View Poll Results: Can the Management initiate disciplinary action against the stafff duly suspending him/herr
YES 14 70.00%
NO 6 30.00%
Voters: 20. You may not vote on this poll

Saswatabanerjee
Partner - Risk Management
KK!HR
Management Consultancy
+2 Others

Friends,
Can you kindly enlighten us as to the legally appropriate method of ascertaining the actual (biological) age of an employee when he is not able to produce or not in possession of any approved document/credential in support of his date of birth. In the opinion of the Management, he would have surely crossed the age of retirement but he is claiming that he has some more years of service. He also refuses to produce and proof in support of his claim.
8th May 2018 From India, Chennai
In the absence of any documents, write a letter to the Dean of Government Hospital and request them to constitute a board, and the board will assess the age and give a certificate. This certificate is a valid document.
8th May 2018 From India, Madras
If the employee refuses to share any document to show his age, the HR must use the documents it has. There will be some document available in Personal files, like what was submitted to PF, joining records, etc. then once you issue his retirement letter he has to prove that he has not reached the retirement age
9th May 2018 From India, Mumbai
I think he is hiding his date of birth proof. For availing benefits like insurance policy, pf, bank account opening, etc. anyone has to submit id/dob proof and how come same is missing from his end. There is a loophole, HR at time of documentation must have had collected something.
So according to this employee, he does not have or wish to submit pan/aadhaar/dl/voters id since he claims not to have dob proof, not possible. This is the only way to confirm his actual age.
Thanks and Regards,
Akash Sharma
9th May 2018 From India, Delhi
You can always ascertain there age from adhaar card as if a person doesn't know his exact DOB they mention it as 01/01/XXXX where XXXX is the year of birth.
10th May 2018 From India, Delhi
As regards proof of age, first see what the rules say. If the model Standing Orders is applicable to you, pl check the position or else what is the position in company rules on what is admissible regarding proof of age. As the employee has reached near the retirement age, there must have been some disclosure made somewhere during his long service, take out such details. For e.g., PF loan form, ESI card etc. But if there is no such document, then the employee can be called upon to produce documents in support of his age or else direct him to appear before the medical board. The medical board can give only an opinion of the range of age for example 60-62 or 55-58 etc never the exact age or date of birth. Based on such opinion, giving him the benefit, assess the age that is the minimum likely and issue order stating the age to be so with his due acknowledgement.
10th May 2018 From India, Mumbai
Hi
How come the employee does not have a single document of his date of birth these days.
Aadhar Card is accepted as POI/POA/DOB. Affidavit is another option.
Use Due diligence as legal method is time consuming and does not guarantee a correct figure.
As far as PF office is concerned, if one is not nearing superannuation , DOB correction should not be problematic. A joint declaration from employee and employer will help. Should adopt a generous approach, when retiral benefits schemes are concerned.
Regards
Puran Dangwal
21st October 2018 From India, New Delhi
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