11Contract of employment not to terminate

11 Contract of employment not to terminate

(1) Subject to this section, where:

(a) a member is employed under a contract of employment immediately before commencing a period of Defence service or immediately before a notice is served on him under the National Service Act 1951‑1965 or the Defence Act 1903‑1965 calling him up for Defence service; and

(b) in the case of a member who is employed under a contract of employment other than a contract of apprenticeship—has been so employed for not less than thirty days;

the contract shall not be, or be deemed to be, terminated by reason of the member’s absence from work during his period of absence on Defence service, but the contract:

(c) is suspended from the commencement of the period of absence on Defence service; and

(d) unless earlier terminated, ceases to be suspended at the expiration of the period of absence on Defence service.

(2) Nothing in the last preceding subsection renders the employer under the contract of employment liable to pay the member for any time during his period of absence on Defence service. (3) Subsection (1) of this section does not prevent the termination of a contract of apprenticeship if the Minister consents. (4) Subsection (1) of this section does not prevent the termination of a contract of employment if the member, having completed a period of Defence service, does not apply to resume work under the contract within a period of thirty days, or within such longer period (if any) as the Minister, having regard to the circumstances of the case, determines, after the completion of the period of Defence service. (5) A period during which a contract of apprenticeship is suspended under subsection (1) of this section shall, except as the Minister otherwise directs:

(a) in the case of Defence service rendered by a member in the Regular Army Supplement, being service under the National Service Act 1951‑1965 or service as an officer in pursuance of an appointment referred to in subsection (1) or subsection (2) of section 28 of that Act—be deemed not to be a period of work under the contract for the purpose of determining the date on which the member is to be deemed to have completed the period of employment under the contract; and

(b) in any other case—be deemed to be such a period for that purpose.

(6) Except as otherwise provided by this Part or, in the case of a contract of apprenticeship, as the Minister otherwise directs, a period during which a contract of employment is suspended under subsection (1) of this section shall be deemed not to be a period of employment under the contract.