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Ashley
21/12/2020 14:49:03
Re: Retirement Fixed Term and Conditions Contract

Hi,

I would like to inquiry about an employee after retirement, and the employer wish to re-employ him. The fix terms in the contract is depend on company policy or employment act?
1. Example for the annual leave, the employee worked as permanent staff for 4 years, before retirement age was 16 days. After retirement age, the contract would be 8 days or 20 days? After renewal of contract, the leave would be increase according to year?
2. Sick leave?
3. EPF and SOCSO?
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KL Siew
21/12/2020 16:54:35
1. He will be a new employee and under a new contract of service;
2. If he is a non manual worker and if salary is more than RM2000, then he is not covered by the Employment Act. All terms and conditions of service will go according to whatever mutually agreed upon by the parties.
3. If he is a manual workers or those with salary less than RM2000, all benefits like leave, sick leave etc etc will follow those in the Employment Act;
4/ As for EPF and SOCSO, you will have to consult their respectively offices.

If you need official rulings, you can contact the Labour Department (Jabatan Tenaga Kerja).
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