Enforceability of Employment Bond Agreement under Nigerian Labour Jurisprudence

Abstract

This article through doctrinal methodology, examines the
enforceability of employment bond agreement under Nigeria’s
labour jurisprudence by highlighting its meaning, types and
the justifications for bonding employees. It also examines the
practice in India and draw lessons for Nigeria. It discusses the
nexus between employment bond and restraint of trade and
also, the employee’s right of resignation vis-à-vis employment
bond agreement. It dilates employment bond against the
backdrop of the doctrine of equality. The paper found that
bond agreement are generally lawful under Nigerian labour
jurisprudence however, insertion of certain terms, will render
same unenforceable. Also, bond agreement is not expressly
regulated by the labour legal regime but contract. It argues
that non-financial bond agreement that have onerous,
unconscionable, unequitable terms, especially in the
academia, should be rendered unenforceable ab initio. The
paper makes vital recommendation towards regulating the
practice of employment bond to protect all labour
stakeholders in Nigeria.

Keywords: Employer, Employee, Employment bond, Nigeria,
Restraint of trade. Unfair labour practice