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Lakshmi Subramanian
1

What is the employee refuses to accept the superannuation notice? Even the employee is 67 years old? Why should we not give him termination?
From India, Bangalore
Shailesh Parikh_HR Pro
300

Dear Lakshmi
This seems strange case!
# What is the retirement age as per company's standing order/policy/terms of appointment.
# Why he was allowed to work beyond the superannuation age?
# Was there any order/communication for retaining him beyond the sup ann age?
# You simply need to issue him a letter mentioning that your services with the company comes to an end on account of your attaining superannuation age....... with effect from........ after office hours. You shall receive your dues on....... Management appreciates your long association and contribution ..........
# After issuing this letter, deactivate/discontinue his ID/Attendance card, strike off his name form system..Show as separated on account of superannuation.
# You need not to enter into Termination process and create problem for yourself
# Inspite of all these actions he physically enters the premises, you can take help of Police
Regards
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65

From India, Mumbai
kamalkantps
314

Dear Lakshmi, Shailesh has given a very crisp solution. I totaly agree with him. I am surprised how the employee worked till this age. I would request you to please elaborate the circumstances.
From India, New Delhi
naresh13021981
How to get superannuation and gratuity, i have left the co. without notice immediately due to continuous ignorance of performance, and some other reasons. is there any way to get these amount.
From India, Kolkata
Lakshmi Subramanian
1

Mr. Shailesh/ Mr. Kamal Kant,
This employee has worked in this organisation for 45 years. He is very close to the Director & his family, and yes this company is a family owned company, they treat the older employees as their gurus.....whatever... I have joined this company very recently and hence this seems to be weird for me.
As Mr. shailesh has said we would stop any employee from coming in the office premises in some other company but not this...
Lakshmi

From India, Bangalore
kamalkantps
314

Dear Lakshmi,
Hope you are not deducting his conribution towards PF or other statutory enactments. If your company wants to retain him into the system, they can but you should keep him as consultant. Only TDS would be deducted from his payout which shall be termed as Monthly Compensation and not salary.
Old is gold is true. He must have a lot of experience of life and business with him, which may benefit the business. However in my opinion you should propose to the management to keep him as consultant.

From India, New Delhi
kamalkantps
314

Dear Naresh,
As your user name suggest i guess it is your date of birth and if it is so, according to it you have not attain the age of superannuation which is generally 58 to 62 depending upon company to company. So you are not entitled for superannuation benefits.
As far as gratuity is concern you must work for the same employer for atleast 5 years continuously. In technical terms atleast 4 years 240 days of service without any break in service.
Please let us know your exact age and your length of service with your erstwhile employer to let us opine you in a better way.
However it is not right to quit any Company without notice you could have contacted HR for your grievances. If they would not have listen to your requests, you could simply resign from the company and serve the notice period. I guess that would have been an i ideal scenario.

From India, New Delhi
vsunilkrltcol
Dear Lakshmi,
Superannuation age must be mentioned in joining letter, without which company can not enforce retirement policy on employee on its own. However, if you are not satisfied with the performance of the individual due course of action can be taken. If the individual is not performing up to the expectation of the management, same can be conveyed to him. If his performance / attendance, etc are affected by his age, then same can be used to ask him to move out. Since you have mentioned he is regarded high by the management, you should consult them before taking any action. I recommend HR should handle such cases with lot of poise and dignity, since any improper action will signal other employees that company does not care for commitment in the longer run.
Sunil Kumar

From India, Chicalim
sandeep Gijare
I am agree with Mr. Shailesh Parikh This is the only amicable way of getting away from such case. Sandeep Gijare. Anchor By Panasonic
From India, Pune
varghesemathew
912

The separation as suggested by Shylesh will amount to retrenchment if the employee is workmen.The age of superannuation should be mentioned in Appointment order or standing order.Otherwise it will be retrenchment.
Varghese Mathew
9961266966

From India, Thiruvananthapuram
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