Extending the retirement age to sixty

By Dinesh Weerakkody 

The Prime Minister in the budget speech said Quote  “It cannot be justified to have two different ages for compulsory retirement for men and women. The compulsory retirement age for the public sector is 60 years, whereas it is 50 years for the private sector. It is further lower for females. Contrary to this, life expectancy for females is 76.6 years and life expectancy for males is 72 years.

Therefore, based on the life expectancy, it is proposed to amend the Employees’ Provident Fund Act to expand the retirement age for both men and women up to 60 years. I wish to also bring to your notice that at the time of the adoption of the Employees’ Provident Fund Act, life expectancy for females was as low as 57.5 years and life expectancy for males was 58.8 years.”Unquote 

There is no law currently on retirement age contained in the EPF and ETF Acts. In the gratuity Act the payment is made on cessation of employment if the employee has put in 5 years. This is available when the cessation of employment is for any cause. In the ETF Act at the end of a contract of employment an employee can withdraw his/her money in the fund, the only restriction is that you cannot withdraw your money except once every 5 years. 

Generally in the private sector retirement is in accordance with the letter of appointment or a collective agreement if one applies. There is no discrimination and men and women usually are expected to retire at 55 and some companies at 60. Where an employee wishes to continue and where the employer has work for the employee, the employee usually is happy to retire to take his EPF and ETF benefits and work again on a contract, which again entitles him to EPF and ETF as before. According to the Termination of Employment (Special Provisions) Act of 1971, as amended, if the letter of appointment or a collective agreement does not specify an age of retirement, to make this possible the Labour Commissioner has to give his approval . There is no law as such according to a labour law specialist that governs the retirement of private sector employees. 

Labour Shortage

The shortage of labour in the factories is due to the fact that female employees wish to merely become eligible for gratuity and then take this money and go back to the villages. When they get married they also withdraw their EPF and ETF as well. Most female employees do not wish to remain till 60 years in the factories. Even now a female may work till 60 years and take her EPF at that age if the employer wishes to continue the employee till 60 years. It may perhaps be correct that when a lower age was fixed for women to access their funds, it was assumed that the group of women who were kept in mind were the manual worker class and 50 was a reasonable age at which they could opt to retire and stay at home given the heavy nature of their work. However there was nothing in a contract of employment which made retirement at 50 compulsory for females and they could have continued if they wished.