Res. Sir, i want know about employee retirement age as per factory act.

what is the retirement age in Maharashtra private establishment.

Dear Colleague,

To my knowledge, the retirement age is stipulated under the Standing Orders of the Organization whether it is Shop and Establishment or Factory. The standing orders normally will have a clause on retirement which has to be followed.

Generally Retirement is a Policy matter which is purely at the discretion of the employer. Unless contrary to the Standing Orders and without prejudice to clause of Appointment order, the employer can fix any age as retirement age at their discretion as an organization's policy matter. But not less than the age of retirement mentioned in the Standing Order. For example if Standing Order says retirement is on completion of 58 years, the employer can fix 60 years are age of retirement but not 55 years and so on.

The other document to rely is the appointment order which is the signed contract between employer and employee and there must be clause in the appointment order on age of retirement.

Other than this no Act deals with age of Retirement and it is purely the Policy decision of the Organization

Hence retirement age is a subject matter to be relied on :
- Organization's Policy
- Standing Order Clause on retirement
- Appointment Order Clause on retirement

From India, Chennai

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