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Legal Risks of Mutual Separation Agreements vs. Termination

The Short Answer Direct termination of a statutory worker triggers strict retrenchment protocols under the Industrial Relations Code, 2020, exposing the employer to back-wage liabilities if procedures are flawed. A Mutual Separation Agreement (MSA) bypasses these procedural mandates through a negotiated contractual release, but introduces severe legal vulnerabilities regarding coerced consent under the Indian Contract […]

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