Dear Friends
In our factory one of our employee’s age is 60yrs. He has completed is retirement age but the company want him to work with us, the employee is willing to work with us.
Can the factory Law permits to employ a worker who age is 60 and above
Please clarify this for me.
Regards….Raja
From India, Bangalore
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In our factory one of our employee’s age is 60yrs. He has completed is retirement age but the company want him to work with us, the employee is willing to work with us.
Can the factory Law permits to employ a worker who age is 60 and above
Please clarify this for me.
Regards….Raja
From India, Bangalore
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Dear Raja,
The Factories Act does not have any restriction against the upper age limit. There is no bar on a person to work after sixty under the Factories Act; it is only the entry age which is regulated.
The retirement age is normally guided by the service rules of individual organizations. Some have it at 58, some at 60, and some at 65, and there is no legal restriction in this regard.
Hence, the management is free to fix the retirement age. Once it is fixed, the retirement age is strictly adhered to, since any deviation can create a precedent. For this reason, there are usually strict and well-laid-out procedures regarding extension, which are usually as follows:
An application for extension is forwarded by the departmental head to the top management, which approves the same and forwards it to the CEO who sanctions the same. Some companies even require sanction from a director.
This extension is usually given for a fixed period as a renewable/non-renewable contract either in the same rank or as a consultant, and the option is available for management-level employees only.
Regards,
SC
From India, Thane
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47The Factories Act does not have any restriction against the upper age limit. There is no bar on a person to work after sixty under the Factories Act; it is only the entry age which is regulated.
The retirement age is normally guided by the service rules of individual organizations. Some have it at 58, some at 60, and some at 65, and there is no legal restriction in this regard.
Hence, the management is free to fix the retirement age. Once it is fixed, the retirement age is strictly adhered to, since any deviation can create a precedent. For this reason, there are usually strict and well-laid-out procedures regarding extension, which are usually as follows:
An application for extension is forwarded by the departmental head to the top management, which approves the same and forwards it to the CEO who sanctions the same. Some companies even require sanction from a director.
This extension is usually given for a fixed period as a renewable/non-renewable contract either in the same rank or as a consultant, and the option is available for management-level employees only.
Regards,
SC
From India, Thane
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The retirement age is mentioned in the service rules or the standing orders of the company. Some organizations also have a provision regarding the grant of an extension of one or two years. Please check the provisions.
The point to remember is not to create a precedent. This becomes a sore point for many and can result in organizational problems. Why an extension to one and not the other?
The best course of action would be to allow the person to retire and then hire their services on contractual terms for a specific period. The designation, consolidated payment, and duties can be specified.
Cyril
From India, Nagpur
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The point to remember is not to create a precedent. This becomes a sore point for many and can result in organizational problems. Why an extension to one and not the other?
The best course of action would be to allow the person to retire and then hire their services on contractual terms for a specific period. The designation, consolidated payment, and duties can be specified.
Cyril
From India, Nagpur
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Dear Raja,
Your query is interesting. If an employee of an organization wants to continue even after the age limit, and the organization is professional (not a government or semi-government organization), then we can consider that employee as staff, although not in the line hierarchy. The employee may be paid but may not be on the payroll.
Please consider this.
Regards,
Dr. Sarang Bhola
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Your query is interesting. If an employee of an organization wants to continue even after the age limit, and the organization is professional (not a government or semi-government organization), then we can consider that employee as staff, although not in the line hierarchy. The employee may be paid but may not be on the payroll.
Please consider this.
Regards,
Dr. Sarang Bhola
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Dear all,
I am an HR executive in a small-sized Pvt. Ltd Company (20 employees) that is an importer and dealer for consumer durables. This company was incorporated on 1st January 2008.
Since this company emerged from a previously existing company, most of the staff members are from the old company, and the management has a more lenient attitude towards them.
Out of those employees, one employee has reached the age of 60, which is our retirement age as per our HR policy. This employee primarily handles operations between our warehouses and stores. The management wants to retain this employee.
What procedure should I follow to achieve the management's desire within the lawful framework? Is there any option for this? Please reply as early as possible.
With Regards,
Jasmine
From India, Mumbai
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I am an HR executive in a small-sized Pvt. Ltd Company (20 employees) that is an importer and dealer for consumer durables. This company was incorporated on 1st January 2008.
Since this company emerged from a previously existing company, most of the staff members are from the old company, and the management has a more lenient attitude towards them.
Out of those employees, one employee has reached the age of 60, which is our retirement age as per our HR policy. This employee primarily handles operations between our warehouses and stores. The management wants to retain this employee.
What procedure should I follow to achieve the management's desire within the lawful framework? Is there any option for this? Please reply as early as possible.
With Regards,
Jasmine
From India, Mumbai
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Would like to add one more question to Jasmine’s query. If his service is continued can he continue contributing the PF? Regards Saritha
From India, Mumbai
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From India, Mumbai
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Dear All,
If the company does not have a particular policy about the age of retirement, then what will be the age of retirement? There are two employees who have already crossed the age of 58 years but have not yet crossed 60 years, and the top management wants to retire these employees. The employees do not agree to retire and are even threatening legal action, stating that the age limit for retirement is 60 years as per the Factories Act. I have gone through the Factories Act but couldn't find anything.
Please help with your suggestions at the earliest.
With regards,
Avinash K.
From India, Mumbai
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If the company does not have a particular policy about the age of retirement, then what will be the age of retirement? There are two employees who have already crossed the age of 58 years but have not yet crossed 60 years, and the top management wants to retire these employees. The employees do not agree to retire and are even threatening legal action, stating that the age limit for retirement is 60 years as per the Factories Act. I have gone through the Factories Act but couldn't find anything.
Please help with your suggestions at the earliest.
With regards,
Avinash K.
From India, Mumbai
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