Section 21

Every employer, who has had in his employment a person subject to this Act for a continuous period of at least 6 months immediately preceding the date on which that person was ordered —

Notwithstanding subsection (1), where the person referred to in that subsection has been required to perform further operationally ready national service under section 118(17) of the Singapore Armed Forces Act 1972 the employer may, in his discretion, reinstate that person.

Subsections (1) and (2) shall not apply to an employer if the person subject to this Act whom he has had in his employment was called up for full‑time service and would have remained in that employment only for an agreed definite or certain period of time had that person not been ordered to perform full‑time service.

Where a person subject to this Act is reinstated under subsection (1) or (2), the employer shall whenever practicable reinstate him in an occupation and under conditions not less favourable than those which would have been applicable to him had he not been in service.

Any employer who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both, and the court by which he is convicted may order the employer to pay to the person whom he has failed to reinstate a sum not exceeding an amount equal to 3 months’ remuneration at the rate at which remuneration was last payable to him by the employer.

In any proceedings under this section, it shall be a defence for the employer to prove that the person formerly employed by him did not, before the expiration of 3 months after termination of the service for which that person was called up, apply to the employer for reinstatement.