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 Retirement Age in Private Sector

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TSNautilusBW
post May 17 2022, 06:52 AM, updated 4y ago

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Hello

I understand the retirement age in Minimum 60 years old, Maximum 65 years old.

Is it possible to give the employee 1 month's notice for him/her to retire?

Currently the employee is 64 years old as of May 2022.

Thank you.

mini orchard
post May 17 2022, 07:40 AM

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QUOTE(NautilusBW @ May 17 2022, 06:52 AM)
Hello

I understand the retirement age in Minimum 60 years old, Maximum 65 years old.

Is it possible to give the employee 1 month's notice for him/her to retire?

Currently the employee is 64 years old as of May 2022.

Thank you.
*
Can share where you read this ?
knwong
post May 17 2022, 07:53 AM

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As far as I know company usually have their set of retirement rules and doesn’t follow government. Your company is mandatory or voluntary to retire at the age?
p4n6
post May 17 2022, 08:07 AM

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QUOTE(knwong @ May 17 2022, 07:53 AM)
As far as I know company usually have their set of retirement rules and doesn’t follow government. Your company is mandatory or voluntary to retire at the age?
*
So means if company doesn’t like one person will just ask to retire without compensation … can change the age to fit whoever they want to fire?
loserguy
post May 17 2022, 08:07 AM

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I assume that you are already paying reduced EPF contributions.

Do you mean that the guy is hanging on and does not want to retire?

Another option to let him down gently would be to switch him to a monthly contract basis.
SUSJulie Ting
post May 17 2022, 08:10 AM

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QUOTE(NautilusBW @ May 17 2022, 06:52 AM)
Hello

I understand the retirement age in Minimum 60 years old, Maximum 65 years old.

Is it possible to give the employee 1 month's notice for him/her to retire?

Currently the employee is 64 years old as of May 2022.

Thank you.
*
I am not aware of any revisions to the employment act for retirement age.

What is your company policy and the offer letter stating?


TSNautilusBW
post May 17 2022, 08:15 AM

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Got the information from the Minimum Retirement Age Act that came into effect from July 1, 2013


Employment Contract didn't state retirement age.


mini orchard
post May 17 2022, 08:29 AM

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QUOTE(NautilusBW @ May 17 2022, 08:15 AM)
Got the information from the Minimum Retirement Age Act that came into effect from July 1, 2013
Employment Contract didn't state retirement age.
*
It only states minimum age at 60.
hafiziza
post May 17 2022, 08:31 AM

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https://dnh.com.my/minimum-retirement-age-in-malaysia/

The MRAA 2012 only fixes the retirement age at 60 in the event an employment contract contains a retirement age that is less than 60. In the event the contract is silent on the retirement age, the MRAA 2012 does not automatically imply or create a retirement age of 60 into the contract.

In such a situation, the employees are entitled to work up to the normal retirement age of employees in their category, which age was to be determined by the Court. The court will determine this based on the reasonable expectation of understanding of the employees at the relevant time, concerning the age at which they can reasonably expect to be compelled to retire. In undertaking this exercise, the Court will consider all relevant facts and circumstances relating to the employment relationship. For example, if there is evidence that the employer continues to employ employees who are older than 65, it may be construed that the normal retirement age for such employees is at least 65.

This post has been edited by hafiziza: May 17 2022, 08:32 AM
Thrust
post May 17 2022, 08:31 AM

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In private sector.. age 55 is the minimum retirement age... Age 60 is the maximum...

Beyond 60, it will be up to the employer to offer you contract extension on yearly basis.
knwong
post May 17 2022, 08:40 AM

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QUOTE(p4n6 @ May 17 2022, 08:07 AM)
So means if company doesn’t like one person will just ask to retire without compensation … can change the age to fit whoever they want to fire?
*
No such thing. You sound very negative in saying that

No company will change their HR policy just because of not liking someone
Azzqech
post May 17 2022, 08:48 AM

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There is no iron rice bowl for private sector. If a company feels that the employee is too old to carry out his duties effectively, the employee can be given notice to leave and there is no need to use the retirement act. There should also be retrenchment benefits paid according to the law.
Pakatan SinMa Plus
post May 17 2022, 09:21 AM

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QUOTE(Azzqech @ May 17 2022, 08:48 AM)
There is no iron rice bowl for private sector. If a company feels that the employee is too old to carry out his duties effectively, the employee can be given notice to leave and there is no need to use the retirement act. There should also be retrenchment benefits paid according to the law.
*
Not an employer, just curious, Does company still need to pay for retrenchment benefits if the employee leaves the company due to hitting the retirement age?
zstan
post May 17 2022, 09:46 AM

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Above 60 the employee should be on Contract already. After contract finish can leave
mini orchard
post May 17 2022, 10:03 AM

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QUOTE(Pakatan SinMa Plus @ May 17 2022, 09:21 AM)
Not an employer, just curious, Does company still need to pay for retrenchment benefits if the employee leaves the company due to hitting the retirement age?
*
Retirement is not equal to retrenchment.

Retirement is by operations of law .... a requirement. No compensation.

Retrenchment is co down sizing, position not required, etc.

Some co pay gratituty upon retirement while others only give a handshake. Bonus if the co have a big makan on that day.

This post has been edited by mini orchard: May 17 2022, 10:05 AM
mushigen
post May 17 2022, 10:31 AM

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QUOTE(knwong @ May 17 2022, 08:40 AM)
No such thing. You sound very negative in saying that

No company will change their HR policy just because of not liking someone
*
I think this part refers to the previous post that states retirement age is min 60, max 65 or something like that.
Since it's not explicitly fixed, he's probably asking whether companies have the flexibility to retire staff from age 60 to 65 depending on their value.

mezanny
post May 17 2022, 10:58 AM

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QUOTE(NautilusBW @ May 17 2022, 06:52 AM)
Hello

I understand the retirement age in Minimum 60 years old, Maximum 65 years old.

Is it possible to give the employee 1 month's notice for him/her to retire?

Currently the employee is 64 years old as of May 2022.

Thank you.
*
first time i read got co give retirement up to 65 yo in Msia

usually reach 60 yo, if co want to hire will give contract.

if want to retire staff, then no renew contract lor.

but u r asking in msia context or other country ?
Ashadiya
post May 17 2022, 11:04 AM

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QUOTE(NautilusBW @ May 17 2022, 06:52 AM)
Hello

I understand the retirement age in Minimum 60 years old, Maximum 65 years old.

Is it possible to give the employee 1 month's notice for him/her to retire?

Currently the employee is 64 years old as of May 2022.

Thank you.
*
I thought retirement age is 56?
MeToo
post May 17 2022, 11:16 AM

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QUOTE(p4n6 @ May 17 2022, 08:07 AM)
So means if company doesn’t like one person will just ask to retire without compensation … can change the age to fit whoever they want to fire?
*
Usually after 55 or maybe 60, company will change the employment term to contractual basis renewal yearly. Makes things simpler.

Unless the employee is high ranker and/or essential, then better handle with care unless you have an immediate replacement cause old ppl can be sensitive...
Manuk1188
post May 17 2022, 11:19 AM

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Reach 60 by date if birth/month auto turn into contract, epf cut to 5.5, no bonus but angow (if company) good.

Yearly renewal contract. End story, unless you are a director position or chairman ...

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