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
Partner - Risk Management
K C S Kutty
Labour Laws
Human Resource Manager

Use factoHR and automate your HR processes

Mobile-first hire to retire HR and Payroll software that automates all HR operations and works as a catalysts for your organisational growth.


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

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

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

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

If you are knowledgeable about any fact, resource or experience related to this topic - please add your views.

About Us Advertise Contact Us Testimonials
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2022 CiteHRŽ

All Material Copyright And Trademarks Posted Held By Respective Owners.
Panel Selection For Threads Are Automated - Members Notified Via CiteMailer Server