National Servicemen (Employment) Rules

National Servicemen (Employment) Act

(Chapter 202, Section 11)

National Servicemen (Employment) Rules

R 1

G.N. No. S 347/1970

REVISED EDITION 1990

(25th March 1992)

[2nd January 1971]

PART I

GENERAL

Citation

1.  These Rules may be cited as the National Servicemen (Employment) Rules.

Definitions

2.  In these Rules, unless the context otherwise requires —

“Board” means the Appeals Board appointed by the Minister under section 6(3) of the Act;

“Chairman” means the Chairman of the Board nominated by the Minister under rule 11(2);

“panel” means the panel of members nominated under rule 11(4).

PART II

REGISTRATION

Registration and disclosure of particulars

3.—(1)  The Director shall register every person who has completed full-time national service and has a satisfactory report from his Commanding Officer.

(2)  Any person registered under the provisions of the Act and these Rules shall not have his name retained on the Register for more than 5 years from the date of registration.

(3)  A registered person shall disclose to the Director the following particulars:

(a) name, including former names (if any);

(b) address;

(c) identity card number;

(d) rank;

(e) army vocation;

(f) place and date of birth;

(g) race and religion;

(h) citizenship;

(i) marital status;

(j) education, skill, qualification and experience;

(k) details of driving licence (if any); and

(l) any other particulars which may be considered necessary by the Director.

Deletion from register

4.—(1)  A registered person may have his name deleted from the Register for any of the following reasons:

(a) if it is found that he has been registered in error;

(b) if he is found to have been convicted of a criminal offence;

(c) if he fails to attend interviews, which he is directed by the Director to attend, on 3 different occasions;

(d) if he does not, without good reason, commence work after accepting employment; or

(e) if he is reported by an employer to have committed gross misconduct.

(2)  A person whose name is not registered under rule 3 on the ground that he has an unsatisfactory report from his Commanding Officer and a person whose name is deleted from the Register under paragraph (1) shall be informed in writing of the reasons for the non-registration or deletion from the Register.

(3)  A person who is affected by the exercise of the provisions of paragraph (2) may, within 30 days of the receipt of such information, appeal to the Director in writing.

(4)  The decision of the Director on every appeal under this rule shall be final and shall not be called in question in any court.

PART III

EMPLOYMENT CARD

Issue of Employment Card

5.  The Director shall issue an Employment Card in the Form A set out in the Schedule to every person who has been registered under rule 3.

Duty of employer

6.  An employer upon engaging in employment a registered person shall take possession of his Employment Card, complete the particulars of employment therein and return it to the Director within 7 days of the acceptance of employment.

Issue of new Employment Card

7.—(1)  A registered person who wishes to change his employment may make an application to the Director for the issue of a new Employment Card.

(2)  The Director may issue a new Employment Card if he is satisfied that there is sufficient justification to warrant a change of employment.

Loss and replacement of Employment Card

8.  Any registered person who has lost his Employment Card shall report such loss to the Director within 7 days of the loss and apply for a replacement.

PART IV

APPLICATION FOR EXEMPTIONS

Manner of application

9.—(1)  An application by an employer under section 6(1) of the Act to employ a non-registered person shall be made in the Form B set out in the Schedule.

(2)  An employer whose application receives the consent of the Director or whose application is rejected shall be informed in writing by the Director of the consent or rejection within 7 days of the receipt of the application.

(3)  Where an employer employs a person pursuant to the consent of the Director he shall within 7 days of the employment of the person inform the Director in the Form C set out in the Schedule.

Nomination for vacancies

10.  Where an application by an employer under section 6(1) of the Act to employ a non-registered person has been rejected, the Director may, at the request of the employer, nominate any registered person whom he thinks suitable to fill the vacancy for which the application has been rejected.

PART V

APPEALS BOARD

Membership of Board

11.—(1)  The Board shall consist of 3 members to be selected from a panel of 21 members.

(2)  The Chairman shall be the nominee of the Minister.

(3)  One of the members selected shall be a nominee of the National Trades Union Congress and the other a nominee of any one of the organisations in paragraph (4)(c).

(4)  The panel shall be composed of —

(a) 7 nominees of the Minister;

(b) 7 nominees of the National Trades Union Congress; and

(c) one nominee of each of the following organisations:

(i) National Employers’ Council;

(ii) Singapore Employers’ Federation;

(iii) Singapore Manufacturers’ Association;

(iv) Chinese Chamber of Commerce;

(v) Indian Chamber of Commerce;

(vi) International Chamber of Commerce;

(vii) Malay Chamber of Commerce.

Duration of appointment, vacancies, etc.

12.—(1)  The members of the panel shall each hold office for a term of one year from the date of their respective nominations and shall be eligible for renomination on completion of that period.

(2)  The Minister may revoke the nomination of any member of the panel without assigning any reason.

(3)  The seat of a member of the panel shall become vacant —

(a) on his death;

(b) if he resigns his seat; or

(c) if his appointment is revoked under paragraph (2).

(4)  If a vacancy occurs in the panel of members, the body whose nominee the former holder of the vacant seat was shall nominate another person to fill the vacancy.

(5)  A person nominated under paragraph (4) shall hold office for so long as the member in whose place he is nominated would have held office.

(6)  The Minister may appoint a Secretary to the Board.

Manner of dealing with appeals

13.—(1)  The Board shall hear and determine appeals from employers, under section 6(3) of the Act, against the refusal of the Director to give his consent to the employment of any other person in the circumstances set out in section 6(1) of the Act.

(2)  Where the Board is divided in opinion on an appeal, the appeal shall be decided according to the decision of the majority of the Board or, if there is no such majority decision, according to the decision of the Chairman.

(3)  A decision of the Board on an appeal shall be signed by the Chairman and shall be delivered by him or by the Secretary to the Board on the direction of the Chairman.

(4)  Subject to these Regulations and any directions given by the Minister, the Board may regulate its own procedure.

Representation

14.  Any person may, with the permission of the Board, be represented by an advocate and solicitor in proceedings before the Board.

THE SCHEDULE

FORM B

APPLICATION FOR EXEMPTION

Rule 9(1)

FORM C

PARTICULARS OF THE SELECTED CANDIDATES

Rule 9(3)