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