Alternatively, you can include a statement relating to garden leave in a letter responding to an employee’s resignation. All you need to include is a statement declaring when the period begins and when it finishes. Garden leave and redundancy.
You can put an employee you’re making redundant on garden leave. Letter placing employee on garden leave following resignation (no data leak concerns) Written with our partners at: Use this template. Or to talk to one of.
You must make sure either that the employee’s contract of employment gives you a specific and enforceable right to use garden leave or the employee agrees in advance, preferably in writing. Can I request garden leave? Can an employee travel on gardening leave? What is garden leave? Why are people placed on garden leave ? Under the leave , employees are prohibited.
In Singapore, employees are sometimes placed on “ garden leave ” while serving their notice period. If the employment agreement doesn’t have a garden leave provision, an employer shouldn’t put an employee on garden leave without their agreement.
Regardless of whether garden leave clauses in the employment agreement are specific or broa both parties have an obligation to act in a reasonable and fair manner. You are not required to put the employee on garden leave. An employer has the widest discretion to put the employee on garden leave. You remain an employee throughout the period of garden leave.
A model letter to inform an employee who has resigned that they are to be placed on garden leave throughout the notice period. The employee is not required to perform their duties during this notice period. The concept of gardening leave is very beneficial for an employer in the following ways: Termination is bound to make every employee unhappy.
Employees on gardening leave can’t re-enter the workplace and can’t work elsewhere during the period of leave. There may be further restrictions, and these are included as part of a garden leave contract. Without prejudice to the provisions of Clauses 4. Company may, once notice of termination has been given by either side require the Executive to cease performing his job for such period or periods of the notice period as the Company shall in its absolute discretion determine. In simplified form, that’s a basic garden leave meaning. But let’s take a closer look into what’s involved in the process.
Your gardening leave rights. If you place a member of staff on garden leave , they continue to have certain rights. However, from your side, you can stop them from entering your workplace. For all intents and purposes, during the garden leave , the employee remains an employee and must remain accessible to the employer.
Putting you on garden leave takes you out of the equation for the period of your notice.
Where an employer has put an employee on garden leave and then seeks an injunction to restrain the unwilling employee from joining a competitor before the expiry of his notice perio an injunction to enforce that period of garden leave must be considered in light of the restraint of trade doctrine as a matter of public policy to prevent abuse. Provide them with a garden leave letter —you can read our template below. Remember to adapt this to meet your business’ requirements. During this period the employee continues to receive all salary and benefits but is prohibited from commencing employment with new employers until the gardening leave period has expired. Although paid post-employment non-competes are sometimes also referred to as garden leave , that usage is inaccurate.
The reasonableness of a garden leave clause will be judged on at the time of enforcement, i. The court can then decide the extent to which garden leave can be enforced. So in the example above, the court could have decided on an injunction to enforce garden leave for months. They can ask you to take any unused holiday during your garden leave. If you do not have an express garden leave provision in your contract you could claim that your employer is in breach of their contract with you.
In reaction to this breach of contract, you may have grounds to claim that you have been constructively dismissed. According to :.