Can we terminate the workers from service after completion of 58 years of age who are availing super annuation benefits?
From India, Pune
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Gopinath Varahamurthi
Mindhour Partner, Ass.professor/adm. Officer,
Eplbrd@gmail.com
Administration

dear friend,
rather than terminating services based on age, better they are the best resources for progressive improvement and guide to the organisation. In fact they are financially free and they want to put in best services for the organisation, their experience and guidance will help you to go new highs provided we respect them take path where ever we like to take it. We may have our own reservations in taking decisions but the corners of decisions need be chisel for the best statue. Let them have their service benefits on completing 58 years, there is no limitations for their experience and perseverance. I do write in simple language always have one person as consultant and pay, them will certainly help in progress.You can discuss the issues for better solutions....

From India, Arcot
Dear Friend,
I am at a loss to understand how the employees availing of superannuation benefits are still in your employment. In general, the term "superannuation" indicates two things - as a mass noun it means a fund created by the periodical contributions of both the employer and employee from which the employee would get pension after ceasing to work and as a noun indicating the process of retirement of an employee from service on the attainment of a certain age as agreed up on for the purpose in the contract of employment. If no age for superannuation is mentioned in the contract it becomes a perpetual contract or contract at will terminable at the option of either party. But in India, such a contract at will in the realm of employment is declared to be "VOID" by the Courts. Therefore, in the absence of a particular age of superannuation in the contract of employment, the employer can not terminate the services of his employees simply on the ground of attainment of 58 years of age.
Contrarily, if you continue any employee beyond the age of superannuation without conferring the benefits of superannuation, it implies extension of services for a definite period if any, so fixed. If they are permitted to retire on the age of superannuation and payment of such benefits are also made but continued in service, it becomes a second innings of service. In such a situation also simple termination on the ground of mere age is not possible except on the ground of misconduct or under performance which requires definite procedural adherence.

From India, Salem
Dear Shri Umakanthan M and Shri EPLBRD,
In the virtual world of discussion, rather than perceiving in depth, let us presume this is a case pertain to, completion of 58 years superannuated from service (in some cases 60) and getting benefits applicable including pension every month. The question what I considered is can we engage such experienced for consultation purpose, guidance, administrative purposes etc., the employee may not be directly getting into service on payrole, even if the retired employee on pay role for certain purposes, for certain jobs let it be consulted for due recognition, as is the case, this will certainly benefit the organisation on the job discussion, job enlargement, job analysis etc., for betterment and aiming high.
As regard the question terminating... I have suggested such person can be terminated without hesitation, as he may be on role as consultant, securities in the organisation, for other services etc.,.. however, with special skills we can use them for progressive service. These things need be considered by EPLBRD.
The word termination is the hindrance ....

From India, Arcot
Of course, your views pertaining to the utilisation of the services of the erstwhile or superannuated employees in the same organization are well-received Mr.Gopinath Varahamurthi, though the consistent practice of such an arrangement in the long run has its own shades of grey. I think that the problematic situation underlying the query in the post is not that of engaging the superannuated employees in the capacity of consultants on retainer basis or fixed-term contract basis but retaining them as regular workmen. The misconception of the poster that since the workmen are in receipt of superannuation benefits and over 58 years of age already, they could be simply terminated at the will of the employer only has prompted this question, if I were correct.
From India, Salem
Dear Shri Umakanthan,
Absolutely, they have their own decisions, yet, this question has been posted. We have to consider it in the good will, some one is putting service beyond the age and getting the benefits..
1) Such an employee is going to be terminated, the purpose is not known
2) Some one is still in the post continuing beyond 58 years and sticking to the post, how they have to get rid
3) Some expertise advise the organisation might have received to get rid of such employee continuing beyond 58 years
These are all probable issues connected to the post, they have to terminate (the word used is termination knowingly or unknowingly) the employee and the organisation have to do that without hesitation. However, some skilled workers/employee are gifts to the organisation whom before termination they have to consider not in the regular pay role beyond the age 58. So, let they take the decision...Let it be done by them ...

From India, Arcot

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