Comment by coderatlarge

6 days ago

can you choose to refuse these payments to avoid the responsibility?

I’ve seen this is France and UK but it lasts only a few months and no you can’t refuse the payment - but the company can refuse to pay and set you free.

  • In UK it's called gardening leave. A period when you are still employed but not at work and can't join another company without agreement.

    Uk law generally is that non compete clause is ok, if the length of time is reasonable. But you can't stop a person with a trade from applying that trade unreasonably.

    Most tend to be 3-6 months.

    Normally it's to stop a person leaving from stealing clients.

    • US finance has the same thing, and also calls it gardening leave. In our case I think it's reasonably common for it to be as long as a year.

      Downside for finance folks is that the usually make a decent chunk of their compensation through bonuses, not their base salary. So their gardening-leave pay ends up being quite a pay cut, and while they're "gardening", they're out of the game for a year and their skills/knowledge becomes a little out of date.

      4 replies →

    • > Normally it's to stop a person leaving from stealing clients.

      I have a lot more sympathy for "you may not take clients with you" clauses than for "you may not work in the same industry" clauses.