Resign After Three Months as Services were Not Up to Mark - Month's Payment as a Retainer Fee in Lieu Thereof

Dear Sir, Mr Aa Joined as a Retainer in the Month of June 2023, but Suddenly the Management Informed him to Resign After Three Months as Services were Not Up to Mark. Aa Has an Appointment Order in That Retainer-Ship Can Be Terminated by a Month's Payment as a Retainer Fee in Lieu Thereof. The Management Said They Orally Terminated Within Three Months the Management Not Say That Orally or in Written. Pls Help in This Regard Mr Aa's Age is 61.

Hi,

You need to check the Retainer Contract of Appointment Letter.

Check for the separation clause whether any such clause is mentioned. Also please check as to whether any probationary period clause mentioned therein.

Also two contradictory things observed in your statement. Initially you are claiming Management had asked the Retainer to submit resignation later you claim that "Retainership can be terminated by a month payment".

If the member resigned based on the advise of Management then there is no question of one month payment. Management will present it as if Retainer resigned on his own. One month pay applicable only if Management terminates the Contract of employment before the end period. To avoid making payment in lieu of notice period these tactics are followed.