Can We Hire Employees Over 60 Despite M.P. Industrial Employment Rules? Seeking Advice!

Dear All,

As per M.P. Industrial Employment Standing Orders, an employee has to retire at the age of 60. However, is there any provision that allows us to hire beyond 60? We have observed in many companies that employees continue working even after reaching 60 years of age. Please help.

Avinash Dubey

Sometimes, the Standing Orders in some companies also provide for management's discretion to extend the retirement age beyond 60 years, for example, for another three years subject to medical fitness. In such cases, the age of retirement can be extended. Otherwise, the company can hire them as consultants who are not considered employees and are not subject to the normal service conditions of employees.

B. Saikumar HR & Labour Relations Advisor Navi Mumbai

Dear Avinash, you have not mentioned the retirement age in your company, which is vital for replying. Additionally, what is the age of the employee whom you are proposing to hire? What is the rationale for hiring an employee who has crossed 60 years?

By hiring an employee who has crossed 60 years, you are setting a precedent for your organization. Consequently, your retirement age should also be adjusted accordingly.

Extending service after retirement is different from hiring an employee who has turned 60 years old.

Thank you.

Please check the age of superannuation mentioned in the MP Act/rules. You can't employ a person whose age is equal to or above the said age.

Dear Dubey,

The MP standing orders or any other state SOs lay down the age of retirement. At the same time, to my knowledge, it does not bar recruiting a retired employee as a Consultant or in such another capacity, provided you need his services and he is physically fit.

Regards,
Vinayak Nagarkar
HR Consultant

Dear Srinath Sairam,

The retirement age in our company is 60 years in line with the Standing Orders in M.P. Thank you very much for your reply. I have already addressed the issue by speaking to the Labor Department, and they have informed me that we can extend the retirement age through an MoU between the employee and the employer. The same provision is also stated in the Standing Orders rules.

Kind regards, [Your Name]

Dear Avinash,

When there is a provision in your standing orders for extending the retirement age by the management through mutual discussion, why is this question raised? Also, why wasn't this brought to the attention of members in your post?

B. Saikumar
HR & Labour Relations Advisor
Navi Mumbai