Section 39
General preservation of employment terms
of Jurong Town Corporation Act 1968
(1)
The service with the Corporation of an employee transferred under section 38 (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 transferor immediately before the transfer date.
(2)
On the transfer date —
a transferred employee retains all accrued rights as if employment with the Corporation were a continuation of employment with the transferor;
the liabilities of the transferor relating to the transferred employee’s accrued rights to annual, sick, maternity or other leave and superannuation become the liabilities of the Corporation; 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 Corporation.
(3)
For any conduct while a transferred employee was employed by the transferor which would have rendered the employee liable to be reprimanded, reduced in rank, retired, dismissed or punished by the transferor, the Corporation may —
start any disciplinary proceedings against that employee;
carry on and complete any disciplinary proceedings started by the transferor 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 while employed by the transferor —
was in the course of being heard or investigated by a committee of the transferor acting under due authority; or
had been heard or investigated by a committee of the transferor 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 Corporation.
(5)
Until conditions of employment are drawn up by the Corporation for the transferred employees, every transferred employee is to be regarded as being employed by the Corporation on the same conditions of employment applicable to the employee on the eve of the transfer date as the transferor.
(6)
Any condition of employment relating to the length of service with the Corporation must recognise the length of service of the employees so transferred while in the employment of the transferor (including any previous service of the employees taken to be service with the transferor) to be service with the Corporation.