Umakanthan53
Labour Law & Hr Consultant
KK!HR
Management Consultancy
NK SUNDARAM
Soft Skill Trainer / Hr Consultant - India
+1 Other

Dear Sir,
Kindly help, we are in manufacturing company in our company one employee having retirement in 28/02/2018, but we want to continue his services, he is also no problem physically and Mentally can we take his services continue are not, if we take his services what are the rules as per companies act.
Dear Krishna,
I don't know why your are linking your query to the Companies Act. Are you going to appoint him as a Managing Director or Whole Time Director and the like? If you want to continue the services of your employee beyond the age of superannuation prescribed in the applicable service rules, only the concerned employee and yourself are the decision makers.There is no legal bar to extend the services of the employee who has attained the age of retirement. How to go about can be a pertinent issue. His services can be extended for some more time either as a a regular or fixed term employee or as a consultant on retainer basis depending on the nature and status of his job-position. But, ensure that it does not give rise to nepotism/favoritism or poor succession planning in the organization.
In this case can ESI & PF act applicable for the employee/Retainer
ESI will be applicable if the employee draws less than Rs. 21,000/- but in PF there is no contribution required for EPS, the entire contribution including employer's goes to PF accumulation
Dear Krishna,
There is no issue one can work even after age of 58 with sound health but membership under EPS shall be seized and ESI will be applicable if the employee draws less than Rs. 21,000. This change trend has already came decades back in PSU & Govt sector. It would be good enough to make a cange in SO or the policy manual of your establishment to have a legal sanctity.
Such extensions should be exceptions and cant be treated as rules. Disgruntled employees may create ruckus. Safest option is as advised by Mr. Umakanthan, treat him as a consultant on a fixed salary, after taking his account his last drawn salary. Keep him for an year or two on a contract basis.
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