Best of Johannesburg

Can Your Boss Force You to Retire? Know Your Rights in 2025 South Africa

Published

3 days ago

September 1, 2025

Chiraag

compassionate workplace, fair retirement rights, Joburg employee benefits, retirement age clarity, age friendly policies, Joburg ETC

Can They Really Make You Retire?

You’re in your fifties, maybe sixties, doing your thing at work, and then comes that whisper: “Time to retire.” So, can your employer actually force you out? Short answer: not unless they’ve dotted the legal i’s and crossed the t’s.

It’s All About What’s In Writing

In South Africa, there’s no magic retirement age stamped in national law. That means unless your contract or company policy explicitly states a retirement age, or there’s a well-established “normal” age for your sector, being shown the door purely because of age is automatically unfair. This is under both the Labour Relations Act and Employment Equity Act, which guard against age discrimination.

Judges have long said the only exceptions are an agreed or normal retirement age for your role. If neither exists, you can’t just be asked to leave because you’ve had another birthday.

The Legal Minefield That Is Working Beyond Retirement

What happens if you’ve reached that agreed age but kept working anyway? Up until late 2024, the law said unfussy employers could still dismiss you based on age at any time after reaching retirement, provided that was the only reason. But the Constitutional Court threw a legal spanner in the works in December 2024 with three conflicting judgments. One said you can only be dismissed on the actual retirement date or at month‑end; another suggested a “reasonable period” afterward might still count; the third stuck with the older rule, dismissal at any time remains okay.

No majority ruling means uncertainty reigns. Practically this means employers in 2025 must tread carefully and get agreements in writing when you’re going past retirement, or risk a legal runaround.

Your Game Plan If You’re Concerned

Read your contract closely. It needs to state your retirement age clearly. If it doesn’t, you’re on solid ground.
Don’t keep working past that age without a written agreement. An extension or new end date needs to be spelled out, ideally in a new contract or addendum.
Feel free to negotiate. If you’re vital to the team or have niche skills, ask for a fixed‑term contract or consultancy gig that outlines a clear end.
Keep records. Every memo, email, and handshake agreement: document them. If challenged, you’ll want proof you didn’t agree to just walk out.
Get advice. The law’s in flux right now; a labour law pro or the CCMA can help you map out your next steps.

Why This Matters in Joburg and Beyond

We’re in the City of Gold, where age and experience count, but so does fairness. Many who’ve worked through economic challenges or skill gaps are still going strong well past 60. For employers, that means balancing respect for lifelong employees with welcoming younger talent. And with no one-size-fits-all retirement age, each case ends up highly individual.

Workers are talking about “unretirement” on X and Facebook, continuing careers into their late 60s or even 70s. Meanwhile, HR teams are scrambling to update agreements so they’re not caught off guard if someone stays a year or two longer.

The Bottom Line

No contract or sector-standard retirement age, no forced retirement. If there is one, your dismissal must match what’s agreed or what your job normally expects. If you keep working past that, only a fresh, written agreement backs a lawful exit. And right now the law is up in the air, so both employees and employers would do well to stay smart, fair, and well-documented.