Major Teoh’s Blog

March 7, 2007

HR-Notification of Retirement

Filed under: Retirement Notice,Sample Letters — Major (Rtd) Teoh @ 1:35 pm

HR-Notification of Retirement

 

____________________________________________________________________

 

Name:

Employee Number:

Date:

Dear                      

Re: Notification of Retirement Date: __________

We refer to our company’s policy on compulsory retirement upon reaching the statutory age of 55 years.

Our records show that you will be attaining the age of 55 years on ___________ and accordingly you shall be retired on that day.

Please make the necessary arrangements to hand over your duties and out standing matters to ______________(name of employee taking over the duties) by ______________ (date).

Your last pay package shall be made available to you on _______________ after you have handed over whatever company property you may have with you to the undersigned.

The company is taking this opportunity to thank you for your services rendered to this company and wishing you all the best in your future undertakings.

 

Regards,

 

Yours truly,

 

______________________

 

Name;

 

Designation:

cc

Payroll

Security

Pers File

HOD

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5 Comments »

  1. What happen if the employment letter does not state the required retirement age? Does that means the employee can work with no age limitation?

    Comment by chasershdw — January 5, 2008 @ 7:34 pm | Reply

  2. Dear “chasershdw”,

    You have inherited a problem and I guess you will have to live with it. I do not know where you from, but in Malaysia this employee will carry on working until he literally drops dead. In other words, he must be medically boarded out and certified unfit for work.

    This is the implication of not having a retirement clause in your letter of appointment.

    Just sharing.

    Major (Rtd) Teoh

    Comment by Major (Rtd) Teoh — January 5, 2008 @ 8:21 pm | Reply

  3. Thanks Major for your reply.

    Yes, I am from Malaysia. Well, that is bad news indeed. But then isn’t this very unfair to the employer? I think many of the small companies just assumed that 55 years old is the retirement age. I have asked around and found that almost everyone never ever thought about it.

    What about in the letter of employment if it states that should either party wants to terminate the contract, a 2 months notice should be given. Can the employer gives a 2 months notice then.

    Appreciate your opinion on this too. Thanks

    Comment by chasershdw — January 5, 2008 @ 9:17 pm | Reply

  4. Dear “chasershdw”,

    No, cannot. The employer in the giving the notice must assign reasons which are valid.

    What you have stated is what we call termination simpliciter, that is, “a termination by contractual notice and for no reason”.

    This doctorine does not hold any water in Malayasia as there are decided court cases which expound that the employer’s right to ‘hire and fire’ is not absolute.

    The employee has the right to know why he should not be employed and why his employment contract should be terminated.

    All these must be in good faith, bona fide and with just cause/reason.

    This clause in the contract of employment is thus more favourable to the employee than to the employer.

    Major (Rtd) Teoh

    Comment by Major (Rtd) Teoh — January 6, 2008 @ 4:45 pm | Reply

  5. Thanks again for your reply.

    Checked around and found that many people just assume 55 years old is the retirement age. Most of the small companies never states the retirement age. In this case, what can the employer do? Can they issue a new memo to all staff stating the retirement age? Someone told me that the industrial court will accept it if the retirement age is 55 or more. Cannot be lesser. In Singapore the employment act there is a retirement age act. It is 62 years old. Wonder why in Malaysia there is none!

    Comment by chasershdw — January 6, 2008 @ 5:07 pm | Reply


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