Dear all, Can anyone suggest what is the legal procedure for employing a person after the age of 58 in a private organization? Kindly suggest me in detail.
From India, Chennai
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From India, Chennai
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There is no legal provision for employing retired persons in your company. All our labor laws cease to operate for a person who attains the retirement age, which is 58 years. You can enter into a service contract agreement with the retired person when you employ them after their retirement.
Please note that all service contract agreements cannot be challenged in labor court, but can be pursued in Civil court for any breach of contract.
From India, New Delhi
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450Please note that all service contract agreements cannot be challenged in labor court, but can be pursued in Civil court for any breach of contract.
From India, New Delhi
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I would disagree with the above statement. The labor laws do not stop working at the age of 58. All the labor laws will continue to apply to the person. It is only for PF that the Pension part does not apply. You still need to deduct PF, ESIC, PT, etc. You still need to follow the law on payment of wages/salary, the Industrial Dispute Act, Factory Act/Shop & Establishment Act, POSH; all of them continue to apply.
There is no restriction on employment of a person beyond 58 years of age unless there is something specific in the Internal Procedures/HR Regulations or in the standing orders that apply to the unit.
From India, Mumbai
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There is no restriction on employment of a person beyond 58 years of age unless there is something specific in the Internal Procedures/HR Regulations or in the standing orders that apply to the unit.
From India, Mumbai
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If the retirement age is 58 years in your organization, the employee has to retire upon attaining the age of 58. If the services of the retired employee are needed by the organization after their retirement and settlement of all dues, they may be re-employed on a contract basis for a specific period on mutually agreed terms. Engaging a person who has retired from any other organization on a contract basis for a specific period on mutually agreed terms is also possible.
From India, Madras
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From India, Madras
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Dear Sir,
After the retirement age of 58, we can employ a person on a contractual agreement for a specified period by having the medical fitness done for him by a certified medical practitioner stating that he is fit for employment. After getting that medical fitness certificate, he can be employed.
From India, Madras
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After the retirement age of 58, we can employ a person on a contractual agreement for a specified period by having the medical fitness done for him by a certified medical practitioner stating that he is fit for employment. After getting that medical fitness certificate, he can be employed.
From India, Madras
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