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JJUDE HR
Dear all, Can anyone suggest what is the legal procedure for employing a person after the age of 58 in a private organization? Kindly suggest me in detail.
From India, Chennai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Saswatabanerjee
Partner - Risk Management
K C S Kutty
Labour Laws
T.PRABHAKAR
Human Resource Manager

kumaracme
421

There is no legal provision for employing retired persons in your company. All our labour laws ceased to operate for a person who attained the retirement age that is 58 years. You can go for service contract agreement with the retired person when you employ them after their retirement.
Please note that all service contract agreement cannot challenged at labour court but can be proceeded with Civil court for any breach of contract.

From India, New Delhi
saswatabanerjee
2383

I would disagree with the above statement
The labour laws do not stop working at the age of 58.
All the labour laws will continue to apply to the person. It is only for PF that the Pension part does not apply. You still need to deduct PF, ESIC, PT, etc. You still need to follow the law on payment of wages / salary, the indistrial dispute act, factory act / shop & Establishment act, POSH, all of them continue to apply.
There is no restriction employment of a person beyond 58 years of age unless there is something specific in the Internal Procedures / HR Regulations or in the standing orders that apply to the unit

From India, Mumbai
K C S Kutty
75

If the retirement age is 58 years in your organisation, the employee has to retire on attaining the age of 58.
If the services of the retired employee is needed by the organisation, after his retirement and settlement of all dues,
he may be re-employed on contract basis for a specific period, on mutually agreed terms.
Engaging a person, who has retired from any other organisation , on contract basis, on mutually agreed terms, for a specific period is also possible.

From India, Madras
T.PRABHAKAR
4

Dear Sir,
After the retirement age of 58, we can employ a person on a contractual agreement for a specified period by having the medical fitness done for him by a certified medical practitioner stating that he is fit for employment. After getting that Medical fitness certificate he can be employed.

From India, Madras
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