Can an Employer Refuse to Confirm Your Employment After the Probation Period in Nigeria?

No. An employer cannot keep an employee on probation indefinitely.

Once the contractual probation period lapses without termination or extension, confirmation is either legally implied or actionable.

The purpose of a probationary period in Nigerian employment contracts is to assess the worker’s suitability, skills, and conduct within a clearly specified, agreed duration.

Step-by-Step Procedure to Resolve This Legal Matter:

1. Preserve Contemporaneous Evidence: Collate physical receipts, verified bank timestamps, stamped letters, and electronic communication logs prior to formal intervention.
2. Deliver Statutory Pre-Action Notice: Issue a formal written demand outlining the specific statutory breach and giving the opposing party statutory time to remedy the grievance.
3. Engage Accredited Legal Counsel: Initiate judicial proceedings before the competent court of record or submit an official petition to the relevant regulatory commission.

Under the jurisprudence of the National Industrial Court of Nigeria, where an employee continues working and receiving salary past the probation period without query, confirmation is deemed to have occurred by conduct.

Key Evidential Considerations & Statutory Benchmarks:

• Documented statutory breach and verified timeline of events.
• Jurisdictional competence of the regulatory agency or superior court.
• Contemporaneous written correspondences, notices, and financial records.
• Quantifiable proof of pecuniary loss or civil rights violation.

“The rule of law ensures that statutory rights and duties cannot be compromised by informal arrangements or administrative fiat; every citizen has the constitutional right to due process.”
— Nigerian Legal Precedent & Constitutional Jurisprudence

Employers who leave staff in perpetual probationary limbo to deny them full contractual benefits, pension contributions, and job security are engaged in unfair labor practices.

If your probation period expires, write a formal letter to Human Resources requesting formal confirmation of your appointment in accordance with your letter of employment.

If the employer wishes to extend probation, they must communicate that extension in writing before the original probationary period expires, stating valid operational reasons.

Where an employer attempts to terminate a long-serving worker with short probationary notice periods years after onboarding, the National Industrial Court treats the worker as confirmed staff.

Confirmed employees enjoy greater employment protections, longer statutory termination notice periods, and enhanced terminal severance entitlements compared to probationary personnel.

Preserve your original offer letter, employment contract, monthly payslips, performance appraisals, and written communications verifying your continuous service.

Instruct an employment attorney to issue a pre-action notice if the employer arbitrarily withholds confirmation benefits or terminates you on probationary terms long after the probation expired.

The National Industrial Court consistently protects workers from exploitative corporate practices that undermine fair labor standards recognized by the International Labour Organization.

Probation is a temporary evaluation bridge, not a permanent employment status. The law demands transparency and fairness once the agreed trial period concludes.

In Nigeria, the law exists to protect every citizen from exploitation and injustice, regardless of financial status or social standing. The courts are open to all, and regulatory agencies stand ready to enforce your rights.

Do not allow ignorance of the law to work against you. A brief consultation with a qualified Nigerian legal practitioner can clarify your rights and the remedies available in your specific situation.

For direct regulatory verification, official complaints, or accessing statutory registers without third-party fees, members of the public can consult the official portal of the National Pension Commission (PenCom) Desk.

Taking proactive legal action at the earliest sign of a rights violation is always better than waiting until the damage becomes irreversible. Nigerian courts have consistently protected citizens who assert their rights promptly and lawfully.

Ignorance of the law is no excuse.