If you wish to continue his services after retirement, you cannot definitely appoint him as employee. The only way is to appoint him as consultant. TDS will have to be deducted on monthly payment made, there is no choice unless you circumvent the laws.
23rd May 2017 From India, Mumbai
If he is covered under ESI, he will continue to be covered irrespective of age/Retirement provided his Monthly Gross Salary is Rs21,000/- & below
24th May 2017 From India, New Delhi
What the law prescribes is the minimum or the higher limit. For example minimum wages are minimum, employer can pay more than that but not less. Working hours are maximum 48 in a week, employer can prescribe a 36 hour week but not more than 48 hours a week. Similarly, under Standing Orders the age of superannuation can be 60, but employer can increase it to any extent. Employer cannot do contrary i.e. employer cannot superannuate an employee earlier than 60 years if that is the age of superannuation.
As for ESI, PF, Bonus, Gratuity etc the relevant provisions in that act will apply. These two things are separate and need not be mixed with each other.
25th May 2017 From India, Pune
What you say is true for normative legislations; you can go above but not below the stipulated norms. Standing orders is directive act. It mentions that age of retirement will be on completion of 58 years, in absence of any award or agreement.
Such employee will have to continue his PF membership as there is no retirement age mentioned in the act & such employee was contributing PF member at time of retirement. He will contribute 12% & employer will contribute 3.67% as such employee will cease to be EPS member on attaining 58 years of age.
26th May 2017 From India, Mumbai
Excluded Employee as defined under Para 2(f) of the Employees' Provident Fund Scheme means an Employee who having been a member of the fund has withdrawn the full amount of accumulation in the fund on Retirement from service after attaining the age of 55 years. If a retired person is appointed and who has withdrawn his PF before joining, there is no need to contribute to PF.
27th May 2017 From India, New Delhi
I am at the age of 65, is still with my company as Business Associates.
29th May 2017 From India, Kolkata
In this particular case Employee is Retiring from Service after attaining the age of Retirement.Consequently, he can withdraw his PF Accumulations in the Month in which he is Retiring.Please peruse the attachment regarding " Settlement of PF & Pension on the day of Retirement"
After retirement & withdrawal of PF Accumulations, he becomes an "Excluded Employee" & no bar to take up job again in the same Company or else where.
29th May 2017 From India, New Delhi