers use?” — if language is genuinely a job requirement, ask about the language.

What a new hire is owed

• A written contract within three months of starting — terms, notice period, pay and leave.
• Minimum wage compliance — the national minimum wage is ₦70,000 a month, set in 2024.
• Notice on termination — one day for under three months' service, one week for three months to two years, two weeks for two to five years, one month after five years.
• Annual leave — at least six working days after twelve months; most competitive employers give fifteen to twenty.
• Sick leave — up to twelve working days a year.
• Maternity leave — twelve weeks, with at least six weeks after the birth.
• Pension — 8% employee, 10% employer, for organisations with fifteen or more staff.
• NHF — 2.5% of basic salary, deducted and remitted.
• ITF — 1% of payroll for employers with five or more staff or ₦50m turnover.
• NSITF / Employee Compensation — 1% of payroll.
• PAYE — deducted and remitted to the state internal revenue service.

Candidate data under the NDPA

1. 1Collect what you need. A CV, contact details and right-to-work evidence. Not a bank statement, not a BVN, not a next-of-kin form before an offer.
2. 2Say what you will do with it, in the advert or the application acknowledgement.
3. 3Restrict access. Candidate CVs should not sit in a shared inbox half the company can open.
4. 4Set a retention period and delete unsuccessful applications on schedule — twelve months is a common, defensible choice.
5. 5Honour requests to see or delete a candidate's data, and log that you did.