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garden leave; period of garden leave

English translation: employee is required to stay away from the office

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:garden leave; period of garden leave
English translation:employee is required to stay away from the office
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14:01 Dec 25, 2004
English to English translations [PRO]
Law/Patents - Human Resources
English term or phrase: garden leave; period of garden leave
The term is from a standard employment contract with a company managing director, e.g.

19. Garden Leave
19.1 At any time after notice has been given to terminate your employment pursuant to paragraph 15.1, 15.2 or 15.3 above or if You resign without giving due notice and the Company does not accept your resignation, the Company may require You to comply with any or all of the provisions in paragraphs 19.2 and 19.3 below, for a period (the "Period of Garden Leave") not to exceed the lesser of (a) Twelve (12) months or (b) 50% of the un-expired portion of the Fixed Term.

19.3 At the beginning of the Period of Garden Leave, or at any time during it, the Company may require You:

19.3.1 to undertake such duties which must be consistent with your job title (which may be different to those performed by You before the commencement of any Period of Garden Leave) as the Company may advise;
19.3.2 announce to employees, suppliers and contacts and any other person who may have a legitimate interest in receiving such information that You have been given notice of termination or have resigned (as the case may be);
19.3.3 instruct You not to communicate orally or in writing with suppliers, customers, employees, agents or representatives of the Company or any Group Company until your employment hereunder has terminated.
19.4 During any Period of Garden Leave, You shall remain an employee of the Company and will be entitled to receive salary and all contractual benefits in accordance with the terms of this Agreement, save for during any period of Garden Leave pursuant to this paragraph 19 You will not be entitled to be considered for any award of any Discretionary Bonus pursuant to paragraph 5.5 above or to any award of stock options or holiday. Any untaken holiday entitlement accrued or likely to accrue up to the Termination Date should be taken during the leave period. You agree to notify Warner of any day or days during the Garden Leave period when You will be unavailable due to holiday and will endeavour to agree convenient holiday dates in advance with the Board, but You must not perform any duties for any other person, firm or organisation, whether as an employee, independent contractor or otherwise, unless You have first obtained Warner’s written consent. During any Period of Garden Leave, You shall (for the avoidance of doubt) be bound by the duties of fidelity and good faith and by paragraphs 6, 7 and 18.
19.5 At the end of any Period of Garden Leave, the Company may, at its sole discretion, for any un-expired portion of the Fixed Term period, pay You either:
19.5.1 salary and the cash equivalent of any benefits You are actually receiving at the commencement date of any Garden Leave Period, but not including stock options and/or discretionary bonus given by the Company less any deductions the Company is required by law to make) in lieu; or
19.5.2 salary in lieu and keep You within any benefit programmes You are actually receiving at the commencement date of any Garden Leave Period (other than the Stock Option plan or any bonus plan).
Dmitri Vasilyev
employee is required to stay away from the office
Explanation:
Garden Leave, as this is known, occurs where an employer chooses to exercise its rights under a clause in the contract to require the employee to stay away from the office during the employee's notice period. Depending on the terms of the clause, it can be exercised regardless of whether the employer or employee has served notice, but can only generally be enforced if there is an express right to garden leave in the contract, or if the employer obtains the employee's consent to place him or her on garden leave.

http://www.michaelpage.co.uk/controller?event=VIEW_SUBSECTIO...


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Note added at 19 mins (2004-12-25 14:21:06 GMT)
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Garden leave provision.
Although this is not really good for Desman, I included this because some large NY corporations have been putting these in their employment contracts. A \"garden leave\" provision is a clause pursuant to which, upon the employee\'s notice of termination of the employment relationship, the employee may be asked to no longer provide services to the employer, but the employment relationship continues and the employer agrees to pay the employee his normal salary for the balance of the notice period stated in the contract. Garden leave is a concept of English law similar to a restrictive covenant in that it is an additional means of restricting an employer\'s ability to join a competitor, but different in that the employment relationship, with its attendant duties and obligations including fiduciary duties, continues to exist. Garden leave provisions are routinely used in England and have been used to prevent employees from working for as much as one year.

http://www.clm.com/pubs/pub-907371_4.html
Selected response from:

Kim Metzger
Mexico
Local time: 10:09
Grading comment
Thank you very much for the explanaton, which was quite helpful, even though no translation into the target language was offered.
3 KudoZ points were awarded for this answer

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Summary of answers provided
4 +5employee is required to stay away from the office
Kim Metzger


Discussion entries: 2





  

Answers


4 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +5
employee is required to stay away from the office


Explanation:
Garden Leave, as this is known, occurs where an employer chooses to exercise its rights under a clause in the contract to require the employee to stay away from the office during the employee's notice period. Depending on the terms of the clause, it can be exercised regardless of whether the employer or employee has served notice, but can only generally be enforced if there is an express right to garden leave in the contract, or if the employer obtains the employee's consent to place him or her on garden leave.

http://www.michaelpage.co.uk/controller?event=VIEW_SUBSECTIO...


--------------------------------------------------
Note added at 19 mins (2004-12-25 14:21:06 GMT)
--------------------------------------------------

Garden leave provision.
Although this is not really good for Desman, I included this because some large NY corporations have been putting these in their employment contracts. A \"garden leave\" provision is a clause pursuant to which, upon the employee\'s notice of termination of the employment relationship, the employee may be asked to no longer provide services to the employer, but the employment relationship continues and the employer agrees to pay the employee his normal salary for the balance of the notice period stated in the contract. Garden leave is a concept of English law similar to a restrictive covenant in that it is an additional means of restricting an employer\'s ability to join a competitor, but different in that the employment relationship, with its attendant duties and obligations including fiduciary duties, continues to exist. Garden leave provisions are routinely used in England and have been used to prevent employees from working for as much as one year.

http://www.clm.com/pubs/pub-907371_4.html


Kim Metzger
Mexico
Local time: 10:09
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 23
Grading comment
Thank you very much for the explanaton, which was quite helpful, even though no translation into the target language was offered.

Peer comments on this answer (and responses from the answerer)
agree  David Knowles
2 hrs

agree  Victor Potapov
10 hrs

agree  Asghar Bhatti
1 day9 hrs

agree  Anna Maria Augustine at proZ.com
1 day9 hrs

agree  xxxsonja29
2 days1 hr
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Changes made by editors
Apr 22, 2005 - Changes made by Kim Metzger:
Field (specific)Law: Contract(s) » Human Resources


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