Section 7C
Employment assistance payment or alternative employment
of Retirement and Re-employment Act 1993
(1)
Section 7A does not apply if an employer (called in this section E1) is unable to re‑employ an eligible employee in accordance with section 7A because E1 is unable to find a vacancy in E1’s establishment that is suitable for the eligible employee, despite making reasonable attempts to do so in accordance with the tripartite guidelines, and —
E1 offers an employment assistance payment to the eligible employee; or
during the eligible employee’s employment with E1 —
another employer (called in this section E2) offers to employ the eligible employee in lieu of E1; and
the eligible employee accepts the offer.
(2)
Subject to any modifications as may be prescribed, where subsection (1)(b) applies —
E1’s re‑employment obligations to the eligible employee are discharged immediately before the agreed date;
any reference to an employer in section 7A or 7B(3), or to E1 in subsection (1), includes a reference to E2 from that agreed date; and
E1’s re‑employment obligations towards the eligible employee survive any unlawful dismissal by E1 of the eligible employee before the agreed date, but to the extent provided in paragraphs (a) and (b).
(3)
Despite subsection (1)(a), an employer is not required to offer any employment assistance payment to an eligible employee who informs his or her employer of the employee’s decision not to continue to be employed by that employer on or after the date the employee attains the specified age.
(4)
Subject to subsection (5), the employment assistance payment is —
a single lump sum payment paid by an employer by the last day of employment of the eligible employee; or
other mutually agreed arrangements.
(5)
In determining the amount of employment assistance payment to be paid under this section, an employer must take into account the tripartite guidelines.
(6)
Without affecting section 7B, where E2 enters into a contract of service with an eligible employee in lieu of E1, any period for which the eligible employee has served under E1 before he or she commences his or her service with E2 is to be reckoned only 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.
(7)
A consent form signified by E1, E2 and the eligible employee in the prescribed form and manner is prima facie proof of the matters mentioned in subsection (1)(b).
(8)
To avoid doubt, the references to an eligible employee’s employer in Parts 4 and 5 include references to E2, where applicable.