马来西亚《最低退休年龄法》
LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 753 MINIMUM RETIREMENT AGE ACT 2012As at 1 November 2016 PART IPRELIMINARY Section1. Short title and commencement2. Non-application3. Interpretation PART IIMINIMUM RETIREMENT AGE4. Minimum retirement age5. Premature retirement6. Optional retirement7. Invalidity of term of contract of service and collective agreement PART IIICOMPLAINTS AND INQUIRIES8. Director General’s power to inquire into complaints9. Reference to High Court on question of law10. Appeal11. Non-compliance with direction of Director General PARTIVINVESTIGATION AND ENFORCEMENTSection12. Power of Director General13. Power to require attendance of persons acquainted with case14. Power to require production of document PART VGENERAL15. Exercise of Director General’s powers by labour officer16. Prosecution17. Compounding of offences18. Exemption19. Power to make regulationsSCHEDULE AnActtoprovidefortheminimumretirementageandforany related matters thereto.ENACTED by the Parliament of Malaysia as follows: PART IPRELIMINARYShort title and commencement1. (1) ThisActmaybecitedastheMinimumRetirementAge Act 2012.(2) This Actcomes into operation on a date to be appointed by theMinisterbynotificationintheGazette andtheMinistermay appointdifferentdatesforthecomingintooperationofdifferent provisions of this Act. Non-application2. (1) ThisActdoesnotapplytothepersonspecifiedinthe Schedule.(2) The Minister may, by order published in theGazette, amend the Schedule. Interpretation3. In this Act, unless the context otherwise requires— “prescribe” means prescribed by regulations;“Directior General” means—(a) in respect of Peninsular Malaysia, the DirectorGeneral of Labour appointed under subsection 3(1) of the Employment Act 1955 ;(b) in respect of Sabah, the Director of Labour appointed under subsection 3(1) of the Sabah Labour Ordinance ; and(c) inrespectof Sarawak,theDirectorof Labourappointed undersubsection3(1)of theSarawakLabourOrdinance ;“contractofservice”meansanyagreement,whetheroralorin writing, and whether express or implied, whereby one person agrees to employ another person as an employee and that person agrees to serve his employer as an employee; “employer” means any person who has entered into a contract of service to employ another person as an employee and includes an agent, a manager or factor of the first-mentioned person; “Minister” means theMinistercharged with the responsility for human resources; “labour officer” means the officer appointed under subsection 3(2) of the Employment Act 1955, subsection 3(1A) of the Sabah Labour Ordinance or subsection 3(1A) of the Sarawak Labour Ordinance; “employee” means any person who hasenteredinto, and works under,acontractofservicewithanemployerirrespectiveof his wages but does not include the person specified in the Schedule; “collectiveagreement”hasthesamemeaningassignedtoitin section 2 of the Industrial Relations Act 1967 ; “retirement”meansterminationofacontractofserviceofan employee on the ground of age; “premature retirement” means a retirement not in accordance with section 5; “minimumretirementage”meanstheminimumretirementage 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 IIMINIMUM RETIREMENT AGEMinimum retirement age4. (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 theGazette, prescribe a minimum retirementage higher than the minimum retirementage provided under subsection (1).(3) Whenthe Minister prescribesa higher minimum retirement age undersubsection(2),theprescribedminimumretirementage shall supersede the minimum retirement age provided under subsection (1). Premature retirement5. (1) An employershallnotprematurelyretire an employee before the employee attains the minimum retirement age.(2) Anemployerwhocontravenessubsection(1)commitsan offence and shall, on conviction, be liable to the 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. Optinal retirement6. 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 agreement7. (1) Anyretirementageinacontractofserviceorcollective 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 deemend to be void and substituted with the minimum retirement age provided under this Act. (2) Anyterminacontractofserviceorcollectiveagreement relating to retirement age shall be void if it excludes or limits the operation of any provision of this Act. PART IIICOMPLAINTS AND INQUIRIES Directior General’s power to inquire into complaints8. (1) Anemployeewhohasbeenprematurelyretiredbyhis employer has, whithin sixty days from the date of the retirement, the option to complain in writing to the Director General.(2) IfanemployeeoptstomakeacomplainttotheDirector Generalundersubsection(1),theemployeeshallnotmakea 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 Act1967 and also made a complaint under subsection (1), the Director General shall not conduct an inquiry on the complaint made by the employee.(4) Subject tosubsection(3), the Director General may conduct an inquiry, in the manner prescribed by the Minister, to determine whether thereis prima facie evidence thatanemployeehas been prematurely retired by his employer. (5) Upon an inquiry under subsection (4), if the Director General—(a) issatisfiedthatthecomplaintbyanemployeeisnot substantiated,theDirectorGeneralshalldismissthe complaint; or(b) is satisfiedthatthe employeehasbeenprematurely retired by his employer, the Director General may direct the employer—(i) to reinstate the employee in his former employment and to pay the employee any arrears of wages calculated from the date the employee has been prematurely retired to thedateof the reinstatement; or(ii)to pay theemployeeacompensationinlieuof reinstatement, not exceeding the amount of total wages of theemployee calculated from the date the employee has been prematurely retired to the date the employee attains the minimum retirement age. (6) Notwithstandingsubsection(2)andanylimitationperiod provided under subsection 20(1A) of the Industrial Relations Act 1967, an employee may make a representation under section 20 of theIndustrialRelationsAct 1967iftheDirectorGeneralhas dismissed his complaint under paragraph (5)(a), and such representation shall be made within thirty days after the dismissal of thecomplaintunderparagraph (5)(a)is communicated to the employee. (7) If an employee has made a representation under section 20 of theIndustrialRelationsAct 1967 afterhis complainthasbeen dismissed under paragraph(5)(a), theemployeeisnotentitledto appealundersection10of thisAct,againstthedismissalof his complaint by the Director General. (8) IftheDirectorGeneralhasmade arepresentationunder paragraph (5)(b), the employee is not entitled to any other remedy for adismissalwithoutjustcauseandexcuseundertheIndustrial Relations Act 1967. (9) For the purpose of this section, “wages”—(a)forthe employeespecified in the FirstSchedule to the EmploymentAct1955,intheScheduletotheSabah LabourOrdinanceorintheScheduletotheSarawak Labour Ordinance,hasthemeaning assignedto it respectively in section 2 of the Employment Act1955, section 2 of the Sabah Labour Ordinance or section 2 of the Sarawak Labour Ordinance; and(b)for theemployee notspecified in the FirstSchedule to the Employment Act 1955, in the Schedule to the Sabah LabourOrdinanceorintheScheduletotheSarawak Labour Ordinance, means the rates of wages agreed upon in his contract of service. Refence to High Court on question of law9. (1) Inany inquiry under subsection8(4), the Director General may, if the thinks fit, refer any question of law for the decision of a Judge of the High Court and if the Director General does so he shall make his decision in the inquiry in conformity with the decision of the Judge of the High Court.(2) An appeal on any decision of a Judge of the High Court under subsection (1) shall lie to the Court of Appeal. Appeal10.(1)Aperson whoisdissatisfiedwith thedecisionofthe Director General under subsection 8(5) may appeal to the High Court. (2) Subject to any rules made under section 4 of the Subordinate Court Rules Act1955,theprocedure in an appeal to the High Court shall be the procedure in a civil appeal from a Sessions Court with such modifications as the circumstances may require. Non-compliance with direction of Director General11.(1)An employer who fails to comply with the direction of the Director General under paragraph8(5)(b) commitsan offenceand shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.(2) Ifan employerhasbeen convictedofan offenceunder subsection(1),thecourtbeforewhichtheemployerhasbeen convicted may order the employer to pay to the employee the amount directed by the Director General to be paid under paragraph 8(5)(b).(3) Ifanemployerfailstocomplywithanordermadeunder subsection(2), thecourt may,on the application of anemployee, issueawarranttolevytheemployer’spropertyfortheamount ordered to be paid under subsection (2) in the following manner:(a)by way of distress and sale of the employer’s property in accordance with the same procedure of execution under the *Subordinate Courts Rules1980 and this execution shall apply mutatis mutandis notwithstanding the amount ordered to be paid; or(b)in the same manner as a fine as provided under section 283 of the Criminal Procedure Code . *NOTE— The Subordinate Courts Rules 1980 was repealed by the Rules of Court 2012 PART IVINVESTIGATION AND ENFORCEMENT Powers of Director General12.The Director General shall have all the powers—(a)to investigate into any offence under this Act; and (b)to enforce any provision of this Act.Power to require attendance of persons acquainted with case13.(1)The Director General in making an investigation under this Act may, by order in writing, require the attendance before himself of any person who appears to him to be acquainted with the facts and circumstances of the case, and such person shall attend as so required. (2) If anypersonrefusesorfailstoattendassorequired, the Director General may report such refusal or failure to a Magistrate who shall issue a summons to secure the attendance of such person as maybe required by the order made under subsection (1). (3) The Director General may examine orally a person supposed to be acquainted with the facts and circumstances of the case under his investigation. (4) A personshall be bound to answer all questions put to him relating to the case under investigation by the Director General but the person may refuse to answer any question which would have a tendency to expose him to a criminal charge or penalty or forfeiture. (5) Apersonmakingastatementunderthissectionshallbe legally bound tostatethe truth, whetheror notsuchstatementis made wholly or partly in answer to questions. (6) The Director General examining a person under subsection(3)shallfirstinformthepersonoftheprovisionsof subsections (4) and (5). (7) Astatement made by any person under this section shall be reduced into writing and signed by the person making the statement or affixed with his thumbprint after the statement has been read to him in the language in which he made it and after he has been given an opportunity to make any correction he may wish. Power to require production of document14.(1)The Director General in making an investigation under this Act may—(a) require anyperson acquaintedwiththe factsand circumstances of the case to produce any contract of service or other document relating to the employment ofan employee who makes a complaint under subsection 8(1);(b) make copies ofany contractofservice or other documentrelatingtoemployementproducedunder paragraph (a); and(c) take or remove any relevant document.(2) If theDirector General issatisfied that the retaining of any document is no longer necessary, the Director General may return the document to the person who has provided the document as soon as practicable. PART VGENERALExercise of Director General’s powers by labour officer15.(1) Subjecttosubsection(2)andanylimitationasmaybe prescribedbytheMinister,alabourofficermayexerciseallthe powers conferred upon the Director General by this Act, and every power so exercised shall be deemed to have been exercised for the purposes of this Act. (2) A labour officershall not exercise any of the powers of the DirectorGeneralunderthisActunlessheisinpossessionofan authoritycardsignedbytheDirectorGeneralauthorizinghimto exercise such powers. Prosecution16.No prosecution for an offence under this Act shall be instituted except by or with the written consent of the Public Prosecutor. Compounding of offences17.(1)The Director General may, with the consent in writing of thePublicProsecutor,compoundanyoffencecommittedbyany employer under this Act which is prescribed to be a compoundable offence by making a written offer to the employer suspected to have committed the offence to compound the offence upon payment to the DirectorGeneralof anamountof moneynotexceedingfiftyper centum of the amount of maximum fine for that offence within the time specified in the offer. (2) An offer under subsection (1) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted, and if the amount specified in the offer is not paid within the time specified in the offer or withnin such extended period as the Director General may grant, the prosecution for the offence maybe instituted at anytime after that against the employer to whom the offer was made.(3) If an offence has been compounded under subsection (1), no prosecution shall be instituted in respect of the offence against the employer to whom the offer to compound was made. Exemption18.The Minister may, by order published in theGazette,exempt with or without conditions any employer or class of employers from all or any of the provisions of this Act. Power to make regulation19.The Minister may make such regulations as may be necessary and expendient for the purpose of carrying into effect the provisions of this Act. SCHEDULE (Section 2)1. This Act does not apply to—(a) apersonwhoisemployedon a permanent, temporary or contractual basis and is paid emoluments by the Federal Government, theGovernment of any State, any statutory body or any local authorities; (b) a person who works on a probationary term;(c) an apprentice who is employed under an apprenticeship contract;(d) anon-citizen employee; (e) a 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 under any contract for a temporary term of employment but does not include an employee on study leave and an employee who studies 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;(ha) a person who is employed on a fixed term contract of service, inclusiveof any extension, of more than twenty four months but not more than sixty months with basic wages of twenty thousand ringgit per month and above; and(i) a person who, before the date of coming into operation of this Act, has retired at the age of fifty five years or above and subsequently is re- employed after he has retired.2. Forthepurposeof thisSchedule,“domesticservant”and“apprenticeship contract”havethemeaningassignedtotheminsection2of theEmployment Act 1955, the Sabah Labour Ordinance and the Sarawak Labour Ordinance.
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