South Africa Law
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I am 66 yrs old have worked for the same company for 26 years they have now informed me verbally that I must retire on February 28 2013. Firstly can they just give me notice verbally or do they have to give a letter before it is legal. Secondary can I apply for UIF payments. Thanks XXX X X XXXXXXXXXXX
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Eventually,everyone needs to stop working. Some people prefer to retire at an early agewhile others choose to work for as long as possible. Whatever your preference,you need to know what your rights and options are.
The labour legislation does notdeal directly with the issue of retirement age. However, it does say that noone may be unfairly discriminated against because of their age. This means thatthe employer and employee must agree on a retirement age.
There are three possiblesituations that you could find yourself in:
If you sign an employment contractthat stipulates a retirement age, then you can legally be required to retire atthat age. The organisation won't be required to give you notice.
If the retirement age is not inthe contract but is agreed or if there is an organisational norm, then theemployer can give you notice requiring you to retire at that age. The noticeperiod will be the same as the notice period for termination of employment setout in your contract of employment.
When would there be deemed to bean organisational norm? There is a general understanding that the "normal" retirement age is 55, 60 or 65 but this understanding is too vague to be useful in specific instances. Indications of the organisation'snorm can be found in:
If there is no mention of a retirement age in your contract and there is no organisational norm, then you can continue to work until you are unable to do your job properly. Your employer can only terminate your contract in accordance with the labour legislation (that is for misconduct, operational requirements or incompetence)and will have to follow the procedures set out in your contract and labour law.The courts have found that it is unfair discrimination for your employer to terminate your employment services just because of your age.
Meaning if no contract or norm you have to be retrenched and their for it starts with a letter.
In regards XXXXX XXXXX . Logically if you think about it early retirement - it is your own benefit you are creating whereas UIF is there to support people who are fired, maternity leave, contracts ended and if employees are bankrupt. If you retire because of age - you can claim from the pension fund.
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