Minimum Retirement Age Act 2012 · Updated to 1 Nov 2016 · Part III · Complaints and Inquiries
8. Directior General’s power to inquire into complaints
Feedback & supportAn employee who has been prematurely retired by his employer has, whithin sixty days from the date of the retirement, the option to complain in writing to the Director General.
employee
“employee” means any person who has entered into, and works under, a contract of service with an employer irrespective of his wages but does not include the person specified in the Schedule;
If an employee opts to make a complaint to the Director
General under subsection (1), the employee shall not make a representation under section 20 of the Industrial Relations Act 1967
until his complaint to the Director General under this section has been resolved.
Minimum Retirement Age 9
minimum retirement age
“minimum retirement age” means the minimum retirement age provided under subsection 4(1) and where the Minister prescribes a higher minimum retirement age under subsection 4(2), such higher minimum retirement age.
If an employee has made a representation under section 20 of the Industrial Relations Act 1967 and also made a complaint under subsection (1), the Director General shall not conduct an inquiry on the complaint made by the employee.
Subject to subsection (3), the Director General may conduct an inquiry, in the manner prescribed by the Minister, to determine whether there is prima facie evidence that an employee has been prematurely retired by his employer.
Minister
“Minister” means the Minister charged with the responsility for human resources;
Upon an inquiry under subsection (4), if the Director
General—
is satisfied that the complaint by an employee is not substantiated, the Director General shall dismiss the complaint; or
is satisfied that the employee has been prematurely retired by his employer, the Director General may direct the employer—
to reinstate the employee in his former employment and to pay the employee any arrears of wages calculated from the date the employee has been prematurely retired to the date of the reinstatement; or
to pay the employee a compensation in lieu of reinstatement, not exceeding the amount of total wages of the employee calculated from the date the employee has been prematurely retired to the date the employee attains the minimum retirement age.
Notwithstanding subsection (2) and any limitation period provided under subsection 20(1A) of the Industrial Relations
Act 1967, an employee may make a representation under section 20
of the Industrial Relations Act 1967 if the Director General has dismissed his complaint under paragraph (5)(a), and such representation shall be made within thirty days after the dismissal of the complaint under paragraph (5)(a) is communicated to the employee.
10 Laws of Malaysia ACT 753
If an employee has made a representation under section 20 of the Industrial Relations Act 1967 after his complaint has been dismissed under paragraph (5)(a), the employee is not entitled to appeal under section 10 of this Act, against the dismissal of his complaint by the Director General.
If the Director General has made a representation under paragraph (5)(b), the employee is not entitled to any other remedy for a dismissal without just cause and excuse under the Industrial
Relations Act 1967.
For the purpose of this section, “wages”—
for the employee specified in the First Schedule to the
Employment Act 1955, in the Schedule to the Sabah
Labour Ordinance or in the Schedule to the Sarawak
Labour Ordinance, has the meaning assigned to it respectively in section 2 of the Employment Act 1955, section 2 of the Sabah Labour Ordinance or section 2 of the Sarawak Labour Ordinance; and
for the employee not specified in the First Schedule to the Employment Act 1955, in the Schedule to the Sabah
Labour Ordinance or in the Schedule to the Sarawak
Labour Ordinance, means the rates of wages agreed upon in his contract of service.