Section 7B
Period of service under previous contract of service and under re-employment contract
of Retirement and Re-employment Act 1993
(1)
Unless otherwise agreed by the parties to a contract of service, and subject to subsections (2) and (3), when a re‑employment contract is entered into between an employer and an employee of the employer pursuant to section 7A(4), then for the purposes of determining any right, privilege, obligation or liability to be acquired, accrued or incurred by the employee under the employee’s re‑employment contract, any period for which the employee has served under his or her employer under the previous contract of service before the employee commences his or her service under the re‑employment contract is disregarded.
(2)
Any period for which an employee has served under his or her employer before the employee commences his or her service under the re‑employment contract entered into pursuant to section 7A(4) is to be reckoned for the purposes of —
computing the minimum period of 3 months for entitlement to annual leave under section 88A(1) of the Employment Act 1968; 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 1968.
(3)
An employee’s continuity of employment under re‑employment is not broken if his or her employer re‑employs or renews the re‑employment of the employee in accordance with section 7A(4).