Labour Law & Hr Consultant
Industrial Relations And Labour Laws
From India, New Delhi
I beg to differ from our learned friend Kumar. No Law either prescribes the age of superannuation or prohibits the extension of services or reemployment of an employee after his retirement from the organization. These things are determined by the service regulations of the individual organization.
Regarding gratuity under the Payment of Gratuity Act,1972, if the services of the employee are extended beyond the age of superannuation, or he is re-employed continuously without any break, gratuity can be paid whenever his services get terminated later. Else, the employer can permit the employee to go on retirement on attaining the age of superannuation and pay him gratuity and treat subsequent service as a new one and pay gratuity when the occasion arises fulfilling the conditions for payment.
I think that in view of pension payment only the age limit for contribution to the EPF is restricted to 58 years of age. It does not prohibit employment beyond 58 years of age.
From India, Salem
However, an employee who has attained 58 years of age shall not be covered by Pension Fund. The employer's contribution of 12% should be paid to his Provident Fund without bifurcating the same as 8.33% to pension Fund and the remaining 3.67% to Provident Fund. The employer should also pay EDLI contribution at the prescribed rate of 0.5%
Madhu T K
From India, Kannur