Legal Concerns of Hiring Retired Consultants in Factories: What Should We Know?

Dear All, Please provide some guidance as someone has been appointed after retirement in a factory as a consultant. He is operating a machine. What is the legal position regarding the Factory Act, standing orders, ESIC, insurance, etc.?

Regards, Rakesh

Please indicate clearly on what points clarification or views are required. Do you simply want to ensure whether the employment of a retired person is legal or not?

Provisions of the ESI Act, 1948

Regarding the provisions of the ESI Act, 1948, and the rules or regulations framed thereunder, as far as I understand, there is no age condition for entitlement to benefits. There is also no age condition for becoming an insured person or employee.

Dear Mehta,

We are looking to recruit individuals who are retired from their previous services for our manufacturing unit. We are seeking to hire consultants to assist us. Could you provide information regarding the attendance system and any other statutory liabilities? Specifically, are retired individuals exempt from PF contributions but still eligible for ESI?

Regards, Rakesh