Minimum Retirement Age Act 2012
The minimum retirement age for employees in Malaysia is regulated by the Minimum Retirement Age Act 2012 which came into force on 1 July 2013. The minimum retirement age of an employee shall be upon the employee reaching the age of 60 years, pursuant to Section 4(1) of the Minimum Retirement Age Act 2012. The Minimum Retirement Age Act 2012 does not apply to the following types of employees:
- persons who are employed on a permanent, temporary or contractual basis and are paid emoluments by the Federal Government, State Government, statutory body or local authorities;
- persons who work on a probationary term; apprentices who are employed under apprenticeship contracts;
- foreign/non-citizen employees;
- domestic servants;
- persons who are employed in any employment with average hours of work not exceeding 70% of the normal hours of work of a full-time employee;
- students who are employed under any contract for a temporary term of employment but do not include employees on study leave and employees who study on a part-time basis;
- persons who are employed on a fixed-term contract of service, inclusive of any extension, of not more than 24 months; and
- persons who, before the date of coming into operation of the Minimum Retirement Age Act 2012, have retired at the age of 55 years or above and subsequently are re-employed after they have retired.