Clause 7

by deleting subsection (1) and substituting the following subsections:“(1) Section 7A does not apply if an employer (in this section called E1) is unable to re‑employ an eligible employee in accordance with section 7A because E1 is unable to find a vacancy in E1’s establishment that is suitable for the eligible employee, despite making reasonable attempts to do so in accordance with the tripartite guidelines, and —

E1 offers an employment assistance payment to the eligible employee; or

during the eligible employee’s employment with E1 —

another employer (in this section called E2) offers to employ the eligible employee in lieu of E1; and

the eligible employee accepts the offer.(1A) Subject to any modifications as may be prescribed, where subsection (1)(b) applies —

E1’s re‑employment obligations to the eligible employee are discharged immediately before the agreed date;

any reference to an employer in section 7A or 7B(3), or to E1 in subsection (1), includes a reference to E2 from that agreed date; and

E1’s re‑employment obligations towards the eligible employee survive any unlawful dismissal by E1 of the eligible employee before the agreed date, but to the extent provided in paragraphs (a) and (b).”;

by deleting the words “Notwithstanding subsection (1)” in subsection (2) and substituting the words “Despite subsection (1)(a)”;

by inserting, immediately after subsection (4), the following subsections:“(5) Without affecting section 7B, where E2 enters into a contract of service with an eligible employee in lieu of E1, any period for which the eligible employee has served under E1 before he commences his service with E2 is to be reckoned only for the purposes of —

computing the minimum period of 3 months for entitlement to annual leave under section 43(1) of the Employment Act (Cap. 91); and

determining the period of service of an employee for entitlement to paid sick leave under section 89(1) and (2) of the Employment Act.(6) A consent form signified by E1, E2 and the eligible employee in the prescribed form and manner is prima facie proof of the matters mentioned in subsection (1)(b).(7) To avoid doubt, the references to an eligible employee’s employer in Parts IV and V include references to E2, where applicable.”; and

by inserting, immediately after the words “Employment assistance payment” in the section heading, the words “or alternative employment”.