Please advice, how can we retire an employee, who has not mentioned his date of birth at the time of his engagement in the company, as he being illiterate could not submit proof in support of his age. Subsequently, when he was asked to mention age in the bio-data form, he submitted tentative age as per his will. However, at present by his face he seems to have crossed the age of retirement.
From India, Jaipur
From India, Jaipur
Dear Mohamad Rafiq
There are standard, well laid-out ways to deal with such cases.
Indian labour population, is generally illiterate; and they do not have birth certificates, that can be relied upon.
Please give more information about the case, including data (such as Date of joining, age as declared in the bio-data form, date on which bio0data form was prepared etc.), to enable us to give appropriate suggestions.
warm regards.
From India, Delhi
1426There are standard, well laid-out ways to deal with such cases.
Indian labour population, is generally illiterate; and they do not have birth certificates, that can be relied upon.
Please give more information about the case, including data (such as Date of joining, age as declared in the bio-data form, date on which bio0data form was prepared etc.), to enable us to give appropriate suggestions.
warm regards.
From India, Delhi
Thank you very much for your response, Date of joining of the employee is January,1994 and the bio-data form was filled in January,2004 and the age shown by the employee is 40 years. Regards
From India, Jaipur
From India, Jaipur
Dear
The date given for Statutory like ESI and EPF is also to be reckoned.If the same tallies with 40 then the Statutory declaration will prevail.
With Regards
Advocates & Notaries & Legal Consultants[HR]
E-mail : rajanassociates@eth,net,
Mobile : 9025792684.
From India, Bangalore
The date given for Statutory like ESI and EPF is also to be reckoned.If the same tallies with 40 then the Statutory declaration will prevail.
With Regards
Advocates & Notaries & Legal Consultants[HR]
E-mail : rajanassociates@eth,net,
Mobile : 9025792684.
From India, Bangalore
Hi,
In case of dispute the matter can also be referred to a medical panel of government hospitals and the usually the general surgeons decide the age based on various physical characters that are natural of the respective aging.
In extreme cases the hep from forensic experts is also sought and is held valid.
kind regards
Dayanand L Guddin
From Singapore, Singapore
In case of dispute the matter can also be referred to a medical panel of government hospitals and the usually the general surgeons decide the age based on various physical characters that are natural of the respective aging.
In extreme cases the hep from forensic experts is also sought and is held valid.
kind regards
Dayanand L Guddin
From Singapore, Singapore
Dear Mohamad Rafiq
Let me see if I understood your statement :
Do you mean to say that on the bio-dta form filled on Jan. 2004, his age was shown as 40 years on that date ?? (and not 40 years, when he joined in Jan 2004).
What it implies is, as on 2010 he is only 46 years old and hence years away from retirement.
What should have been done in this case was, to have a Medical Examination in 2004 (when this matter came to light); and asking the Doctor to estimate the age; which is considered as valid. In case of any protests/dispute, the employee should submit certain documents relating to age like certificate from "gram panchayat", records from primary school, any court document relating to age etc.
You can subject the employee to a Medical examination, even now, and get a medical estimate of his age; and act accordingly.
However, do remember, to give the employee the benefit of the lower side of the range of the estimated age.
Warm regards.
From India, Delhi
Let me see if I understood your statement :
Do you mean to say that on the bio-dta form filled on Jan. 2004, his age was shown as 40 years on that date ?? (and not 40 years, when he joined in Jan 2004).
What it implies is, as on 2010 he is only 46 years old and hence years away from retirement.
What should have been done in this case was, to have a Medical Examination in 2004 (when this matter came to light); and asking the Doctor to estimate the age; which is considered as valid. In case of any protests/dispute, the employee should submit certain documents relating to age like certificate from "gram panchayat", records from primary school, any court document relating to age etc.
You can subject the employee to a Medical examination, even now, and get a medical estimate of his age; and act accordingly.
However, do remember, to give the employee the benefit of the lower side of the range of the estimated age.
Warm regards.
From India, Delhi
Kindly appraise me about voluntary retirement on account of health grounds. Can, we tell a disable employee who was appointed on compassionate ground to opt for voluntary retirement. since magnitude of work has increased and there is every apprehension that the disable employees may become prone to accident.Is there any legal hassle in implementation of voluntary retirement scheme for such employees.
From India, Jaipur
From India, Jaipur
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