Singapore legislation

Clause 27

of Requisition of Resources Bill

Clause 27

Compensation in respect of the requisition of services

(1)

The compensation payable under this Act in respect of the requisition of any services shall be in accordance with this section.

(2)

Where the person from whom any service had been requisitioned —

(a)

is employed under a contract of service, he shall be paid the rate of remuneration payable to him under that contract on the day immediately preceding the date of the requisition of his service;

(b)

is a self-employed person, he shall be paid such remuneration as would have been derived from the employment had his service had not been requisitioned;

(c)

is unemployed on the day his service was requisitioned, he shall be paid such reasonable remuneration as may be fixed by the competent authority; or

(d)

is an undertaking, that undertaking shall be paid such reasonable remuneration as may be fixed by the competent authority.

(3)

In computing the remuneration under subsection (2)(a), the competent authority may disregard any allowances, ex gratia payments or other benefits claimed by the person whose service had been requisitioned unless he is satisfied that such allowances, ex gratia payments and other benefits, had been paid to or enjoyed by the person for a period of 6 months immediately before the date of the requisition of his service.

(4)

No compensation shall be payable to any person under subsection (2)(a) or (b), where the contract of service of the person would have been terminated by reason of any emergency or war operations, or where the self-employed person would not have derived or be expected to derive any income by reason of any disaster or war operations; and in any such event, the person shall be paid a remuneration in accordance with subsection (2)(c).

(5)

In computing the remuneration under subsection (2)(d), the competent authority shall have regard to the following:

(a)

the expenses incurred by the undertaking in providing the service; and

(b)

the profits that might reasonably be expected to be made by an undertaking in providing the service,and no account shall be taken in respect of paragraph (a) of any appreciation in the value of the services or products due to a disaster or war operations.

(6)

In this section, “service” includes any work carried out or performed for the competent authority.