Singapore legislation
Clause 29
Clause 29
Service rights, etc., of transferred employees to be preserved
(1)
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 section 28 while in the employment of the Authority, 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 Authority by the persons so transferred to be service by them under the successor company.
(2)
If —
a woman who was an employee of the Authority immediately before the transfer date becomes an employee of the successor company under section 28; and
the day of her confinement is less than 90 days after the transfer date,then, on and after the transfer date, the woman shall be entitled to, or to continue to, be absent from work in relation to that confinement under section 9 of the Children Development Co-Savings Act (Cap. 38A) or section 76 of the Employment Act (Cap. 91) as may be applicable to her as if the Authority continued to be her employer.
(3)
If —
immediately before the transfer date, a woman was an employee of the Authority and was absent from work under section 9 of the Children Development Co-Savings Act or section 76 of the Employment Act or both;
the woman becomes an employee of the successor company under section 28; and
the woman would have been entitled to remain absent from work, after the transfer date, if the woman had continued to be an employee of the Authority,then, on and after the transfer date, the woman shall continue to be so entitled to be absent from work under either or both of those Acts as if the Authority continued to be her employer.
(4)
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 Authority to the successor company.
(5)
Except as otherwise provided in this section, nothing in section 28(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.
(6)
In this section, “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.