§ 95A — Employers’ obligation to give record of key employment terms

95A.—(1) This section only applies to, and in relation to, every employee —(a)

who enters into a contract of service with the employer on or after 1 April 2016; and

(b)

who is employed under that contract for a period not shorter than the prescribed minimum period of service.[27/2015]

(2) An employer must give each employee of the employer a written record of the key employment terms of the employee not later than 14 days after the day that the employee starts employment with the employer, or within such other period as may be prescribed in substitution.[27/2015]

(3) The requirement to give a written record of key employment terms to an employee in subsection (2) is satisfied if —(a)

an electronic record containing the key employment terms is provided in a manner that enables the information contained in the electronic record to be accessible and useable by the employee for subsequent reference; or

(b)

the key employment terms are published on an Internet website —(i)

which is authorised by the employer and readily accessible to the employee; and

(ii)

which address is disseminated by the employer to the employee.[27/2015]

(4) To avoid doubt, subsection (3) does not limit any other manner of giving to an employee a written record of the key employment terms of the employee.[27/2015]

(5) An employer is taken to have failed to comply with subsection (2) if the written record given is incomplete or inaccurate, whether or not the employer knew that the record is incomplete or inaccurate.[27/2015]

(6) The Minister may, by order in the Gazette and subject to such conditions as are specified in the order, exempt from any provision in this section —(a)

any class of employers specified in the order, in respect of all employees; or

(b)

all employers or any class of employers, in respect of any class of employees, specified in the order.[27/2015]

(7) In this section, “key employment term”, for an employee, means any type of term of employment contained in a contract of service between an employer and the employee that is prescribed to be a key employment term.[27/2015]

—(1) This section only applies to, and in relation to, every employee —(a)

who enters into a contract of service with the employer on or after 1 April 2016; and

(b)

who is employed under that contract for a period not shorter than the prescribed minimum period of service.[27/2015]

(2) An employer must give each employee of the employer a written record of the key employment terms of the employee not later than 14 days after the day that the employee starts employment with the employer, or within such other period as may be prescribed in substitution.[27/2015]

(3) The requirement to give a written record of key employment terms to an employee in subsection (2) is satisfied if —(a)

an electronic record containing the key employment terms is provided in a manner that enables the information contained in the electronic record to be accessible and useable by the employee for subsequent reference; or

(b)

the key employment terms are published on an Internet website —(i)

which is authorised by the employer and readily accessible to the employee; and

(ii)

which address is disseminated by the employer to the employee.[27/2015]

(4) To avoid doubt, subsection (3) does not limit any other manner of giving to an employee a written record of the key employment terms of the employee.[27/2015]

(5) An employer is taken to have failed to comply with subsection (2) if the written record given is incomplete or inaccurate, whether or not the employer knew that the record is incomplete or inaccurate.[27/2015]

(6) The Minister may, by order in the Gazette and subject to such conditions as are specified in the order, exempt from any provision in this section —(a)

any class of employers specified in the order, in respect of all employees; or

(b)

all employers or any class of employers, in respect of any class of employees, specified in the order.[27/2015]

(7) In this section, “key employment term”, for an employee, means any type of term of employment contained in a contract of service between an employer and the employee that is prescribed to be a key employment term.[27/2015]