Dear fraternity, I have been working in the automobile industries past 10 years now my age around 56 years. Our company will be affiliated with our sister concern from April 2022. The Retirement age of our existing company is 60 years but the working age of the merging company is 58 years. Which of the following applies to me.
From India, Madras
1From India, Madras
By affiliating your establishment with sister concern, its rules will not be automatically applicable to you. First of all it has to be notified. So also, the principle is that in applying new rules, your rights cannot be taken away. You have a vested right to continue in service till 60 years, it cannot be taken away by a simple order. There is a process prescribed for changing the service conditions, starting with notice of change, then the dispute resolution process if it is objected. In case of notice for changing the retirement age in future, you can seek protection of your rights.
From India, Mumbai
From India, Mumbai
I assume your company is merging with the sister concern, not affiliating.
In such a case, a new set of standing orders will be certified. You should ask your HR to give you the answer to the above question.
From India, Mumbai
In such a case, a new set of standing orders will be certified. You should ask your HR to give you the answer to the above question.
From India, Mumbai
Actually your company is getting merged or amalgamated with your sister concern. In that even, there would be a scheme of amalgamation that would define the conditions of your employment. If the scheme paved a path for reduction of retirement age, then the retirement age would be 58 years. But, if as per the standing orders of your company your retirement age is 60 years, then it would continue till it is modified by any amendment in your certified standing orders. Standing certified would not be changed automatically, moreover, the standing orders of the sister concern would not be applicable to you.
From India, Chennai
From India, Chennai
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