Retirement and Re-employment Act 1993 · 2020 Revised Edition · Part 3 · Re-Employment of Eligible Employees
7B. Period of service under previous contract of service and under re-employment contract
Feedback & supportLast amended by an amending law of 2018. 2 amendments in all.
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.
contract of service
“contract of service” means any agreement, whether in writing or oral, express or implied, whereby one person agrees to employ another as an employee and that other agrees to serve his or her employer as an employee;
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 —
employee
“employee” means a person who has entered into or works under a contract of service with an employer;
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.
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).
employer
“employer” means a person who employs another person under a contract of service and includes —(a)the Government;(b)any statutory authority;(c)any duly authorised agent or manager of any employer; and(d)any person who owns or is carrying on, or for the time being responsible for the management or control of a profession, business, trade or work in which any employee is engaged;