Hi Friend, I became superannuated on September 24 at age 58, but neither my HR nor my department gave me any notice about my retirement. I continued working until December 24, and my PF was deducted as a regular part of my salary.
Suddenly, on December 24, my HR approached me and asked if I was already superannuated and if I was running on an extension (although I have no letter about it), and mentioned that my tenure ended on the 31st of December. To this day, I have no letter from HR or my department confirming my superannuation.
What should I do?
I am under terrible stress and going through mental trauma, considering my future plans. Is it acceptable, as part of the revised labor law of 1957, for HR to take action without even informing an employee about their retirement and get away with it? What should I do to protect myself from post-retirement challenges?
From India, Bengaluru
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Suddenly, on December 24, my HR approached me and asked if I was already superannuated and if I was running on an extension (although I have no letter about it), and mentioned that my tenure ended on the 31st of December. To this day, I have no letter from HR or my department confirming my superannuation.
What should I do?
I am under terrible stress and going through mental trauma, considering my future plans. Is it acceptable, as part of the revised labor law of 1957, for HR to take action without even informing an employee about their retirement and get away with it? What should I do to protect myself from post-retirement challenges?
From India, Bengaluru
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This is definitely mishandled by your HR team. However, whether they are correct in your separation is dependent on:
- What your appointment letter says
- What your standing orders say
- Any other letter received earlier
- Your knowledge of how others superannuated
If details of your retirement at 58 were specified in any of the first three things, HR is not under obligation (legally) to intimate you, though morally they are wrong. If there was no notice at any point in time, then you can claim that you are eligible to work till 60 (which is what the model standing order says for Karnataka).
In either case, you can reach out to your CEO, HR Director, or any senior executive (probably through your reporting manager) and take their help to get an extension or any other relief you believe you are eligible for.
If you are a "worker" under the ID Act, you can take the matter to the labor commissioner. If you are in a factory, you can take it to the grievance committee under Sec 9C. If you are a manager, you have little legal forum to go to.
From India, Mumbai
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2508- What your appointment letter says
- What your standing orders say
- Any other letter received earlier
- Your knowledge of how others superannuated
If details of your retirement at 58 were specified in any of the first three things, HR is not under obligation (legally) to intimate you, though morally they are wrong. If there was no notice at any point in time, then you can claim that you are eligible to work till 60 (which is what the model standing order says for Karnataka).
In either case, you can reach out to your CEO, HR Director, or any senior executive (probably through your reporting manager) and take their help to get an extension or any other relief you believe you are eligible for.
If you are a "worker" under the ID Act, you can take the matter to the labor commissioner. If you are in a factory, you can take it to the grievance committee under Sec 9C. If you are a manager, you have little legal forum to go to.
From India, Mumbai
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Efficient HR Practices for Retirement Preparation
An efficient HR admin implements practices that are essential and purposeful. Almost all establishments I have encountered follow a practice of preparatory arrangements for retiring employees. At least six months in advance, an intimation is handed over, often in person, to employees due to retire on superannuation. This is done either by calling them to the HR or HOD's office or visiting them at the workplace. They are provided with a checklist of documents required to process their full and final settlements, ensuring everything is ready no later than three months in advance, especially concerning pension payments. These measures should be adopted whether they are bound by any regulations or not, as they are essential for setting high standards of HR practices.
Many establishments conduct counseling with employees regarding retirement plans a month before retirement. It's unfortunate if there is no formal intimation served in advance, at least to the superannuating employee.
From India, Bangalore
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An efficient HR admin implements practices that are essential and purposeful. Almost all establishments I have encountered follow a practice of preparatory arrangements for retiring employees. At least six months in advance, an intimation is handed over, often in person, to employees due to retire on superannuation. This is done either by calling them to the HR or HOD's office or visiting them at the workplace. They are provided with a checklist of documents required to process their full and final settlements, ensuring everything is ready no later than three months in advance, especially concerning pension payments. These measures should be adopted whether they are bound by any regulations or not, as they are essential for setting high standards of HR practices.
Many establishments conduct counseling with employees regarding retirement plans a month before retirement. It's unfortunate if there is no formal intimation served in advance, at least to the superannuating employee.
From India, Bangalore
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FM-HR-00021 Probationary Extension Notification.do c