Singapore legislation

Section 9

Terms and conditions of service of transferred employees

(1)

Subject to the provisions of this section, nothing in section 8(1) shall prevent the terms and conditions of a transferred employee’s employment on or after the transfer date from being varied —

(a)

in accordance with those terms and conditions; or

(b)

by or under any written law, or an award, determination or agreement.

(2)

The terms and conditions of employment to be drawn up by the successor company 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 successor company under subsection (1) while in the employment of the Corporation, and any such term or condition relating to the length of service with the successor company shall provide for the recognition of service under the Corporation by the persons so transferred to be service by them under the successor company.

(3)

If —

(a)

a woman who was an employee of the Corporation immediately before the transfer date becomes an employee of the successor company under section 8; and

(b)

within 2 months after the transfer date, the woman would have been entitled to begin maternity leave granted under section 9 of the Children Development Co-Savings Act (Cap. 38A) if the Corporation had continued to exist and the woman had continued to be an employee of the Corporation,then, on and after the transfer date, the Children Development Co-Savings Act shall continue to apply to the woman in relation to the confinement in respect of which she would have been entitled to leave as if the Corporation continued to be her employer.

(4)

If —

(a)

immediately before the transfer date, a woman was an employee of the Corporation and was on maternity leave granted under section 9 of the Children Development Co-Savings Act;

(b)

the woman becomes an employee of the successor company under section 8; and

(c)

the woman would have been entitled to remain on that leave, after the transfer date, if the Corporation had continued to exist and the woman had continued to be employed by the Corporation,then, on and after the transfer date, the Children Development Co-Savings Act shall continue to apply to the woman in relation to the confinement in respect of which the leave was granted as if the Corporation continued to be her employer.

(5)

For the avoidance of doubt, section 18A of the Employment Act (Cap. 91) shall not apply to the transfer under this Part of any employee of the Corporation to the successor company.

(6)

In this section, “vary”, in relation to terms and conditions of service, includes —

(a)

omitting any of those terms and conditions;

(b)

adding to those terms and conditions; or

(c)

substituting new terms and conditions for any of those terms and conditions.

Read in full context — CISCO (Dissolution) Act →