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Retiree Contract Cooling Off Period

Cyril Tan
Member
Fri, 21 Sep 2018 09:58:16 AM  (Last updated: Fri, 21 Sep 2018 02:15:53 PM)

All retirees are hired on yearly contract. Every year, depends of their fitness for employment, we will renew their contract for another year.

In the employment act states that the retirement age is 60.

Do I still need to impose a cooling off period for retiree in between their contracts?

SuharinKL
Contributor
Fri, 21 Sep 2018 02:10:03 PM
Originally posted by Cyril Tan on Fri, 21 Sep 2018 02:15:53 PM

All retirees are hired on yearly contract. Every year, depends of their fitness for employment, we will renew their contract for another year.

In the employment act states that the retirement age is 60.

Do I still need to impose a cooling off period for retiree in between their contracts?

Hai,

Basically the cooling period is there to distinguish that the employee is a fixed term contract employee and not a permanent. 

As such in my opinion, it does not matter whether there is any cooling period or not in your situation. the most important thing is how the wordings / sentences used in the agreement and the practice of the Company for example there should be no bonus for fixed term employee etc. Ive encountered many times where the agreement is vague where it gives room to the fixed term employee to argue that he/she is a permanent employee.

Regards,

suharinsulaiman@gmail.com

Cyril Tan
Member
Fri, 21 Sep 2018 02:15:53 PM

If there is no cooling off period between contracts for retirees, can they be deem as permanent staff?

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