Please suggest to me, one of our workers is attaining the age of 58 years in April 2013, as per the date of birth he provided on the employment form, and we don't have any document regarding his date of birth proof. There is an agreement between management and workers, but no clause of service is mentioned in it. Can we retire him after the completion of his 58 years of service? He is requesting to continue in service for 3 more years.
From India, Pune
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1From India, Pune
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Superannuation Policy and Age Considerations
Do you have any Superannuation Policy in your company? What is the age of superannuation according to it? If it's 58, then the employee has to be necessarily superannuated at 58. The Date of Birth as given in the Employment Form is sufficient and adequate—no further proof of Date of Birth is required once it is accepted. Proof of Date of Birth is only required if the employee wants to contest his age.
The case of retention for 3 years is up to the management, and the person can be retained as a consultant or any other appropriate designation, not being that of a regular employee.
Warm regards.
From India, Delhi
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Do you have any Superannuation Policy in your company? What is the age of superannuation according to it? If it's 58, then the employee has to be necessarily superannuated at 58. The Date of Birth as given in the Employment Form is sufficient and adequate—no further proof of Date of Birth is required once it is accepted. Proof of Date of Birth is only required if the employee wants to contest his age.
The case of retention for 3 years is up to the management, and the person can be retained as a consultant or any other appropriate designation, not being that of a regular employee.
Warm regards.
From India, Delhi
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In addition to Mr. Raj Kumar, I would like to add the following: What is his level of employment? If he is at the workman level and able to perform his duties properly without any health issues, then you can keep him until the age of 60 years. However, you should consider your company policy, and if it does not permit this, you can appoint him in the same position on a re-employment basis with a consolidated salary/honorarium. In this case, you do not need to deduct anything, including PF.
Regards,
From India, Kumbakonam
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Regards,
From India, Kumbakonam
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