The Enforceability of Employment Bonds in the Private Job Sectors of Bangladesh: A Critical Analysis

Abstract

Job offers often include signing employment bonds that restrict employees from leaving before a specified period and impose penalties for non-compliance. These bonds may also involve unfair practices, such as retaining original documents, denying release letters, or demanding excessive compensation. These lead to harassment when employees try to switch jobs. This paper examines the legal status of such bonds, as well as the terms and conditions outlined therein, based on the provisions enshrined in the relevant laws and judicial decisions. It adopts a case study approach backed by qualitative data and then applies a hermeneutic phenomenological approach to the analysis of statutory provisions. The findings reveal that although such bonds aim to protect organizational interests, they are frequently excessive, one-sided, and legally ambiguous. Employers often impose penalties far exceeding any actual loss. On the other hand, employees frequently face financial losses through illegal deductions from salaries or provident funds, threats of legal action, complexities in obtaining release orders and switching jobs, forced obligation to work due to the forceful possession of academic certificates by employers, and many more. They rarely seek legal remedies due to a lack of awareness, fear of employer retaliation, and the perceived complexity of the judicial process. The study calls for the enactment of explicit statutory provisions to protect employees from harassment and ensure redressive mechanisms. It recommends that regulatory bodies actively inspect private service rules to ensure they do not offer fewer protections than the Bangladesh Labour Act. Furthermore, the judiciary must set clear precedents to balance between reasonable bonds and abusive practices. The bond’s duration should be reasonable, with compensation not exceeding the expenses incurred for the employee’s training or grooming.

Rajshahi Uni. Law Rev.Vol. XIII, 2024; p189-210