Dear sir,
Very good discussion .Want to add one point more in addition to Mr. Umakanthan's and Mr. MTK's response.If company has no certified standing orders , not formally communicated either in Appointment letter or through Service rules,then Model Standing Orders is applicable. If you suspend a workman, company is under obligation to pay Subsistence allowance as per Model SO, if there is no certified Standing Order, And as per Model Standing orders, the age of retirement is 60 years. Company's role is limited here, no way involved directly or indirectly into loan processing eg. recommendation, sanction or forwarding loan application.Neither company becomes anyway, anywhere Surety or Loan Guarantor in process of giving a letter pertaining to age. Its only role is just to confirm AGE as on date as per company's Record. .
Regds,
RDS Yadav
Director,
Future Instt. of Engg. and management Technology
and
Labour Law Adviser
From India, Delhi
142Very good discussion .Want to add one point more in addition to Mr. Umakanthan's and Mr. MTK's response.If company has no certified standing orders , not formally communicated either in Appointment letter or through Service rules,then Model Standing Orders is applicable. If you suspend a workman, company is under obligation to pay Subsistence allowance as per Model SO, if there is no certified Standing Order, And as per Model Standing orders, the age of retirement is 60 years. Company's role is limited here, no way involved directly or indirectly into loan processing eg. recommendation, sanction or forwarding loan application.Neither company becomes anyway, anywhere Surety or Loan Guarantor in process of giving a letter pertaining to age. Its only role is just to confirm AGE as on date as per company's Record. .
Regds,
RDS Yadav
Director,
Future Instt. of Engg. and management Technology
and
Labour Law Adviser
From India, Delhi
Dear Seniors,
I feel proud to participate in this "healthy" topic and read valuable inputs from all of you. However, I have some more to put into.
1. I appreciate the Concern expressed by the resource person as 'company's security is first priority' being HR person.
2. There is no harm in certifying the retirement age to an employee (loyal/honest) by which the employee can get some
benefit from a third agency.
3. One thing to be kept in mind that a letter or certificate extending retirement age issued to any employee (whoever it
may be) should not hover-over the company in future that "citing/using that certificate the employee should not demand/
insist to extend his service period till the certified age". This is an area every HR person must think over.
4. No such letter addressed to the employee should be issued unless the company is willing to give service till 65 years of
age to all employees, as it will automatically be applied to all employees, if challenged in any labour/industrial court..
5. Alternatively, in the interest of the company and to help the employee, the company can ask the employee to get a letter
from bank on the topic and write a one line statement & directly deliver to the bank, without giving any copy to the
employee.
Seniors, please correct me if my approach is wrong.
Regards
From India, Thane
I feel proud to participate in this "healthy" topic and read valuable inputs from all of you. However, I have some more to put into.
1. I appreciate the Concern expressed by the resource person as 'company's security is first priority' being HR person.
2. There is no harm in certifying the retirement age to an employee (loyal/honest) by which the employee can get some
benefit from a third agency.
3. One thing to be kept in mind that a letter or certificate extending retirement age issued to any employee (whoever it
may be) should not hover-over the company in future that "citing/using that certificate the employee should not demand/
insist to extend his service period till the certified age". This is an area every HR person must think over.
4. No such letter addressed to the employee should be issued unless the company is willing to give service till 65 years of
age to all employees, as it will automatically be applied to all employees, if challenged in any labour/industrial court..
5. Alternatively, in the interest of the company and to help the employee, the company can ask the employee to get a letter
from bank on the topic and write a one line statement & directly deliver to the bank, without giving any copy to the
employee.
Seniors, please correct me if my approach is wrong.
Regards
From India, Thane
for the specific case
giving a NOC is on the application made by employee is more than enough, with condition, that
We have no objection to continue his employment, based on good terms and conduct, and subject to state and central labour acts/ laws applicable time to time.
--------------
if the bank want to ensure about his employment, then a NOC is enough, but if the bank want the same as "guanantee" then let the bank communicate on the issue directly.
--------------
in my opinion issuance of any such letter from employer side will establish a milestone of 65 years for retirement for all other employees. which should be always kept in mind.
giving a NOC is on the application made by employee is more than enough, with condition, that
We have no objection to continue his employment, based on good terms and conduct, and subject to state and central labour acts/ laws applicable time to time.
--------------
if the bank want to ensure about his employment, then a NOC is enough, but if the bank want the same as "guanantee" then let the bank communicate on the issue directly.
--------------
in my opinion issuance of any such letter from employer side will establish a milestone of 65 years for retirement for all other employees. which should be always kept in mind.
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Employee Appraisal Form new.doc