What would happen if the appointment letter does not contain a clause on 'Retirement (Superannuation) Age' of an employee? and Standing Orders does not contain a 'Transfer' clause?
From India, Faridabad
From India, Faridabad
Normally, a standing order will contain these two important clauses, and I am afraid how the certifying officer certified it without superannuation clause and transfer clause. If the Standing Orders (Certified) does not contain age of superannuation and transfer of employment. the same can be incorporated by means of an amendment to the Standing Orders. The same has to be certified by the appropriate authority also. The process involves the same process followed for certification.
Alternatively, you can publish a notice u/s 9A of the Industrial Disputes Act incorporating the retirement age and transfer clause. But under normal circumstance, it will be rejected by the workers. Upon rejection, obviously, the matter will go for conciliation or even adjudication. Since the mistake was committed not by the workers but by the employer himself, the latter should take the workers/ employees into confidence before taking steps.
From India, Kannur
4244Alternatively, you can publish a notice u/s 9A of the Industrial Disputes Act incorporating the retirement age and transfer clause. But under normal circumstance, it will be rejected by the workers. Upon rejection, obviously, the matter will go for conciliation or even adjudication. Since the mistake was committed not by the workers but by the employer himself, the latter should take the workers/ employees into confidence before taking steps.
From India, Kannur
If age of superannuation is not mentioned in standing orders or appointment order or by sec 9A of ID Act then termination of workmen at an age decided by employer will attract retrenchment clauses or illegal termination.
From India, Thiruvananthapuram
From India, Thiruvananthapuram
The retirement age will be 58 being a member of EpF in absense of retirement clause in an appointment letter. It is not a big problem, if the age of 'Retirement (Superannuation) mentioned in standing orders shall be considered final. Further,the management too can amend the Age of retirement on later date by issuing ammending the appointment letter. The company can't transfer an employee, if doesn't have clause in the Standing Orders. In many cases clauses omitted under copy-paste situation and gets certified unscruplusly.
From India, Mumbai
From India, Mumbai
Any suggestion depends upon the law as well the regulation governing the service conditions. Who is the employer? Is it the Government or its undertaking? Or, is it a private sector firm?
From India, Kochi
From India, Kochi
The 2 clauses are completely independent of each other.
Not having retirement age in the appointment letter is not a big problem. Many companies do not have it. It will then be as per the Standing Orders of the company. If there is no retirement age in the Standing Orders (which would be rare), then the retirement age in Model Standing Orders will apply.
Even otherwise, it should be easy enough for the company to just issue an amendment to the terms of employment to let it be communicated to the workers.
If there is no transfer clause in the standing orders (and I am assuming it is not mentioned in appointment letter either), then the employee can not be transferred to another location or branch unless the worker accepts the same.
From India, Mumbai
Not having retirement age in the appointment letter is not a big problem. Many companies do not have it. It will then be as per the Standing Orders of the company. If there is no retirement age in the Standing Orders (which would be rare), then the retirement age in Model Standing Orders will apply.
Even otherwise, it should be easy enough for the company to just issue an amendment to the terms of employment to let it be communicated to the workers.
If there is no transfer clause in the standing orders (and I am assuming it is not mentioned in appointment letter either), then the employee can not be transferred to another location or branch unless the worker accepts the same.
From India, Mumbai
If you fear so much about it why don't you issue a general circular for the attention of all. Even you can address such a circular individually and ask them to return one copy with their 'acceptance' signature. I don't anticipate any problem forthcoming from the employee if the superannuation age is commonly applicable to all employees. Or compile a revised Terms and conditions of service, a complete charter and circulate, place it on the notice board. If the Standing Order is in vogue, suitable amendment may be processed & get approved. I don't think you'll have any problem on this a/c.
From India, Bangalore
From India, Bangalore
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