Singapore legislation
Section 26
Section 26
General preservation of employment terms
(1)
The service with the transferor of an employee transferred under section 25 (called in this section a transferred employee) must be regarded for all purposes as having been continuous with the service of the employee with the Board immediately before the transfer date.
(2)
On the transfer date —
a transferred employee retains all accrued rights as if employment with the Board were a continuation of employment with the transferor;
the liabilities of the transferor relating to the transferred employee’s accrued rights to leave and superannuation become the liabilities of the Board; and
a reference to the transferor in the contract of employment that had effect in relation to the transferred employee immediately before the transfer date is taken to be, or includes, a reference to the Board.
(3)
For any conduct of a transferred employee when he or she was employed by the transferor which would have rendered the employee liable to be reprimanded, reduced in rank, retired, dismissed or punished by the transferor, the Board may —
start any disciplinary proceedings against the employee;
carry on and complete any disciplinary proceedings started by the transferor against the transferred employee if those proceedings are pending on the eve of the transfer date; and
reprimand, reduce in rank, retire, dismiss or otherwise punish a transferred employee, as if the employee were not transferred.
(4)
Where, on the eve of the transfer date, any matter about the conduct of a transferred employee during his or her employment with the transferor —
was in the course of being heard or investigated by a committee of the transferor acting under due authority; or
had been heard or investigated by a committee of the transferor acting under due authority but no order, ruling or direction had been made,that committee must complete the hearing or investigation and make such order, ruling or direction as it could have made under the authority vested in it before that date, and that order, ruling or direction is to be regarded as an order, ruling or direction of the Board.
(5)
Until such time as conditions of employment are drawn up by the Board for a transferred employee, the transferred employee is to be regarded as being employed by the Board on the same conditions of his or her employment with the transferor on the eve of the transfer date.
(6)
Any condition of employment relating to the length of service with the Board must recognise the length of service of the employees so transferred while in the employment of the transferor (including any previous service of the employee taken to be service with the transferor) to be service with the Board.
(7)
Nothing in section 25(6) —
breaks the continuity of service of the public officer or employee of another public authority whose secondment continues with the Board because of that provision; or
affects any rights, powers or immunities that such a public officer or an employee of a public authority has, or the extent to which such a public officer or an employee (as the case may be) is subject to obligations or liabilities in relation to discipline, by virtue of holding the office or position to which the officer or employee is seconded.