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Goh
20/09/2010 13:39:19
Re: Retirement & Retirement Benefits

I have been working with my present employer for the last 17 years and will be reaching 55 yrs old in April next year. Although the company does not have a retirement policy/benefits, I was recently verbally informed that I will have to retire upon reaching the age of 55 and that if I stay on till 55 they will consider paying me the benefits, the calculation of which is still unknown. Officially there is still no such retirement policy/benefits. I am also the first employee to reach retirement age in the company.

However of late they have dumped me will a lot of extra work which keeps me in the office till 10 to 11pm every day and finding fault with me for everything and anything I do. They also expect me to work on holidays and weekends. It is clear they do this to make me resign on my own so that they do not have to pay the retirement benefits.

Can I resign on my own and sue the company for the benefits? Or could this also be termed as "constructive dismissal"?

Thanks.
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KL Siew
pesaraonline@gmail.com
20/09/2010 15:17:43
You will have to have solid proof for "constructive dismissal" case to succeed. If that is your intention, you may as well start to gather evidence how they make life miserable for you and so on. It is not easy.
A simpler way may be you can have a frank discussion with the management on payment of benefits in view of the long period of service you have put in. Part like gentlemen.
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Surendrakumar Babulal
skb4553@yahoo.com
14/10/2010 11:42:18
Need advice. After going through the process of CD and then signing a MOU with the employer in the presence of Ministry of Human Resources, is the employee deemed to have been given his last post and salary benefits. Is he still entitled for his retirement benefits which were stated in the terms of service. TQ
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Guest
21/10/2010 15:41:30
Mr Goh, Since there is no written retirement benefit from the company, there is no obligation for the company to pay you anything even if you stay in the company till 55.
It seems very strange that they reminded you have to retire at 55 and at the same time verbally informed you that they will " CONSIDER " to pay you a retirement benefit.

They can just pay you a token sum just to fulfil their verbal commitment.
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