Enlistment Act 1970 · 2020 Revised Edition · Part 6 · Duty of Employer
21. Reinstatement of servicemen in employment
Feedback & supportLast amended by an amending law of 2018. 2 amendments in all.
Every employer, who has had in his employment a person subject to this Act for a continuous period of at least 6 months immediately preceding the date on which that person was ordered —
employer
“employer” means any person who employs another person under a contract of service and includes the person who owns or is carrying on or is for the time being responsible for the management of a profession, business, trade or work in which other persons are employed;
to report for or actually perform full‑time service, operationally ready national service or mobilised service; or
to report for mobilised service under section 73 or 97 of the Police Force Act 2004 or section 113(1)(a) of the Civil Defence Act 1986,shall reinstate that person in his employment at the termination of such service.
Notwithstanding subsection (1), where the person referred to in that subsection has been required to perform further operationally ready national service under section 118(17) of the Singapore Armed Forces Act 1972 the employer may, in his discretion, reinstate that person.
operationally ready national service
“operationally ready national service” means service under section 14;
Subsections (1) and (2) shall not apply to an employer if the person subject to this Act whom he has had in his employment was called up for full‑time service and would have remained in that employment only for an agreed definite or certain period of time had that person not been ordered to perform full‑time service.
person subject to this Act
“person subject to this Act” means a person who is a citizen of Singapore or a permanent resident thereof and who is not less than 16 years and 6 months of age and not more than 40 years of age or, in the case of a person who —(a)is an officer of the armed forces or a senior military expert; or(b)is skilled in an occupation which the Minister by notification in the Gazette designates as an occupation required to meet the needs of the armed forces,not more than 50 years of age;
Where a person subject to this Act is reinstated under subsection (1) or (2), the employer shall whenever practicable reinstate him in an occupation and under conditions not less favourable than those which would have been applicable to him had he not been in service.
Any employer who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both, and the court by which he is convicted may order the employer to pay to the person whom he has failed to reinstate a sum not exceeding an amount equal to 3 months’ remuneration at the rate at which remuneration was last payable to him by the employer.
In any proceedings under this section, it shall be a defence for the employer to prove that the person formerly employed by him did not, before the expiration of 3 months after termination of the service for which that person was called up, apply to the employer for reinstatement.