Briefing on Minimum Retirement Age Act 2012Labour Department Sarawak organized Briefing on Minimum Retirement Age Act 2012 on 5 March 3013 at Islamic Information Center, Kuching. The Briefing was presented by Mr. Dzulzalani bin Eden, Assistant Director of Labour Department Sarawak.
Guidelines on Implementation of Minimum Retirement Age Act 2012（Act 753）as follows:
1. Section 4 of the Minimum Retirement Age Act 2012 (Act 753) provided that the minimum retirement age of an employee shall be upon the employee attaining the age of sixty (60) years. Employer may at any time fix a higher retirement age than 60 years for their employees.
2. Date of coming into operation of Minimum Retirement Age Act 2012 i.e. 1 July
2013 based on the gazette notification PU (B) 422 dated 26 December 2012 on all employers in Malaysia who employ employees regardless of the amount of salary paid, except for the categories of employees as stipulated in the Schedule to section 2 of the Act.
3. Section 6 of Act 753 stated that early Retirement Age before the minimum
retirement age can be fixed by the employer with the consent of the employee as agreed in the contract of service or collective agreement. An employee may choose to retire when he attains the said optional retirement age.
4. Section 7 of Act 753 stated that employers need to amend the retirement age in the
contract of service or collective agreement to the minimum retirement age of 60 years if the existing retirement age is lower.
5. The minimum retirement age does not apply to employees who are listed in the
Schedule to section 2 of Act 753 as follows:
(a) a person who is employed on a permanent, temporary or contractual basis and is paid emoluments by the Federal Government, the Government of any State, any statutory body or any local authorities;
(b) a person who works on a probationary contract;
(c) an apprentice who is employed under an apprenticeship contract;
(d) a non‐citizen employee;
(e) domestic servant;
(f) a person who is employed in any employment with average hours of work not exceeding seventy percent of the normal hours of work of a full‐time employee;
(g) a student who is employed in any contract for a temporary term of employment but does not include employee on study leave and employee studying on part‐time basis;
(h) a person who is employed on a fixed term contract of service inclusive of any extension, of not more than twenty‐four months; and;
(i) a person who before 1 July 2013 has retired at the age of fifty‐five years or more and is subsequently re‐employed after his has retired.
For more information, please contact the Labour Department Sarawak, Tel: 082-242261, E-mail: jtknsarawak@mohr.gov.my.
