Labour Law & Hr Consultant
Srinath Sai Ram
Venkata Vamsi Krishna Patnaik
27th December 2017 From India, New Delhi
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.
28th December 2017 From India, Hyderabad
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.
28th December 2017 From India, Salem
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,
29th December 2017 From India, Bangalore
HR & Labour Relations Adviser
29th December 2017 From India, Mumbai