Hi Friend, I became superannuated on September 24 at age 58, but neither my HR nor my department gave me any notice about my retirement. I continued working until December 24, and my PF was deducted as a regular part of my salary.
Suddenly, on Dec-24, my HR came up and asked me if I was already superannuated and if I was running on an extension (although I have no letter about it), and that my tenure ended on the 31st of dec-24. Till today, I have no letter from HR or my department that I am superannuated.
What should I do? I am under terrible stress and going through mental trauma, considering my future plans.
Is it acceptable, as part of the revised labor law of 1957, that HR can take action without even informing an employee about his/her retirement and get away? What should I do to protect my post-retrial challenges?
From India, Bengaluru
Suddenly, on Dec-24, my HR came up and asked me if I was already superannuated and if I was running on an extension (although I have no letter about it), and that my tenure ended on the 31st of dec-24. Till today, I have no letter from HR or my department that I am superannuated.
What should I do? I am under terrible stress and going through mental trauma, considering my future plans.
Is it acceptable, as part of the revised labor law of 1957, that HR can take action without even informing an employee about his/her retirement and get away? What should I do to protect my post-retrial challenges?
From India, Bengaluru
It’s heartbreaking to hear how your HR has mishandled your retirement process. Your tunnel rush deserve much better after all your years of service.
From Vietnam, Hanoi
From Vietnam, Hanoi
This is definitely mishandled by your HR team
However whether they are correct in your separation is dependent on
- what your appointment letter says
- what your standing orders say
- Any other letter received earlier
- Your knowledge of how others superannuated
If details of your retirement at 58 was specified in any of the first 3 things, HR is not under obligation (legally) to intimate you, though morally they are wrong. If there was no notice at any point of time, then you can claim that you are eligible to work till 60 (which is what model standing order says for Karnataka).
In either case, you can reach out to your CEO, HR Director or any senior executive (probably through your reporting manager), and take their help to get an extension or any other relief you believe you are eligible for
If you are a "worker" under ID Act, you can take the matter to the labour commssioner
If you are in a factory, you can take it to the grevience committee under Sec 9C
If you are manager, you have little legal forum to go to.
From India, Mumbai
2399However whether they are correct in your separation is dependent on
- what your appointment letter says
- what your standing orders say
- Any other letter received earlier
- Your knowledge of how others superannuated
If details of your retirement at 58 was specified in any of the first 3 things, HR is not under obligation (legally) to intimate you, though morally they are wrong. If there was no notice at any point of time, then you can claim that you are eligible to work till 60 (which is what model standing order says for Karnataka).
In either case, you can reach out to your CEO, HR Director or any senior executive (probably through your reporting manager), and take their help to get an extension or any other relief you believe you are eligible for
If you are a "worker" under ID Act, you can take the matter to the labour commssioner
If you are in a factory, you can take it to the grevience committee under Sec 9C
If you are manager, you have little legal forum to go to.
From India, Mumbai
An efficient HR admin implement practices which are essential and purposeful. Almost all establishments which I have come across followed a practice of preparatory arrangement for retiring employees. Atleast 6 months "in advance" an intimation is handed over, repeat "handed over in person" to such employees due to retire on superannuation either calling him in the HR or HOD's office or visiting at the work place. And handover him a check list of documents required to process his full & final settlements so that everything is ready not later than in 3 months in advance especially relevant to Pension payments. These measures should be adopted whether its' bound by any regulations or not. It's a requirement of setting high standards of HR practices. Many establishments conduct counselling to them w.r.t. retirement plans a month before retirement. It's pathetic if there is no formal intimation served in advance atleast to the superannuating employee.
From India, Bangalore
From India, Bangalore
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