Retirement and Re-employment Act 1993 · 2020 Revised Edition · Part 3 · Re-Employment of Eligible Employees
7A. Employer to re-employ eligible employee
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Subject to section 7C, an employer must, before an employee of the employer (being an eligible employee) attains the specified age, offer re‑employment to that employee and the employer’s obligation to re‑employ that employee begins from the time that employee attains the specified age, until that employee attains the employee’s prescribed re-employment age.
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 employee mentioned in section 7(1)(a) continues, after attaining the specified age, to work for his or her employer; and
the employer does not, upon that employee attaining the specified age —
re-employ that employee; or
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 the employee and his or her employer before the employee attains the specified age is not affected.
Where subsection (2) applies, the employer referred to in that subsection —
may, at any time after the employee referred to in that subsection has attained the specified age —
re-employ the employee; or
terminate the employment of the employee if the employee does not satisfy the eligibility criteria set out in section 7(1)(b); and
is deemed to have complied with the requirement under subsection (1) for the period between —
the time the employee attains the specified age; and
the time the employer re-employs the employee or terminates the employment of the employee under paragraph (a).
For the purposes of re-employment under subsection (1) or (3)(a)(i), a re‑employment contract must be entered into by the employee and his or her employer, in which the job scope and the terms and conditions may vary from those in the previous contract of service between them.
re-employment
“re-employment” means the employment of an employee by the same employer on or after the date the employee attains the specified age applicable to that employee;
Any variation referred to in subsection (4) must 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.
employee
“employee” means a person who has entered into or works under a contract of service with an employer;
Unless otherwise agreed by the parties to a re‑employment contract, the period of employment stipulated in the contract must not be less than one year at any one time.
re‑employment contract
“re‑employment contract” means a contract of service entered into between an eligible employee and an employer to re‑employ the eligible employee for the purposes of section 7A(1) or (3)(a)(i);
Despite subsection (6), where the period between —
the start of re‑employment under a re‑employment contract for an employee; and
the date on which the employee attains the employee’s prescribed re-employment age,is less than one year, the period of employment under the re‑employment contract may be for that shorter period.
[Deleted by Act 5 of 2017]
Despite any of the provisions of this Act, an eligible employee may retire or be retired, if he or she does not wish to be employed by his or her employer on or after the date the employee attains the specified age.
eligible employee
“eligible employee” means an employee who satisfies the re‑employment eligibility criteria set out in section 7(1);
An eligible employee who intends to retire must, insofar as is reasonably practicable, give written notice to his or her employer, within a reasonable period before the employee retires, stating his or her intention to do so.
The Minister may, by notification in the Gazette, specify the prescribed re-employment age applicable to any class of employees, which must be at least 67 years but not more than 70 years.