Definition of minimum retirement age


minimum retirement age means the minimum retirement age provided under subsection 4(1) and where the Minister prescribes a higher minimum retirement age under subsection 4(2), such higher minimum retirement age. Part II MINIMUM RETIREMENT AGE Minimum retirement age 4. (1) Notwithstanding any other written law, the minimum retirement age of an employee shall be upon the employee attaining the age of sixty years. (2) The Minister may, by notification in the Gazette, prescribe a minimum retirement age higher than the minimum retirement age provided under subsection (1). (3) When the Minister prescribes a higher minimum retirement age under subsection (2), the prescribed minimum retirement age shall supersede the minimum retirement age provided under subsection (1). Premature retirement 5. (1) An employer shall not prematurely retire an employee before the employee attains the minimum retirement age. (2) An employer who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit. (3) A premature retirement shall not include an optional retirement under section 6 and a termination of a contract of service for any reason other than on the ground of age. Laws of Malaysia8 Act 753 Optional retirement 6. Notwithstanding the minimum retirement age, an employee may retire upon attaining the age of optional retirement as agreed in the contract of service or collective agreement. Invalidity of term of contract of service and collective agreement 7. (1) Any retirement age in a contract of service or collective agreement made before, on or after the date of coming into operation of this Act which is less than the minimum retirement age provided under this Act shall be deemed to be void and substituted with the minimum retirement age provided under this Act. (2) Any term in a contract of service or collective agreement relating to retirement age shall be void if it excludes or limits the operation of any provision of this Act. Part III COMPLAINTS AND INQUIRIES director general's power to inquire into complaints 8. (1) An employee who has been prematurely retired by his employer has, within sixty days from the date of the retirement, the option to complain in writing to the Director General. (2) If an employee opts to make a complaint to the Director General under subsection (1), the employee shall not make a representation under section 20 of the Industrial Relations Act 1967 until his complaint to the Director General under this section has been resolved. (3) If an employee has made a representation under section 20 of the Industrial Relations Act 1967 and also made a complaint under subsection (1), the Director General shall not conduct an inquiry on the complaint made by the employee. Minimum Retirement Age 9 (4) Subject to subsection (3), the Director General may conduct an inquiry, in the manner prescribed by the Minister, to determine whether there is prima facie evidence that an employee has been prematurely retired by his employer. (5) Upon an inquiry under subsection (4), if the Director General--
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