What are the ways to appoint a staff after his retirement, ie as per standing orders staff retires at 58 years. But to continue him in services of the company. Especially for a helper grade?
From India, Bangalore
Labour Law & Hr Consultant
Insolvency N Gst Professional
Srinath Sai Ram
Hr Manager
+2 Others

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Srinath Sai Ram

Dear Kumar, The Karnataka Govt has increased Retirement age from 58 Years to 60 Years in respect of Establishments to which Industrial Employment Standing Orders Act, 1946 applies.Consequently, your Employee in question will Retire from Service only after attaining 60 Years.
From India, New Delhi
Venkata Vamsi Krishna Patnaik

Dear Kumar,
Why do you want to retain a helper grade employee after retirement age?
If it is a senior profile, helping hands to the organization, but you need to ensure he is fit to continue regular activity.
Generally companies retain Management personnel after retirement, paying them as consultant or a retainer fees etc.

From India, Hyderabad

Dear Kumar,
Age of retirement on superannuation prescribed in the model standing orders under the IE(SO)Act,1946 is a guide line only. As such, an employer can determine a higher or lower age for superannuation for his employees in the establishment depending upon the nature of their work. But, it is always better to stick to the age as fixed in the standing orders in order to have effective succession and fairness in matters of promotion and uniformity of tenure of employment. However, in extraordinary circumstances like the necessity of completion of any special project which requires the specialised knowledge of the retiring employee or non-availability of suitable replacement from within the organization or from outside etc., the retiree's services may be extended accordingly for some more time or retain him as a consultant on retainer basis. This is the practice followed for high-profile positions in the organization.
In case of lower category employees like helper, above such practice is not generally advisable for it may lead to favoritism or bias. But the employer is the ultimate judge - he can extend the tenure as he deems fit and no legal restrictions.

From India, Salem

Dear All,
Thanks for inputs.
To give a support to this employee, after retirement, the company would like to continue him for some time more. He is a healthy man.
Kindly advise, what is a retainer means and how the appointment order is giving ? Is it like consultant ?
Thanks & Regards,

From India, Bangalore

Retirement age is 60.
After retirement you can keep person on contractual appointment also.
Keeping a person as consultant also can be examined.
Provided you find value in retention of employee due to his knowledge, working ability etc.

From India, Pune
Venkata Vamsi Krishna Patnaik

Dear Kumar, Retainer means the remuneration paid for the services rendered. It can be (appointment) like a consultant with the terms and conditions laid out.
From India, Hyderabad

Though the standing orders or service rules stipulate an age for retirement, they also normally provide a clause empowering the employer to continue an employee in service after retirement subject to his being found physically and mentally fit to do that job.You can invoke such clause if the contract of service has one. Even if it is not there, the employer enjoys inherent power to continue an employee after retirement as per his need in special cases.However to avoid others quoting it as a precedent, it is better as Mr.Nathrao suggested, to appoint him as a consultant/retainer.
HR & Labour Relations Adviser
Navi Mumbai

From India, Mumbai

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