Reinstatement in civil employment
s 20
(1) It shall be the duty of the employer by whom any person was employed for a period of at least fourteen days immediately preceding the day on which he was called up for full-time national service under this Act to reinstate him in his employment at the termination of that service in an occupation and under conditions not less favourable to him than those which would have been applicable to him had he not been so called up, and if he fails to do so, the employer shall, subject as hereinafter provided, be liable on conviction to a fine not exceeding two thousand ringgit; and the Court by which any employer is found guilty of an offence under this subsection may order him to pay to the person whom he has failed to reinstate a sum not exceeding an amount equal to three months remuneration at the rate at which his remuneration was last payable to him by the employer: Provided that in any proceedings under this subsection it shall be a defence for the employer to prove that the person formerly employed by him did not, before the expiration of one month after the termination of such service or employment as aforesaid, apply to the employer for reinstatement, or that, having been offered reinstatement by him, he failed, without reasonable excuse, to present himself for employment at the time and place notified to him by the employer, or that by reason of a change of circumstances (other than the engagement of some other person to replace him)— (a) it was not reasonably practicable to reinstate him; or (b) his reinstatement in an occupation and under conditions not less favourable to him than those which would have been applicable to him had he not been called up from his civil employment was impracticable, and that the employer has offered to reinstate him in the most favourable occupation and under the most favourable conditions reasonably practicable. (2) For the purpose of securing the fair adjustment of contracts of service in force between employers and employees when the employees are or were so called up for service from their civil employment, the Yang di-Pertuan Agong may make rules relieving the parties to such contracts of all or any of their obligations thereunder in respect of the period of that service, and may also make rules modifying such contract by extending the period of service thereunder by a period not exceeding the period of the said service, and adapting the terms of the contracts in relation to any such extension. (3) In relation to any person so called up for national service from his civil employment references in this section to an employer shall be construed as including references to any person for the time being carrying on the undertaking or service in which he was employed when so called up as aforesaid, or carrying on any undertaking or service with which that undertaking or service has been amalgamated or in which it was comprised on the date on which he was so called up or directed as aforesaid. (4) If the Yang di-Pertuan Agong is satisfied that it is necessary to restrain employers from terminating the employment of their employees by reason of any duties or liabilities which they are or may become liable to perform or discharge by reason of their having been called up for national service from their civil employment or to make provision for the prevention of evasion of this section, he may make rules for those purposes, and such rules may make provision for the punishment of breaches of the rules, and may in particular apply with respect to persons found guilty of such breaches any of the provisions of this section relating to persons found guilty of offences under this section, with or without modifications. (5) For the purposes of this section a person who has been called out— (a) under section 202 of the Armed Forces Act 1972; (b) under section 55 of the Police Act 1967 [Act 344]; or (c) under section 7 of the Civil Defence Act 1951, shall be deemed to have been called up for full time national service under this Act.