If you do, your employer is quite within his right to sue for damages, although in most cases it would be very difficult to get to them because they have to prove a loss of the breach of contract (the breach of contract is that you are working with another employer if the garden holiday clause in your contract prohibits you). A garden holiday clause is intended to keep the employee away from the company in order to protect his confidential information and his will to do business. This is achieved because the value of the confidential information that the employee may have stored decreases over time. A gardening vacation period also allows the employee`s successor to establish a relationship with customers, customers and suppliers, without the employee having to intervene. After a worker resigns or is fired, an employer may decide to put the worker on garden leave. The main reason for this is to protect against any harmful acts or behaviours that the employee may engage in during the notice period. Another form of garden leave may allow the employer to assign the worker a job on a given project or to ask him to work in a different place than the usual one. Massachusetts came into effect in mid-2018, making it the first state in the United States to give paid leave to workers after they leave, according to the Associated Press. The new law provides that workers are entitled to at least 50% of their basic salary during gardening holidays. The term “gardening vacation” describes the idea that an employer wants to avoid a worker and “out of the house” and therefore “in the garden”. It`s also related to the idea that an employee forced to stay at home might as well do gardening! Gardening Leave or Garden Leave is a term most used in the financial industry in the UK, Australia and New Zealand. In 2018, Massachusetts passed a power-right garden vacation clause, making it the first state in the United States. A garden leave clause may also require the worker to be kept during the notice period: a worker is authorized and obliged to participate in the work.
An employer cannot ask a worker to take garden leave unless you both agree (the contract includes a gardening vacation plan in the employment contract that is entered into in good faith). If the employment contract does not have garden leave, an employer should not put a worker on a gardening vacation without his or her consent. Garden holidays should not be used to circumvent suspension requirements (i.e. there are appropriate reasons for suspension and appropriate procedure has been followed). It is not without cost and without risks. In this article, Clarendon Executive`s, Emma Kieran, examines the pros and cons that HR might want to balance before granting garden leave to an outgoing executive. Garden leave is a protectionist measure applied by an employer when a worker is dismissed or announces his resignation. Once in force, it often prevents the worker from participating in a work activity for his current employer and generally limits him to taking another job or working for himself. An employee is usually able to spend his time following hobbies like gardening – hence the term gardening vacation. Wages and benefits remain until the end of the leave period.
The ultimate goal of a gardening holiday is to keep the employee away from the market long enough to ensure that all the information they have is out of date or that the employee`s successor is settling in, especially with customers, to protect goodwill. The adequacy of the garden leave must be taken into account in addition to possible restrictions after termination, which is why you take into account the restriction to the whole time. If the total period is too long, you must choose between the gardening holidays and the restrictions that follow the termination.