PART 6 | Reinstatement of servicemen in employment |
21.—(1) Every employer, who has had in his employment a person subject to this Act for a continuous period of at least 6 months immediately preceding the date on which that person was ordered —| (a) | to report for or actually perform full‑time service, operationally ready national service or mobilised service; or | | (b) | to report for mobilised service under section 73 or 97 of the Police Force Act 2004 or section 113(1)(a) of the Civil Defence Act 1986, |
| shall reinstate that person in his employment at the termination of such service. |
[24/2004; 53/2018] | (2) Notwithstanding subsection (1), where the person referred to in that subsection has been required to perform further operationally ready national service under section 118(17) of the Singapore Armed Forces Act 1972 the employer may, in his discretion, reinstate that person. |
| (3) Subsections (1) and (2) shall not apply to an employer if the person subject to this Act whom he has had in his employment was called up for full‑time service and would have remained in that employment only for an agreed definite or certain period of time had that person not been ordered to perform full‑time service. |
| (4) Where a person subject to this Act is reinstated under subsection (1) or (2), the employer shall whenever practicable reinstate him in an occupation and under conditions not less favourable than those which would have been applicable to him had he not been in service. |
| (5) Any employer who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both, and the court by which he is convicted may order the employer to pay to the person whom he has failed to reinstate a sum not exceeding an amount equal to 3 months’ remuneration at the rate at which remuneration was last payable to him by the employer. |
| (6) In any proceedings under this section, it shall be a defence for the employer to prove that the person formerly employed by him did not, before the expiration of 3 months after termination of the service for which that person was called up, apply to the employer for reinstatement. |
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| Prohibition against dismissal |
22.—(1) No employer shall dismiss a person subject to this Act solely or mainly by reason of any duty or liability which that person is, or may become, liable to perform or discharge by reason of his being, or being liable to be, called up for —| (a) | service under this Act; | | (b) | mobilised service under section 73 of the Police Force Act 2004 or section 113(1)(a) of the Civil Defence Act 1986; or | | (c) | voluntary service in the Singapore Armed Forces, [Act 10 of 2024 wef 01/05/2024] |
| (d) | has assumed duty or liability in connection with additional operationally ready national service under a punishment imposed by a court under section 118(17) of the Singapore Armed Forces Act 1972; or | | (e) | is called up for full‑time service and is employed only for an agreed definite or certain period of time. [24/2004; 53/2018] |
| (2) An employer may, in his discretion, dismiss any person to whom subsection (1)(d) or (e) applies. |
| (3) For the purpose of this section where any duty or liability of service under this Act caused or contributed to the dismissal of a person subject to this Act, he shall be deemed to have been dismissed by reason of that duty or liability, unless the employer proves that the dismissal was for a reason unconnected therewith. |
| (4) Any employer who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both, and the court by which he is convicted may order the employer to pay to the dismissed person as compensation a sum not exceeding an amount equal to 3 months’ remuneration at the rate at which remuneration was last payable to him by the employer. |
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23.—(1) The employer of a person required to report for —| (a) | national service; | | (b) | mobilised service under section 73 of the Police Force Act 2004 or section 113(1)(a) of the Civil Defence Act 1986; or | | (c) | voluntary service in the Singapore Armed Forces, [Act 10 of 2024 wef 01/05/2024] |
| shall grant that person leave of absence during his period of service. |
[24/2004; 53/2018] | (2) Any person who contravenes this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both. |
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| Loss of civilian remuneration |
24.—(1) Subject to such conditions, restrictions or limitations as the Minister may by regulations provide, a person who is performing any —| (a) | [Deleted by Act 10 of 2024 wef 01/05/2024] | | (b) | operationally ready national service under section 14(1)(b); [Act 10 of 2024 wef 01/05/2024] | | (c) | voluntary service in the Singapore Armed Forces; or [Act 10 of 2024 wef 01/05/2024] | | (d) | mobilised service, |
| and who, immediately prior to the performance of such service, was or is — |
| (e) | self‑employed; | | (f) | self‑employed as well as gainfully employed under a contract of service; or | | (g) | gainfully employed by one or more employers, |
| shall be entitled to claim reimbursement of an amount by which his civilian remuneration is reduced as a result of being required to perform such service, less any service remuneration to which he is entitled in respect of that service. |
[Act 10 of 2024 wef 01/05/2024] | (2) The designated authority may pay the claims under subsection (1) from moneys to be provided by Parliament. |
| (3) If a dispute arises between the designated authority and a person subject to this Act as to the amount that such person may claim by way of reimbursement under subsection (1), the matter shall be referred to the Minister whose decision shall be final. |
(4) Where a person subject to this Act is required to perform further operationally ready national service under section 118(17) of the Singapore Armed Forces Act 1972, his employer shall, subject to subsection (5), be liable to pay that person at a rate equal to his usual rate of civilian remuneration, less the amount of any remuneration due to him in respect of such further operationally ready national service, except that —| (a) | where that person is gainfully employed under a contract of service by 2 or more employers — each of the employers concerned shall be liable to pay the difference between his civilian remuneration and his service remuneration in the proportion that the civilian remuneration paid by each of the employers bears to the total civilian remuneration that the operationally ready national serviceman receives from all his employers; or | | (b) | where that person is self-employed as well as gainfully employed under a contract of service — his employer shall only be liable to pay the difference between his civilian remuneration and his service remuneration in the proportion that the civilian remuneration paid by his employer bears to his total civilian remuneration. |
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| (5) An employer who has paid any sum under subsection (4) shall not be entitled to claim reimbursement thereof from the designated authority. |
(6) Where under the Central Provident Fund Act 1953 an employer pays contributions in respect of his employee, the employer shall continue to pay the same amount of contributions and at the same rate notwithstanding that his employee is performing —| (a) | any service under section 14 of this Act or section 118(17) of the Singapore Armed Forces Act 1972, unless the employee has been dismissed under section 22 of this Act on account of his further service under section 118(17) of the Singapore Armed Forces Act 1972; | | (b) | any voluntary service in the Singapore Armed Forces; or [Act 10 of 2024 wef 01/05/2024] | | (c) | any mobilised service. |
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(7) In this section and section 25 —“civilian remuneration”, in respect of any person, means the following moneys which the person would have received had he not been required to perform any relevant service —| (a) | remuneration derived from gainful employment or self‑employment; and [Act 10 of 2024 wef 01/05/2024] | | (b) | any other pay component —| (i) | that is provided to be paid to the person under his contract of employment or service; | | (ii) | that is, immediately before the date of the commencement of relevant service, received by the person on a regular basis for such period as may be prescribed by regulations; | | (iii) | in respect of which the employer is liable to pay contributions under section 7 of the Central Provident Fund Act 1953, unless exempted under that Act; and | | (iv) | that falls within the definition of “gains or profits from any employment” in section 10(2) of the Income Tax Act 1947, |
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| but does not include ex gratia payments or allowances paid to reimburse the person for expenses incurred by him in the course of employment; |
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| “designated authority” means any person designated by the Minister for the purposes of this Act; |
| “mobilised service” includes mobilised service under section 73 or 97 of the Police Force Act 2004 or section 113(1)(a) of the Civil Defence Act 1986; |
“relevant service” means —| (a) | service under section 14 or 18 of this Act or section 118(17) of the Singapore Armed Forces Act 1972; | | (b) | voluntary service in the Singapore Armed Forces; or [Act 10 of 2024 wef 01/05/2024] | | (c) | mobilised service; |
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| [Deleted by Act 10 of 2024 wef 01/05/2024] |
| “service remuneration” means any remuneration payable by the Government for any service before any deduction is made under any written law or with any order or instruction of the Government or the armed forces. [24/2004; 53/2018] [Act 10 of 2024 wef 01/05/2024] |
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| Direct payment by employer |
25.—(1) Subject to the designated authority’s consent and to such conditions, restrictions and limitations as may be prescribed in regulations made under this Act, the employer of a person who is entitled to claim reimbursement in respect of the performance of any relevant service under section 24(1) may pay the person his civilian remuneration in respect of the period of service and claim that amount from the designated authority.| (2) A person shall not be entitled to claim reimbursement in respect of the performance of any relevant service under section 24(1) if he has been paid his civilian remuneration by his employer under subsection (1). |
| (3) If a dispute arises between the designated authority and the employer as to the amount that the employer may claim under subsection (1), the matter shall be referred to the Minister whose decision shall be final. |
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