Singapore legislation
Clause 85
Clause 85
General preservation of employment terms, etc.
(1)
When an employee of a transferor is transferred to the service of the Authority under section 84(1) (called in this section a transferred employee), the transferred employee’s service with the Authority must be regarded for all purposes as having been continuous with his or her service with that transferor immediately before the transfer date.
(2)
On the transfer date —
a transferred employee retains all accrued rights as if his or her employment with the Authority were a continuation of employment with that transferor;
the liabilities of that transferor relating to the transferred employee’s accrued rights to annual, sick, maternity or other leave and superannuation become the liabilities of the Authority; and
a reference 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 Authority.
(3)
Until such time as the Authority draws up the terms and conditions of employment for the transferred employee, the Authority is to be regarded as employing the transferred employee on the same terms and conditions of his or her employment with that transferor on the eve of the transfer date.
(4)
Any term or condition of employment drawn up by the Authority relating to the length of service of the transferred employee with the Authority must recognise the length of service of that employee with that transferor (including any previous service of that employee taken to be service with that transferor) to be service with the Authority.
(5)
For any conduct of the transferred employee when he or she was employed by that transferor which would have rendered that employee liable to be reprimanded, reduced in rank, retired, dismissed or punished by that transferor, the Authority may —
start any disciplinary proceedings against that employee;
carry on and complete any disciplinary proceedings started by that transferor against that employee if those proceedings are pending on the eve of the transfer date; and
reprimand, reduce in rank, retire, dismiss or otherwise punish that employee as if that employee were not transferred and this Act had not been enacted.
(6)
Where, on the eve of the transfer date, any matter about the conduct of the transferred employee during his or her employment with that transferor concerned —
was in the course of being heard or investigated by a committee of that transferor acting under due authority; or
had been heard or investigated, but no order, ruling or direction had been made, by that committee,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 Authority.