Singapore legislation

Section 27

of Requisition of Resources Act 1985

Section 27

Compensation in respect of requisition of services

(1)

The compensation payable under this Act in respect of the requisition of any services must be in accordance with this section.

(2)

Where the person from whom any service has been requisitioned —

(a)

is employed under a contract of service — he or she must be paid the rate of remuneration payable to him or her under that contract on the day immediately preceding the date of the requisition of the person’s service;

(b)

is a self-employed person — he or she must be paid such remuneration as would have been derived from the employment had the person’s service had not been requisitioned;

(c)

is unemployed on the day the person’s service was requisitioned — he or she must be paid such reasonable remuneration as may be fixed by the competent authority; or

(d)

is an undertaking — that undertaking must be paid such reasonable remuneration as may be fixed by the competent authority.

(3)

In computing the remuneration under subsection (2)(a), the competent authority may disregard any allowances, ex gratia payments or other benefits claimed by the person whose service has been requisitioned unless the competent authority is satisfied that such allowances, ex gratia payments and other benefits had been paid to or enjoyed by the person for a period of 6 months immediately before the date of the requisition of the person’s service.

(4)

No compensation is payable to any person under subsection (2)(a) or (b), where the contract of service of the person would have been terminated by reason of any emergency or war operations, or where the self‑employed person would not have derived or be expected to derive any income by reason of any disaster or war operations; and in any such event, the person must be paid a remuneration in accordance with subsection (2)(c).

(5)

In computing the remuneration under subsection (2)(d), the competent authority must have regard to the following:

(a)

the expenses incurred by the undertaking in providing the service; (b)the profits that might reasonably be expected to be made by an undertaking in providing the service,and no account is to be taken in respect of paragraph (a) of any appreciation in the value of the services or products due to a disaster or war operations.

(6)

In this section, “service” includes any work carried out or performed for the competent authority.