According to Section 4(1) of the Minimum Retirement Age Act 2012 (“the Act”), an employee's minimum retirement age is 60 years.
Pursuant to Section 6 of the Act, when an employee reaches the age of optional retirement, as stipulated in the employment contract or collective agreement, he or she may voluntarily retire by serving a notice to the employer.
The High Court held in Anandraj A / L Vadivellu V Iskandar Investment Bhd ,
👉 possibly the first recorded case on early retirement under the Minimum Retirement Age Act (MRAA),
👉 that the MRAA only applies to termination on the basis of age and not for any other cause.
根据该法第6条，当雇员达到雇佣合同或集体协议 [collective agreement] 规定的可选退休年龄时，他或她可以向雇主发出自愿退休的通知。
2020年，高等法院在 Anandraj A / L Vadivellu V Iskandar Investment Bhd  一案 [这可能是第一个根据 2012年最低退休年龄法令记录在案的提前退休案例] 中认为：
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✅ 在向员工提供模板之前，强烈建议雇主事先让律师进行审查，尤其是如果该模板本身具有诉讼性质，有潜在的法律影响，并且对员工有个人影响（例如，安全程序）。 ✅ 你必须与你的法律顾问保持开放的沟通渠道，以获得律师的协助，根据任何潜在的法律影响来分析模板的内容。