Excelsius Capital Group

Policy brief & purpose

Our Cancellation/Separation of Consultancy policy refers to the event that an Consultant ceases to be part of the Excelsius Capital Group’s network. It is beneficial for all parties that the consultant’s separation process is as clear as possible so misunderstandings and distrust between the Consultant and Excelsius Capital Group can be avoided. Excelsius Capital Group is bound to handle any cases of termination of consultancy as dictated by law with discretion, professionalism and official documentation.

Scope

This cancellation/separation of consultancy policy applies to all prospective or current Consultants of the company in regards to possible separation of consultancy.

Policy elements

Excelsius Capital Group will observe all legal dictations referring to cancellation/separation of consultancy and will avoid “implied contracts” and unnecessary terminations.

What is cancellation of consultancy?

Cancellation of consultancy happens when the contract of a Consultant is discontinued due to their or Excelsius Capital Group’s actions.

The dismissal of a Consultant from their job duties may be categorized as voluntary or involuntary.

Voluntary dismissal may include the following:

• Resignation
• Retirement
• Failure to communicate with Excelsius Capital Group for twelve (12) days without notice
• Expiration or completion of contract

Involuntary dismissal may include the following:

• Discharge for cause
• Discharge without cause

Discharge for cause refers to immediate cancellation of consultancy due to a Consultant’s misconduct. Any kind of disciplinary action or progressive discipline that results in termination may be considered “for cause”. Other wrongful behaviors or actions that result in immediate dismissal are also considered “for cause”. Examples of such cancellation of Consultants include circumstances where a Consultant:

• Breaches their contract of consultancy.
• Is discovered guilty of fraud, embezzlement or other kinds of illegal actions against Excelsius Capital Group and/or their clients.
• Is guilty of discriminatory behavior or harassment.
• Is guilty of unlawful or immoral behavior.
• Is guilty of willful neglect of responsibilities.
• Is discovered to have caused intentional damage to Excelsius Capital Group’s assets.
• Continuously disregards Excelsius Capital Group’s ethics and code of conduct.

The list is not exhaustive therefore, discharge for cause remains at our company’s discretion. It must however always reflect an unacceptable behavior or action that violates legal or Excelsius Capital Group’s guidelines and may result in financial and non-financial damages for Excelsius Capital Group, other Consultants or society.

Discharge without cause can occur when Excelsius Capital Group decides that the services of a Consultant are no longer needed. In general, this does not refer to a Consultant’s conduct. Reasons for discharge without cause may be layoffs, rearrangement of a department or redefining of a position. In cases a Consultant must be terminated without cause, the company is not obliged to give notice of termination.

Excelsius Capital Group is bound by the law to refrain from wrongful dismissals of Consultants. Wrongful dismissal may occur in cases when:

• A Consultant relationship is cancelled due to cause as determined by Excelsius Capital Group.
• A Consultant relationship is cancelled without cause and is not given prior notice.
• A Consultant is forced into constructive dismissal.

The company expects all Consultants, always w-9/1099 and not W-2 persons, with the right of cancelling said relationship. Such an occurrence may be damaging for Excelsius Capital Group’s respectability and may result in disciplinary action. Discharge on grounds of discrimination or filed health and safety complaints is unlawful termination prohibited by legislation.

Procedure

In cases of resignation, the Consultant must submit an official written permanent separation agreement – letter to the immediate team leader. A notice is expected by the Consultant consistent with the minimum notice requirement, so the company can arrange alternatives for handling the remaining workload of the position. The consultant, after separation, will not be entitled to present and future profits from submitted deals.

At all times, proper Consultant records will be kept containing all relevant documentation.