On 26/05/2013,
you requested for the version in force on 26/05/2013
incorporating all amendments published on or before 26/05/2013.
The closest version currently available is that of 30/09/2012.
7A.
—(1) An employer shall, before his employee (being an eligible employee) attains the specified age, offer re-employment to that employee and the obligation of the employer to re-employ that employee shall begin from the time that employee attains the specified age, until that employee attains the age of 65 years or such other age, up to 67 years, as may be prescribed by the Minister.
[4/2011]
(2) Where —
(a)
an employee who attains the specified age on or after 1st January 2012 continues to work for his employer after he has attained the specified age; and
(b)
the employer does not, upon that employee attaining the specified age —
(i)
re-employ that employee; or
(ii)
terminate the employment of that employee,
then any right, privilege, obligation or liability acquired, accrued or incurred by the employee under the contract of service between him and his employer before he attains the specified age shall not be affected.
[4/2011]
(3) Where subsection (2) applies, the employer referred to in that subsection —
(a)
may, at any time after the employee referred to in that subsection has attained the specified age —
(i)
re-employ the employee; or
(ii)
terminate the employment of the employee if the employee does not satisfy the eligibility criteria set out in section 7(1); and
(b)
shall be deemed to have complied with the requirement under subsection (1) for the period between —
(i)
the time the employee attains the specified age; and
(ii)
the time the employer re-employs the employee or terminates the employment of the employee under paragraph (a).
[4/2011]
(4) For the purposes of re-employment under subsection (1) or (3)(a)(i), a new contract of service shall be entered into by the employee and his employer in which the job scope and the terms and conditions may vary from those in the previous contract of service between them.
[4/2011]
(5) Any variation referred to in subsection (4) shall be based on reasonable factors such as, but not limited to, the employee’s productivity, performance, duties and responsibilities, and the wage system such as the seniority system applicable to the employee.
[4/2011]
(6) Unless otherwise agreed by the parties to a new contract of service for the purpose of re-employment under subsection (1) or (3)(a)(i), the period of employment stipulated in the contract shall not be less than one year at any one time.
[4/2011]
(7) Notwithstanding subsection (6), where the period between —
(a)
the effective date of the coming into force of a new contract of service for the purpose of re-employment under subsection (1) or (3)(a)(i); and
(b)
the date on which the employee (who is a party to the new contract of service) attains the age of 65 years or such other age, up to 67 years, as may be prescribed by the Minister,
is less than one year, the period of employment stipulated in the new contract of service may be for that shorter period.
[4/2011]
(8) Where an employer does not intend to re-employ an employee because the employee does not satisfy the eligibility criteria set out in section 7(1), the employer shall, in so far as is reasonably practicable, give notice in writing to the employee, within a reasonable period before he terminates the employment of the employee, stating his intention to do so.
[4/2011]
(9) Notwithstanding any of the provisions of this Act, an eligible employee may retire or be retired, if he does not wish to be employed by his employer on or after the date he attains the specified age.
[4/2011]
(10) An eligible employee who intends to retire shall, in so far as is reasonably practicable, give notice in writing to his employer, within a reasonable period before he retires, stating his intention to do so.
[4/2011]