GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW) | ||||
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14:01 Dec 25, 2004 |
English language (monolingual) [PRO] Law/Patents - Human Resources | ||||
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| Selected response from: Kim Metzger Mexico Local time: 20:21 | |||
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SUMMARY OF ALL EXPLANATIONS PROVIDED | ||||
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4 +5 | employee is required to stay away from the office |
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Discussion entries: 2 | |
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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 |
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