Retirement and Re-employment Act 1993 · 2020 Revised Edition · Part 3 · Re-Employment of Eligible Employees
7. Re-employment eligibility criteria
Feedback & supportLast amended by an amending law of 2017.
For the purposes of this Act, an employee is eligible for re‑employment in accordance with section 7A if —
employee
“employee” means a person who has entered into or works under a contract of service with an employer;
the employee is born on or after 1 July 1952; and
the employer assesses the employee as —
having at least satisfactory work performance; and
being medically fit to continue working.
For the purpose of subsection (1)(b)(ii), an employee is presumed to be medically fit to continue working, unless the employer of the employee proves, on a balance of probabilities, that the employee is not medically fit.
employer
“employer” means a person who employs another person under a contract of service and includes —(a)the Government;(b)any statutory authority;(c)any duly authorised agent or manager of any employer; and(d)any person who owns or is carrying on, or for the time being responsible for the management or control of a profession, business, trade or work in which any employee is engaged;
Where an employer does not intend to re‑employ an employee because the employee does not meet the criteria in subsection (1)(b), then as far as it is reasonably practicable, the employer must give the employee written notice of that intention within a reasonable period before terminating the employee’s employment.