Garden Leave Clause : Restrictive Covenant in Employment Contracts (with Special Reference to its Applicability in India)

'Interference with individual liberty of action in trading, and all restraints of trade themselves, if there is nothing more, are contrary to public policy, and therefore void.' However, legitimate business interests can be protected. Legitimate business interests: customer/trade connections or goodwill (also connection with suppliers); trade secrets or confidential information; and other legitimate interests. In order to be a legitimate means of controlling employees post termination of contract an employer can only seek what a court would regard as 'adequate' protection. A general restraint of trade is not a legitimate protection