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Termination

F-Ching
Member
Fri, 09 Dec 2016 01:47:16 PM  (Last updated: Sat, 10 Dec 2016 11:50:21 AM)

Hi,

My company intend to cut down the manpower for production. If employee's letter of employment stated down "notice of termination is 2 months or 2 months' salary in lieu of such notice".

In this case, if 2 months notice was given to the employee for such termination, will he be entitled to termination benefit ?

For those below retirement age (60 years), their retirement age for employment contract at 55 years, can we proceed with the termination notice after his age at 56 years ?

Please advice.

Thank you.

KL Siew
Administrator
Fri, 09 Dec 2016 07:31:07 PM

In veiw of the new minimum retirement age law, I would suggest that you pay a visit to the Labour Department and discuss the issues with the officer there. In my opinion, the new law seems to give the right to employees to work up to 60. I don't know whether your company's 55 retirement age rule is still valid.

F-Ching
Member
Fri, 09 Dec 2016 10:07:38 PM
Originally posted by KL Siew on Fri, 09 Dec 2016 07:31:07 PM

In veiw of the new minimum retirement age law, I would suggest that you pay a visit to the Labour Department and discuss the issues with the officer there. In my opinion, the new law seems to give the right to employees to work up to 60. I don't know whether your company's 55 retirement age rule is still valid.

Hi Siew,

Is It means we cannot termination any employee even though with 2 months' notice ? for reason company want to cut down manpower

Thank you.

KL Siew
Administrator
Sat, 10 Dec 2016 11:50:20 AM

I was not sure whether the Minimum Retirement Act 2012 would take precedence over your company rule or not and that's why I told you to contact the Labour Department.

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