+91 7738 0716 11
+91 7738 0716 11Remedies against harassment by Recovery Agents
by: Adv. Kishan Dutt Kalaskar 2021-02-18 07:12:13
by: Adv. Kishan Dutt Kalaskar 2021-02-18 07:12:13
by: admin 2021-02-12 07:34:18
by: Admin 2021-02-04 07:13:42
by: Adv. Kishan Dutt Kalaskar 2021-02-03 11:47:51
by: Adv. Kishan Dutt Kalaskar 2021-01-25 14:10:26
by: Adv. Kishan Dutt Kalaskar 2021-01-14 12:43:56
Remedies against harassment by Recovery Agents
Abetment to Suicide
Overview of the Vehicle Scrappage Policy
Rights of husbands in dowry and cruelty-based complaints
Admissibility of E-evidence; Are WhatsApp chats and E-mails admissible in Court?
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Employment Contract
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Types of Stamp Paper
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Sexual Violence laws under the Indian Penal Code
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Adultery under the Indian Law
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Intentional Wrongs
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Mohammed Siddique Vs National Insurance Company Ltd
Pagdi System
The Bonus Act
Frivolous Complaints under the Sexual Harassment Act
Important Income Tax Return Forms and its Due Dates
Garden Leave
How can a Private Complaint be filed?
Key changes to Indian Tax Regulations
Employees Provident Fund
Status of Triple Talaq
Contract Farming & the new ordinances that affect the Farmers
Documents required for filing a Divorce
Section 138, 141 and 142 of the Negotiable Instrument Act 1881
Validity and Enforceability of Click-wrap Agreements
Child Custody under Christian and Parsi Law
Hindu Succession Act
Oppression and Mismanagement
Fraudulent and Invalid Contracts
Developments in Reserve Bank of India
Loan Frauds in India
Penalties associated with Driving
Laws governing a Knife
Medical Negligence and its Compensation
Interim Maintenance under the Domestic Violence Act
Shortcomings of the Consumer Protection Act, 2019
Tougher rules for the E-Commerce Industry
Difficulties faced by men in Family Courts
The consumer is the King in 2020
Illegal Termination of an Employee during Covid-19.
Child Labour Laws in times of Covid-19
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Anticipatory Bail for cases under section 498A of IPC
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Title Verification of Immovable Property
The Judiciary during the Pandemic
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Drafting of a Will
Criminal Medical Negligence in times of Covid-19
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Rent deference during the Pandemic
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The Negotiable Instrument Act 1881
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Types of Dishonour of Cheques
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Basic Elements of Transfer of Property Act, 1882
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Consequences of using a Fake Degree/Certificate
Healthcare Security
Rights of Doctors with respect to Medical Negligence
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Child Labour
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EMI - Equated Monthly Installments
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Debt Recovery provisions under the SARFAESI Act
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Transfer of Property Act
Personal Injury Lawyers
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Rights of Tenant
Classification of various Collar Jobs
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Illegal Immigrants
Role of lawyers in Corporate Finance
Intestate Succession
Employment of White Collar Employment of White Collar
Domestic Violence
Power of Attorney
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Hostile Witness
Unfair Trade Practice
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Validity of Notices.
Response to a Legal Notice
Promotion of Medical Products.
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Inheritance Law in India
Rights of Children in India
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Intellectual Property in Medicine
Consumer Protection Bill, 2019
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The Real Estate (Regulation & Development) Act
Warrant and its Types
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Penal Provision on Rash and Negligent Driving
National Company Law Tribunal
Rules to be followed by the Ganpati Mandals
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Motor Vehicle Amendment Act, 2019
The Growth of technology Patents in India
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Basic Structure of the Indian Constitution
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Overview of the Indian Constitution
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Overview of The Indian Penal Code
Offences and Prosecution under the Income Tax Act, 1961
The abolishment of Article 370 of the Constitution: One Nation One Flag
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Financial Risk Management
Know more about Equal Remuneration Act, 1976
Procedure to File Complain against Domestic Violence
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Consumer Protection ACT, 1986
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Guidelines to protect doctors from frivolous and unjust prosecution
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Misdiagnosis: A Medical Negligence?
Exemption of doctors operating in Emergency Rooms
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Duty of patient to avoid aiding Medical Negligence
Rights of the Patient
Steps to be taken to avoid Medical Negligence
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Rights of Consumers
Mandatory Registration of Documents and procedure
Rafale Deal And All About The Controversy
By: Admin
Date:14 October 2020
Employment
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Views:289
Likes:0Gardening leave refers to the period in which the employee is given a termination letter with the notice of termination. In this period, the person is not allowed to work at the workplace; neither the employee is allowed to work from home or from any other location. The salary will be awarded to the employee during the notice period, however restricting him/her to work for his current position in the company or for any other new position. During the period of garden leave, the organization makes sure that the communication between the employee and staff is minimized. Moreover, this period also overviews that customers and clients have no connection with the employee who is under the garden leave.
There are two types of Garden leave. They are:
Duties and Rights under Garden Leave
The need for Garden Leaves
Garden leave is beneficial in many ways. Some of them are:
Therefore, it is always considered a better option that once the notice of termination is served to the employee, he/she is kept away from the working of the business.
Non-compete Agreements
Such agreements are favoured as they are used as a strategy by the organizations and the companies to prevent their employees from leaving their company. Such kind of agreement restricts an employee from joining a company which is directly in competition with his current company. For example, a person working as a delivery boy for “pizza hut” leaving his current job for working as a delivery boy with “dominos”. This kind of agreements makes sure that no crucial information is shared among the organizations. Furthermore, this type of agreements prevents the employee from sharing trade secrets and confidential information.
Article 19 of the Indian Constitution states such agreement as restrictions on the employee’s freedom of trade and business. Therefore, in India, garden leave and non-competent agreements are considered as restrictive covenants. Section 27 of the Indian Contract Act, any restriction put on the person for his/her involvement in his/her choice of business is void.
Case Law
Niranjan Shankar Golikari v. Century Spg & Mfg Co. Ltd.,
(1967) 2 SCR 378.)
Under this case, the apex court of India explained the difference between the Non-competent agreements and the garden leaves. The court emphasized that the employer of a company has the right to put restrictions on the employee during the contract term, but after the termination restrictions are put on the non-disclosure to another company. However, the employer cannot restrict the employee from joining any other company which is dealing in the same or similar trade.
Percept D’Mark (India) Pvt. Ltd. v. Zaheer Khan & Anr.
(AIR 2006 SC 3426.)
The court, in this case, came out with the verdict that non-competent agreements which are extending beyond the agreement are unenforceable.
Conclusion
Though garden leave clauses aim to protect the circulation of sensitive information of the employer, it should be made sure that they are in restraint of trade and in contravention of Section 27 of the Contract Act. The time period should be kept in mind while drafting a contract for any employee. Garden leave should only be permitted till the date of termination (i.e. during the reasonable notice period), as after that the contract is not enforceable. Therefore, while the employer may set out a garden leave clause in the employment contract, it should only be implemented during the notice period and not beyond that. Hence, it is advisable to hire a professional before such contracts are drafted to avoid any legal consequences in future.
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