Employee Retirement legal/statutory implications - can we continue his employment as the employee is willing to continue his services? - CiteHR
Nagarkar Vinayak L
Hr-consultant
Vmlakshminarayanan
Sr.manager - Hr&admin

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Dear Seniors, I need your help in dealing an Employee Retirement .In our company as per policy we have 60 yrs as Retirement Age. Recently we have one employee who has completed 60 yrs. Do we have to complete his retirement formalities ? Or can we continue his employment as the employee is willing to continue his services. Are there any legal/statutory implications if we continue him in the services.
Need your valuable inputs
Thanks in advance
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Hi,
There is no legal /statutory implications. It is up to the discretion of the employer to allow the employee to continue after 60 years. However after 58 years pension contribution to pension fund is not allowed in PF and the whole employer contribution goes to PF only.
Dear Sir
Thank you for your revert. Regarding changes in PF, Do we(Employer) need to make any changes or inform any one on the contribution part or does it happen by default as the DOB of the employee is already there. Plz confirm
Dear colleague,
To effect retirement on reaching the age of superannuation and continuing his association after retirement, following options can be exercised:
1. Retire the employee by issuing suitably worded letter intimating two months prior to his last date and settle all his legal dues on last day.
2. If you want his services , engage him as a Consultant on mutually agreed terms .
3. There is no bar in extending his services for certain period on existing terms.
In case of rehire on retirement, option 1&2 are widely followed in private sector.
Regards,
Vinayak Nagarkar
HR-Consultant
To
Mr.Vinayak nagarkar
Thanks for your comments.one more quary is any draft letter whivh we can issued to the employee who is completing his age of superannuation.is there any draft for to him as on contract basis or consultant.can you send these draft on my mail or jayant@multitechpumps,com
Thanks
Jayant Nisal
corporate Manager-HR/IR
7875757963.
Dear colleague,
Please make an attempt to draft the letter as there is no standard format for it and obtain inputs from the site members.
It would be better option rather than getting spoon feeding help from others.
Regards,
Vinayak Nagarkar
HR- Consultant
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