Singapore legislation
Section 14L
Section 14L
Transfer of employees from National Heritage Board, etc.
(1)
On 28 March 20131 (referred to in this section as the transfer date), such categories of persons employed by the National Heritage Board immediately before that date in —1 Date of commencement of the Statutes (Miscellaneous Amendments) (No. 2) Act 2012 (Act 25 of 2012).(a)the National Archives; or
any oral history centre established by the National Heritage Board,as the Minister may determine shall be transferred to the service of the Board on terms no less favourable than those enjoyed by them immediately prior to their transfer.
(2)
Until such time as terms and conditions of service are drawn up by the Board, the scheme and terms and conditions of service in the National Heritage Board shall continue to apply to every person transferred to the service of the Board under subsection (1) as if he were still in the service of the National Heritage Board.
(3)
The terms and conditions of employment to be drawn up by the Board —
shall take into account the salaries and terms and conditions of service, including any accrued rights to leave, enjoyed by the persons transferred to the service of the Board under this section while in the employment of the National Heritage Board;
in the case of any such term or condition relating to the length of service with the Board, shall provide for the recognition of service under the National Heritage Board by the persons so transferred as service by them under the Board; and
shall not adversely affect the conditions that would have been applicable to persons transferred to the service of the Board as regards any pension, gratuity or allowance payable under the Pensions Act (Cap. 225).
(4)
All deeds, schemes, bonds, agreements, instruments and arrangements subsisting immediately before the transfer date to which the National Heritage Board is a party and relating to any person transferred to the service of the Board under subsection (1) shall continue in force on and after that date and shall be enforceable by or against the Board as if the Board had been named therein or had been a party thereto instead of the National Heritage Board.
(5)
Any proceedings or cause of action relating to any employee transferred to the service of the Board under subsection (1) pending or existing immediately before the transfer date by or against the National Heritage Board, or any person acting on its behalf, may be continued and shall be enforced by or against the Board.
(6)
Where on the transfer date —
any disciplinary proceedings were pending against any employee of the National Heritage Board transferred to the service of the Board under subsection (1), the proceedings shall be carried on and completed by the Board; and
any matter was in the course of being heard or investigated or had been heard or investigated by a committee of the National Heritage Board acting under due authority but no order, ruling or decision had been made thereon, the committee shall complete the hearing or investigation and shall make such order, ruling or direction as it could have made under the authority vested in it before that date.
(7)
Any order, ruling or direction made by such a committee pursuant to subsection (6) shall be treated as an order, a ruling or a direction of the Board and have the same force or effect as if it had been made by the Board pursuant to the authority vested in the Board under this Act.
(8)
The Board may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person transferred to the service of the Board under subsection (1) for any misconduct or neglect of duty committed before the transfer date which would have rendered him liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if he had continued to be in the employment of the National Heritage Board and if this Act had not been enacted.
(9)
For the avoidance of doubt, section 18A of the Employment Act (Cap. 91) shall not apply to the transfer under this section of any employee of the National Heritage Board to the Board.
(10)
Notwithstanding any other written law or any contract, no person who is transferred from the National Heritage Board to the service of the Board under subsection (1) shall be entitled to claim any benefit under that written law or contract for termination of his service on the ground of redundancy or abolition of his office in consequence of the transfer of the National Archives or any oral history centre from the National Heritage Board to the Board.
(11)
Except as otherwise provided in this section, nothing in subsection (1) shall prevent the terms and conditions of a transferred employee’s employment on or after the transfer date from being varied in accordance with those terms and conditions, or by or under any written law, or an award, a determination or an agreement; and “vary”, in relation to terms and conditions of service, includes omitting any of those terms and conditions, adding to those terms and conditions, or substituting new terms and conditions for any of those terms and conditions.
(12)
In every case where a person transferred to the service of the Board under this section is also a person transferred from the employment of the Government to the National Heritage Board under section 40 of the National Heritage Board Act (Cap. 196A), the Government and the National Heritage Board shall each be liable to pay the Board such portion of any gratuity, pension or allowance payable under the Pensions Act to such person on his retirement as the same shall bear to the proportion which the aggregate amount of his pensionable emoluments during his service with the Government and the National Heritage Board, respectively, bears to the aggregate amount of his pensionable emoluments during his total service under the Government, the National Heritage Board and the Board.