Dear Sir, Mr. Aa joined as a retainer in June 2023, but suddenly the management informed him to resign after three months because his services were not up to the mark. Aa has an appointment order stating that the retainership can be terminated by a month's payment as a retainer fee in lieu thereof. The management claimed they orally terminated him within three months but did not communicate this orally or in writing. Please help in this regard. Mr. Aa's age is 61.
From India, Hyderabad
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From India, Hyderabad
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Hi, you need to check the Retainer Contract of the Appointment Letter. Check for the separation clause to see if any such clause is mentioned. Also, please check if there is any probationary period clause mentioned therein.
Additionally, two contradictory things are observed in your statement. Initially, you are claiming that Management had asked the Retainer to submit a resignation, but later you claim that "Retainership can be terminated by a month's payment."
If the member resigned based on the advice of Management, then there is no question of a one-month payment. Management will present it as if the Retainer resigned on his own. One month's pay is applicable only if Management terminates the Contract of employment before the end period. These tactics are followed to avoid making a payment in lieu of the notice period.
From India, Madras
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1016Additionally, two contradictory things are observed in your statement. Initially, you are claiming that Management had asked the Retainer to submit a resignation, but later you claim that "Retainership can be terminated by a month's payment."
If the member resigned based on the advice of Management, then there is no question of a one-month payment. Management will present it as if the Retainer resigned on his own. One month's pay is applicable only if Management terminates the Contract of employment before the end period. These tactics are followed to avoid making a payment in lieu of the notice period.
From India, Madras
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TERMINATION CONTRACT.doc
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