Is My Organization's PhD Bond Request Legal When I Received No Benefits? Can I Refuse It?

Dear Sir/Madam,

I am working as an Associate Professor in an educational institution for 7 years. My organization's PhD policy is outlined below:

1. Complete 3 years of service.
2. Only part-time PhD permission will be granted with no financial or other benefits.

I joined the organization in 2016 and applied for a No Objection Certificate (NOC) to pursue a PhD in 2020. The NOC was granted in 2020 without any mention of a bond.

I commenced my PhD in 2020, and it is currently in progress. However, in 2023, my organization is requesting me to sign a bond committing to serve an additional 5 years after completing my PhD with the organization. As my PhD is expected to finish in 2025, agreeing to the bond would mean staying with the organization until 2030.

I have not received any benefits, monetary or otherwise, from the organization for pursuing my PhD. Therefore, I am questioning the necessity of this bond. Is it legally binding and valid? Do I have the right to refuse it?

Hi,

Validity of training bonds

Strictly speaking, such bonds are not valid. Whenever an employer invests money towards training employees, the beneficiary is expected to sign a training agreement, which is valid.

Purpose of signing a bond

The logic behind asking you to sign a bond (by your educational institution) is, in my view, that as a full-time Associate Professor granted permission to pursue a part-time Ph.D. for your career advancement, you may tend to seek other opportunities after obtaining a Ph.D. To restrict this, you are expected to sign a bond.

Challenges faced by Associate Professors

Recently, Associate Professors/Lecturers have been ill-treated by the management of colleges, especially engineering colleges, in many ways. Apart from teaching, each faculty member is expected to canvass for students for their department, and salaries are determined based on their canvassing performance.

Returning to your question, you have the right to refuse, but in turn, they may refuse employment for you and might not provide you with a clean record. Therefore, handle the situation diplomatically.

Dear member, For pursuing a Ph.D., why did you have to obtain an NOC? Did you clear the UGC-NET before you could get admission to the Ph.D. program? In what way is the NOC linked to your Ph.D.? What will happen if the current employer withdraws the NOC? Will it have a bearing on your Ph.D. studies? Are you pursuing your Ph.D. from a central university?

Choices Regarding the Bond
You have two choices. The first one is to sign the bond and consequently agree to the lock-in period with the current educational institution. The second one is to refuse to sign. In that case, you may have to forego your part-time employment. Additionally, the educational institution may withdraw its NOC. What will be the consequence of the withdrawal that you would know best?

Thanks,

Regards, Dinesh Divekar

Mr. Dinesh, Please refer to the link below: https://www.google.com/amp/s/wap.bus...1001733_1.html

Working professionals can now enroll in part-time PhD programs. The institute will require a "No Objection Certificate (NOC)" from the appropriate authority in the organization where the candidate is employed. The NOC should clearly mention that the candidate is permitted to pursue studies on a part-time basis.