Human Resource Management in 20 Countries Research Paper

Retirement

Introduction

Within the context of human resource management regulations at a state level, the identification of the measures of appropriate retirement age is important. When defining the term ‘retirement age’ one might state that this is a specific age of a citizen, which is established by state authorities to indicate at what stage an employee becomes eligible for obtaining retirement benefits. The age when one can retire might differ depending on the state and factors. In particular, it depends on the demographics of a certain country, its labour force demand and supply, economic situation, health, culture, and other specific characteristics.

Saudi Arabia

The Kingdom of Saudi Arabia’s retirement age is legally regulated by the provisions of the Labor Organization Convention No. 100. Under this regulation, “the equality in the retirement age between men and women, which is (60) years old” is established in the state (Government of Saudi Arabia, 2021, para. 23).

UAE

Until recently, the retirement age in this country was 60 years. However, in 2020 it was increased by five years regardless of gender and now constitutes 65 years (UAE Labour Law, 2020, para. 45). It is addressed in Article 16 of the Pension Law of the state.

Sweden

The legislation does not specifically regulate the exact age of mandatory retirement. Instead, it is addressed that one can “apply for your income pension from the month you become 62 years of age at the earliest and there is no upper age limit” (Sweden – old-age pension, n. d., para. 11). However, it is stated that one has “the right to work until 68” (Sweden – old-age pension, n. d., para. 11).

Germany

In Germany, the national law regulates the retirement age, which changes with time. It is stated that “the regular old-age pension is payable from age 65 and six/ seven months” (Germany, 2019, p. 1). However, this indicator is increasing over time; “for those born in 1964 or later, the statutory retirement age will be 67” (Germany, 2019, p. 1). The retirement age is reviewed by the authorities to reflect the current labour supply and pension implications.

France

As informed by the French Social Security System (n. d.) in its third section, the retirement age is 62 years. In particular, “France’s statutory minimum retirement age is 62 for those born on or after January 1st, 1955” (The French Social Security System, n. d., para. 4).

Netherlands

Retirement and pension are regulated by the General Old Age Pension Act in Netherlands. According to this legislation, “in 2022, the statutory retirement age will be 66 years and 7 months, in 2023 66 years and 10 months, and in 2024 and 2025 it will be 67 years” (Employment, social affairs and inclusion, n. d., para. 4).

Russia

The age to retire in this country is different for men and women. In particular, in 2019, the law stated that “the normal retirement ages will increase by one year each year, from age 60 to 65 for men and from age 55 to 60 for women” (Russian Federation, 2019, p. 1).

United Kingdom

There is no retirement age specified by the United Kingdom’s legislation, which demonstrates the addressing of non-discrimination in labour force in the country.

Republic of Ireland

The age of retirement is specifically indicated in the Irish legislation; it is currently 66 years. It is stated that “legislation that progressively increases the Irish State pension age to 68 in 2028 has already been enacted” (Government of Ireland, n. d., p. 9).

United States of America

The Social Security legislation passed by Congress in 1983 regulates the retirement age, which is currently “66 years and 2 months for people born in 1955, and it will gradually rise to 67 for those born in 1960 or later” (National Academy of Social Insurance, 2022, para. 1). The age of retirement increases with the growth of life expectancy.

Canada

In Canada, the retirement age is established at the level of 65 years. However, there is a debate on the legality of mandatory retirement. According to Ontario Human Rights Commission (n. d.), “human rights legislation that permits mandatory retirement at age 65, have been the subject of several challenges under the Canadian Charter of Rights and Freedoms” (para. 10).

Mexico

Mandatory retirement in Mexico is imposed on employees who have reached 65 years of age. This age limit is applicable to both men and women and is regulated by the labour legislation (Mexico, 2019). The laws regulating the age of retirement are adjusted to the current demographic, economic, and labour force situation in the state.

Brazil

The age of retirement in Brazil is addressed in the Republic’s Constitution, Article 40, Paragraph II, Section II. It is stated that “the employees covered by the social security scheme set forth in this Article shall go into retirement (…) compulsorily, at seventy years of age” (Constitution of the Federative Republic of Brazil, 2010, p. 48). The supply of labour force and demographic situation influence the determination of retirement age in Brazil.

Japan

Retirement regulation in Japan is changing with the increase of the retirement age. According to Article 8 of the Act on Stabilization of Employment of Elderly Persons (2012), “the Mandatory Retirement Age must not be below 60 years of age” (para. 8). However, it is planned to increase it to 70 years.

South Korea

The retirement age at which individuals are eligible for pension is 62. According to the legislation, “the pension age is currently 62 with at least ten years of contributions” (Korea, 2019, p. 1).

China

Retirement age in China differs depending on the gender of the individuals. The legislation states that the “normal pension age is 60 years for men, 50 years for blue-collar women and 55 years for white-collar women” (China, 2019, p. 1).

India

On average, the retirement age in India is 60 years; however, it changes depending on the type of employment and profession performed by an individual. In particular, according to the legislation, there was an increase in the “age of retirement of Central Government employees from 58 years to 60 years” (Government of India, 1998, p. 1).

Singapore

In Singapore, the age of mandatory retirement for individuals has been 62 until recently proposed changes. The amendments to the Retirement and Re-employment Bill of 2021 impose that “recommendations to raise the retirement and re-employment ages to 65 and 70 respectively by 2030” (Ministry of Manpower, 2021, para, 6). Thus, the retirement age is planned to reach 65 years, which is validated by the increase of life expectancy level in the state.

South Africa

The age of retirement is not addressed in the constitution; instead, it is regulated by the laws of employment that necessitate establishing retirement age by employees. However, the age for retirement is “between 60 and 65 years but an employee cannot be forced to retire unless their employment contract specifies the retirement age” (CHRO South Africa, 2021, para. 4).

Australia

The retirement age in Australia is not defined as the state does not tolerate compulsory retirement for employees other than judges. In Article 72 of the Constitution, it is stated that the Parliament fixes “an age that is less than seventy years as the maximum age for Justices of a court created by the Parliament” (Australia’s Constitution, 2010, p. 20).

Conclusion

In summation, the conducted research of the age of retirement in the twenty countries demonstrates that on average, people retire at the age of 60 or 65 years. However, some states have mandatory retirement and strict regulations, while others do not impose significant restrictions. A higher level of life expectancy is associated with older retirement; at the same time, the countries that seek economic development by means of extending labour eligibility increase retirement age. In such a manner, retirement age is indicative of the labour force of the country, its economic development, demographics, and social security concerns.

The Legal Age to Work and Child Work

Introduction

An important constituent of labour legislation is the legal age to work. This concept implies the minimum age a citizen of a state must obtain to be legally allowed to be employed and paid for work. Within this context, the discussion of child work is relevant; it is the term that implies labour performed by children whose well-being is hindered due to work. Legal age to work was first introduced by the Minimum Age Convention in 1921 that specified that nations should restrict labour by individuals younger than 15 years, with some exceptions for 14 years (International Labor Organization, 2012). International human rights organisations and the bodies protecting child well-being stand against child work. Overall, in the majority of countries, the legal age-to-work laws and child labour laws are the same since they impose restrictions for the minimum age an individual can work.

Saudi Arabia

The state does not tolerate child work, which is implied in its human rights regulations (Government of Saudi Arabia, 2021). The minimum age for employment is 18 years, which indicates that only adults might be employed in the Kingdom of Saudi Arabia.

UAE

In the UAE, the legal age to work is established at 15 years. Chapter II, Article 20 of the Labour Law states that “youth of both genders under the age of fifteen may not be employed” (UAE Labour Law, 2020, para. 45). The issue of child labour is implied in this provision, thus making it illegal for employing individuals younger than 15 years.

Sweden

The legal age to work in Sweden is 13 if a teenager works with parents’ permission to perform light work for limited hours. The individuals aged 14 years may only work for restricted hours however without parents’ permission (Work rules for under 18 years, n. d.). Thus, child work is addressed in the same legislation, where it is implied that children younger than 13 years are not allowed to work.

Germany

Child employment in Germany is not allowed and is restricted by law. However, as for the legal age to work, the prohibition for employment “does not apply to the employment of children over the age of 13 with the consent of the legal guardian” (Law for the Protection of Working Youth, n. d.). Moreover, Section 5 of the law indicates that it must be easy work relevant to the age of a young employee.

France

The legal age to work in France is 16 years, which is regulated by the protection of youth employment legislation. In particular, the law holds that “Minors are allowed to work from 16 years of age with parental consent” (Children and Youth Protection in France, n. d., para. 59). Child work is not legal, which is implied in the law regulating minimum employment age.

Netherlands

The minimum age of employment is 16 years, which necessitates easy work for restricted hours. The individuals aged 16 are allowed to work but without overtime and with the restriction of threatening professions (Employment, social affairs and inclusion, n. d.).

Russia

Child labour in the Russian Federation is restricted by law with the exclusion of theatrical work performed by minors. The legal age to work is 16 years old, which reflects the overall national prevalence.

United Kingdom

Child work is restricted; teenager work is regulated under the law, which states that “the youngest age a child can work part-time is 13” (Government of the UK, n. d., para. 1). Moreover, full-time job might only be attended by 16-year olds “once they’ve reached the minimum school leaving age – they can then work up to a maximum of 40 hours a week” (Government of the UK, n. d., para. 4)

Republic of Ireland

According to the Protection of Young Persons (Employment) Act (1996) in Ireland, young persons (aged 16 years) can be legally employed for light work. However, “an employer may employ a child who is over the age of 14 years to do light work during any period outside the school term” (Protection of Young Persons (Employment) Act, 1996, p. 6).

United States of America

The minimum legal age to work in the USA is 14 years with restrictions for the type of work and the number of hours. The Fair Labour Standards Act regulates child employment and restricts full-time employment for individuals younger than 16 years (US Department of Labour, n. d.a).

Canada

The minimum age for employment in Canada is 16 years. Child work is not allowed; the restrictions on the types of work that young individuals can perform are imposed to protect child rights. The minimum employment age has been recently increased, which is illustrated by the legislation. Indeed, the authorities attempted to “protect young people at work by raising the general working age in British Columbia from 12 to 16” (New rules protect young workers (2021). In such a manner, the increase in the minimum age for employment ensures better protection of the human rights of children with proper attention to their well-being and harm reduction in the work environment.

Mexico

The legal age to work in Mexico is established between 14 and 16 years. Child labour is prohibited and regulated by law; the state “has ratified all key international conventions concerning child labour” (US Department of Labour, n. d.b, para. 3). Significant advancement in the legal domain in relation to child labour regulations improves the overall state of employment law in Mexico.

Brazil

The legal age to work is addressed in the Constitution, Article 7, Section XXXIII. The law articulates “prohibition of (…) any work for minors under sixteen years of age, except as an apprentice, for minors above fourteen years of age” (Constitution of the Federative Republic of Brazil, 2010, p. 22).

Japan

The Constitution of Japan restricts child labour in Article 27, Paragraph 3. It is stated that “children under 15 full years must not be employed, except for those working for motion picture production and theatrical performances” (International Labour Law Organisation, n. d., para. 40).

South Korea

Child labour is restricted and specifically addressed in the legislation protecting children’s rights. The laws “permit the employment or work of persons 13 to 15 years of age on light work” (Laws governing exploitative child labour report, n. d., p. 3).

China

Child labour is not allowed under Chinese legislation, which restricts employment of minors. According to Article 38 of the Law on the Protection of Minors (2007) “no organization or individual may hire any minor under the age of sixteen, except where otherwise prescribed by the State” (para. 63).

India

Child labour is restricted by the Constitution of India, which protects the human rights of children in the state. As stated in Article 24 of the Constitution, “No child below the age of 14 years shall be employed in work in any factory or mine or engaged in any other hazardous employment” (Children and work, n. d., p. 1). Thus, the same law addresses the issues of minimum employment age and child work in India.

Singapore

The legislation of Singapore strictly regulates the employment opportunities for minors imposing restrictions for individuals who have not reached the age of 13. According to the provisions of the Ministry of Manpower, “Children aged 13 to less than 15 years” can be employed for light duties in non-industrial settings (Ministry of Manpower, n. d. para. 4). As for “young persons aged 15 to less than 16 years,” they are permitted to work in non-industrial settings (Ministry of Manpower, n. d. para. 5). Thus, the minimum legal age to work is 16 years, with exceptions for children.

South Africa

Constitution or labour laws do not impose restrictions on the legal age to work in South Africa. Such a lack of the establishment of the legal age to work implies concerns with child work since, without legal age restrictions, children might be involved in labour practices.

Australia

There is no minimum age to work indicated in the Constitution of Australia. However, the law affords each state to pass its own limitations as per the minimum age and child work regulations (Australia’s Constitution, 2010).

Conclusion

In summary, the research on the legal age to work and child labour in the twenty countries has demonstrated that the legislation in the majority of countries is the same for minimum age and minors’ work. Overall, the average legal age to work across countries is 15 years with some exceptions for particular kinds of labour (such as apprentice) being reduced to 14 years. Thus, given the prevailing similarities, one might conclude that the child labour-related legislation and minimum legal age to work laws are consistent across nations.

References

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