Dear Members,

 

 

RE: GUIDELINES TO THE MINIMUM RETIREMENT AGE ACT 2012

 

We refer to our previous two (2) circulars on the Minimum Retirement Age Act 2012; Act 753 (‘MRAA’), issued on 13 December 2012 and 28 December 2012, copies of which are attached herewith for your further reference.

 

Kindly take note that on 10th January 2013, the Ministry of Human Resource introduced the ‘Garis Panduan Kaedah Pelaksanaan Akta Umur Persaraan Minimum 2012’ (also attached herewith) as a general guideline for all employers prior to the effective date of the Act on 1st July 2013. Based on the guidelines and our previous Circulars, members are advised to take note of the following:-

 

1) Application for deferment

 

Employers who require an extension of time to make the necessary preparations to implement the MRAA can apply for a deferment to the Ministry. All applications must be directed to the following address no later than 30 April 2013 (not 28 February 2013 as was informed to us before):

 

Secretary

Policy Division

Ministry of Human Resources

Level 7, Block D3, Complex D

Federal Government Administrative Centre

62530 PUTRAJAYA

Tel No: 03-8886 5355

Fax: 03-8889 2377

 

As stated under the guidelines, employers must provide strong reasons to support the application for deferment and the application has to be in writing. The following documents must also be submitted with the application for the Ministry’s consideration to grant a deferment:

 

(a)          Company Information Forms from the Companies Commission of Malaysia

(Suruhanjaya Syarikat Malaysia);

(b)         List of employees with their Identity Card Nos.;

(c)          List of employees who will reach 55 years of age:

   -     between 1 July 2013 to 31 December 2013;

            -     between 1 January 2014 to 31 December 2014, and

      (d)       Any other relevant information which employers consider necessary to support their

               application.

 

Any applications received by the Ministry after 30 April 2013 will NOT be considered. If the application is successful, a postponement on the implementation of the MRAA may be granted until 31 December 2013 pursuant to section 18 of the MRAA.

 

All other guidelines stipulated by the Ministry remain consistent with our previous Circulars.

 

We also enclose herewith a FAQ list on the MRAA for your understanding. Kindly contact us should you require further assistance.

 

 

Yours faithfully,

MECA EMPLOYERS CONSULTING AGENCY SDN BHD

 

Raja Vishnu Sivarajah, Senior Legal Advisor

Victor Gan, Senior Legal Advisor

Category: 
Circular
Public: 
No