Elaborate on the "Garden Leave Clause" in employment contracts in the Indian legal environment - CiteHR
Dinesh Divekar
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Can somebody elaborate on the "Garden Leave Clause" in employment contracts and whether it can work in the Indian legal environment.
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Garden leave describes the practice whereby an employee leaving a job – having resigned or otherwise had their employment terminated – is instructed to stay away from work during the notice period, while still remaining on the payroll.[1] This practice is often used to prevent employees from taking with them up-to-date (and perhaps sensitive) information when they leave their current employer, especially when they are leaving to join a competitor. The term is in common use in banking and other financial employment in Britain, Australia and New Zealand. Sometimes, the practice is used to avoid sloppy work or sabotage by a disaffected employee.
The term originated in the British civil service, where employees had the right to request special leave for exceptional purposes. "Gardening leave" became a euphemism for "suspended" as an employee who was formally suspended pending an investigation into their conduct would often request to be out of the office on special leave instead. The term came to widespread public attention in 1986 when it was used in the BBC sitcom Yes, Prime Minister episode "One Of Us".
Employees continue to receive their normal pay during garden leave and must adhere to their conditions of employment, such as confidentiality, at least until their notice period expires.[2]
The term can also refer to the case of an employee sent home pending disciplinary proceedings, when they are between projects, or when, as a result of publicity, their presence at work is considered counter-productive. It has also been used in British football.
I do not think in India we have the practice.
There is an article in today's Economic Times on this subject. You may click the following link to refer it:
The "Garden Leave Clause" Garden leave is nothing but describes the practice, whereby an employee is leaving a job – having resigned or otherwise had their employment terminated – is instructed to stay away from work during the notice period, while still remaining on the payroll.
Though apperantly it looks "Garden Leave" is not existing but the concepts is being followed by the different establishments. As I am remebering this "Garden Leave" concept was existing in the Standing Order, where I start my carrier and that company was incorporated in the year 1956.
The same concept we do follow in the matter of suspension & during the pendency of inquiry.
Further, there is no issue to consider under employment contracts. Any agreement or contracts betwee the parties got a legal sanctity.
The entry into the premises of the establishment is the sole and dicretion authority of the management.
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