
1. Check Your Contract and Policy
- What to do: Review your letter of appointment, employee handbook, or collective agreement.
- Why: If the retirement age is clearly stated (e.g. 60 years), any attempt to end your service earlier may be unlawful dismissal.
- Law reference: Employment Act 1955, Part XIIA â Termination, Lay-off and Retirement Benefits.
2. Confirm the Retirement Age
- Private sector: Usually 60 years (based on Minimum Retirement Age Act 2012, not in your uploaded files but applicable law).
- Exceptions: Certain contracts or collective agreements may allow earlier retirement, but only if mutually agreed.
3. If Employer Insists on Early Retirement
- Step 1 â Request Written Justification
Ask HR/management for an official letter stating reasons. Keep all correspondence. - Step 2 â Avoid Signing Under Pressure
Donât sign âvoluntary retirementâ or âmutual separationâ if you disagree.
4. File a Representation for Unfair Dismissal
- Timeline: Within 60 days from the date of dismissal/forced retirement.
- Where: Jabatan Perhubungan Perusahaan (JPP) / Department of Industrial Relations (DIR).
- Law reference: Industrial Relations Act 1967, Section 20 â Representations on Dismissals.
- Outcome: If conciliation fails, the case goes to the Industrial Court for compensation or reinstatement.
5. Engage Your Union (if applicable)
- Law reference: Trade Union Act 1959 â Unions can represent you in disputes.
- Action: Inform your union immediately; they may negotiate with the employer or support your Industrial Court case.
6. Secure Your Retirement Benefits
- EPF Withdrawal: Under the EPF Act 1991, members can withdraw savings at age 55 (partial) and 60 (full retirement).
- SOCSO Benefits: If your dismissal leads to financial hardship or health impact, check eligibility for Employment Insurance System (EIS) or Invalidity Pension under SOCSO Act 1969.
- Employer Benefits: Some companies provide gratuity, retirement packages, or voluntary separation schemesâreview carefully before agreeing.
7. Agencies & Contacts
| Agency | Purpose | Contact/Action |
| Jabatan Tenaga Kerja (JTK) | Advice on employment rights, wrongful termination | Visit nearest JTK office |
| Jabatan Perhubungan Perusahaan (JPP/DIR) | File unfair dismissal representation | Must file within 60 days |
| Industrial Court of Malaysia | Final decision on reinstatement/compensation | After conciliation fails |
| EPF (KWSP) | Withdrawal of retirement savings | Check KWSP i-Akaun |
| SOCSO (PERKESO) | EIS claims, Invalidity Pension | Check eligibility at PERKESO office |
8. Practical Tips
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Keep copies of all letters, emails, payslips.
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Donât resign voluntarily unless you fully agree to terms.
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Consult a labour lawyer or union rep before signing anything.
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File your representation earlyâdonât wait until the deadline.
đ In Summary
If your employer suddenly forces you to retire earlier than 60 (or agreed age), you have the right to challenge it. File a representation within 60 days at JPP, engage your union if available, and secure your EPF/SOCSO benefits. The law protects you against arbitrary dismissal, and the Industrial Court can award reinstatement or compensation.