Queries
Anonymous
If Management Suddenly decides for any worker's retirement so what is the process will done by hr? & As per Act Which types of Formalities we can?
5th December 2017 From India, Nadiad

PARTICIPATING IN DISCUSSION:
Bharat Gera
Principal Hr Consultant
Manojkamble
Sr. Hr Executive
KK!HR
Management Consultancy

KK!HR 169
Dear : Management cannot suddenly retire a workman. There needs to be a service condition to that effect lest it be termed as 'Retrenchment' under the Industrial Disputes Act 1947. Assuming the existence of a clause providing for retirement, be it Standing Orders, appointment order or service condition communicated to the workmen, the order could read as follows:
On attaining the age of superannuation as per clause No. of -----------------, Shri ---------, Employee No. ----------, ----------(Designation), will be retiring from the service of this organisation with effect from ../../.. (A/N).
He will be paid his dues on submission of 'No Demand Certificate' from the concerned departments as per format attached.
5th December 2017 From India, Mumbai

Hi,

As rightly said by Mr. KK you cannot retire any employee as per management decision only. You need to follow retirement age mentioned in the appointment agreement which was signed mutually by employer and employee as well as retirement age specified under standing order.
5th December 2017

Dear Friend,

1. Information given by you is incomplete.

2. the employee in question is a workmen under ID Act or a supervisor/manager.

3. What is the retirement age as per law. Has he attained the age of superannuation.

4. Without above information it is not possible to give correct advice.

Warm Regards

Bharat Gera
HR Consultant
9322404765
6th December 2017 From India, Thane

And there is a difference between voluntary retirement scheme and retirement on attainment of superannuation.

If a single person/workmen is asked to go/ is disengaged from his services suddenly it would be retrenchment as suggested by our learned colleagues,unless it is for a proved misconduct and proper procedure followed for such termination.

Local state rules/Standing orders prescribe employee retirement age,companies are bound to follow it.
6th December 2017 From India, Hyderabad

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