EMPLOYMENT BOND CONTRACT IN NO MANNER A LICENSE WITHOUT LIMITATIONS: ENSURING THE ELIMINATION OF OPPRESSIVE BOND TERMS INCORPORATED BY EMPLOYERS

Abstract

It is trite law that employment bonds are now enforceable under the Nigerian Labour Law. However employers are in the habit of incorporating oppressive terms in their employment bond. The purpose of this study is to show that although the courts have upheld the validity of employment bond, it is however contingent upon certain conditions. An Employment bond can thus be defined as an agreement between an employer and its employee requiring the employee to remain in service for a specified period of time in consideration of the employer paying the cost of training the employee. The landmark case of Overland Airways Ltd v Captain Joseph Gamra &Anor saw the court nullifying the validity of an employment bond that required the employee to remain in employment for sixty days after the cost of training had being sponsored by his employers. The terms of the bond were regarded by the court as unreasonable. Judicial authorities have shown that in ensuring the enforceability of employment bonds the terms must be reasonable and consistent with the applicable laws. On this basis, employers are to ensure that they consult their lawyers and ensure that the terms of the employment bond are fair and reasonable.