Madhu.T.K
Industrial Relations And Labour Laws
Nagarkar Vinayak L
Hr-consultant
HR. Sharma
Legal, Secretarial & Hr

PRIME SPONSOR - FACTOHR - Customised Payroll, GPS Enabled Attendance, Travel, Performance Management, HRMS. Explore Features
What should be the retirement age of an employee of a private company in Pune, Maharashtra, India ? Is there any statutory requirements or provision for the same ? If yes under which Act ?
Cite.Co is a repository of information created by your industry peers and experienced seniors sharing their experience and insights.
Join Us and help by adding your inputs. Contributions From Other Members Follow Below...
There is no such mandatory retirement age for private companies. State Govts and Central Govt have separate service rules applicable to their employees in which the retirement age have been defined.In the similar manner for private organisations also, there can be service rules in which you can define the retirement age. Such service rules are sometimes called Standing Orders (which is mandatory in respect of workers), Employee handbook, HR Manual etc. Once these rules are made applicable o the employees by means of any communication and accepted by the employees the same will become binding on them.
Thank you Mr. Madhu T.K. for your valuable answer.
Dear colleague,
The Industrial Employment Standing Orders Act/Rules which contains Model Standing Orders wherein age of retirement is stated to be 58years in the absence of any agreement between workers and the management to the contrary.
Regards,
Vinayak Nagarkar
HR-Consultant
Ok, Thanks Mr. Nagarkar for your sharing this information.
Model Standing Orders are only drafts which can be adopted till the company gets its standing orders certified by the competent authority.If you are to follow the Model Standing Orders per se you may have to follow the other orders in the Model also which includes confirmation of a worker who has completed THREE months in your establishment and that also without any appraisal which is always considered to be a management prerogative.
Dear colleague,
The trend in industry largely is to follow Model Standing Orders rather than go for certification which is fraught with lot of procedural hassles particularly if you have an active union in the organisation and even if go for it , very little change from MSO becomes possible in the face of objections from the union.
Whether you have certified SO or MSO, the age of retirement is part of it which has legal binding if the Act is applicable.
Regards,
Vinayak Nagarkar
HR-Consultant
To get rid-off the hassle, the industry should have get the Standing Orders certifications at the begining stage to avoid the counter action from the union.
Dear colleague,
Looking from the practical point of view and my experience, there is no significant gain in going for certification at any stage in the face of likely objections from the union or even from the certifying officer. What you may be able to achieve is minor changes in some procedural matters such as attendance , exit /entry ,or additions in the misconducts provided they are not inconsistent with existing law.
In my view MSO are quite adequate to take care of service conditions and it's implentation and that is why large number of organisations follow them.
Regards,
Vinayak Nagarkar
HR-Consultant
PRIME SPONSOR - TALENTEDGE "Interactive Anywhere Learning". Executive courses from top reputed institutes like IIM, XLRI, MICA. View Courses
Add Reply Start A New Discussion






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2019 Cite.Co™