what is the legally required retirement age?
The Basic Conditions of Employment Act does not prescribe an age at which employees should retire. Labour legislation is silent on determining the retirement age. Could it be 55, 60 or 65? It is therefore up to the employer to prescribe the retirement age for its employees with the best and safest course of action, having a formal retirement policy in place, and a written agreement with every employee specifying a compulsory retirement date.
Agreement with employer on retirement age, or company norm
If retirement age is not stipulated in your contract, but it has been agreed, and there is a company norm, then the employer is well within their rights to give you a notice period, which will equal that of a notice period for termination of employment, as set out in your employment contract. A company or organisational norm will generally be found in the company policy or in the rules of the provident or pension fund rules pertaining to the company.
No agreement and no mention of retirement in your contract
What now? No mention of a retirement age in your agreement or contract, and there is no company or organisational norm? The courts have found that it is unfair discrimination for your services to be terminated, purely because of your age. You should be able to continue to work until such time as it is proven that you are unable to do your job properly. Terminated contracts have to be in line with labour legislation i.e. due to misconduct, operational requirements or incompetence.
Unfair treatment
If you believe that you have been unfairly treated by your employer, then you can lodge a complaint with the CCMA which ensures that all employees are treated fairly. Other than time, it costs you nothing to lodge a complaint and you don’t need to incur any legal costs.
Working post-retirement age
It is in the best interests of the employer and the employee to clearly define and record the terms of employment after retirement age has come and gone. Issues like how long the employee can work for, and what notice period is required regarding termination of employment need to be laid out in an extended employment contract.
Older Person’s Grant
Social grants are administered by the South African Social Security Agency (Sassa). This does include the Older Person’s Grant. Social grants in South Africa are currently ‘means tested’. The means test is the process of assessing the value of your assets and income. You will only be eligible for a grant if your income and assets fall below a certain threshold.
For further information on the Older Person’s Grant, please click here.