Singapore legislation
Clause 68
Clause 68
General preservation of employment terms
(1)
The service with the Agency of an SWDA employee transferred under section 67 (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 Singapore Workforce Development Agency immediately before the transfer date.
(2)
On the transfer date —
a transferred employee retains all accrued rights as if employment with the Agency were a continuation of employment with the Singapore Workforce Development Agency; (b)the liabilities of the Singapore Workforce Development Agency relating to the transferred employee’s accrued rights to annual, sick, maternity or other leave and superannuation become the liabilities of the Agency; and
a reference to the Singapore Workforce Development Agency 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 Agency.
(3)
For any conduct whilst a transferred employee was employed by the Singapore Workforce Development Agency which would have rendered the employee liable to be reprimanded, reduced in rank, retired, dismissed or punished by the Singapore Workforce Development Agency, the Agency may —
carry on and complete any disciplinary proceedings started by the Singapore Workforce Development Agency 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 whilst employed by the Singapore Workforce Development Agency —
was in the course of being heard or investigated by a transferor’s committee acting under due authority; or (b)had been heard or investigated by a committee of the Singapore Workforce Development Agency 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 Agency.
(5)
Until such time as conditions of employment are drawn up by the Agency for the transferred employees, every transferred employee is to be regarded as being employed by the Agency on the same conditions of employment applicable to the employee on the eve of the transfer date as the Singapore Workforce Development Agency.
(6)
Any condition of employment relating to the length of service with the Agency must recognise the length of service of the employees so transferred while in the employment of the Singapore Workforce Development Agency (including any previous service of the employee taken to be service with the Singapore Workforce Development Agency) to be service with the Agency.
(7)
Neither the chief executive of the CPE nor the chief executive of the SWDA is by operation of this Part transferred to the position of Chief Executive of the Agency unless the Agency appoints him or her to that position under section 38.
(8)
Nothing in section 67(6) —
breaks the continuity of service of the public officer whose secondment continues with the Agency because of that provision; or (b)affects any rights, powers or immunities that such a public officer has, or the extent to which such a public officer is subject to obligations or liabilities in relation to discipline, by virtue of holding the office or position to which the officer is seconded.