Statutory Rules 1944, No. 56.(d)
Provisions relating to persons employed in protected undertakings.
1.—(1.) Regulation 14 of the National Security (Man Power) Regulations is amended—
(a) by omitting from paragraph (b) of sub-regulation (1.) the word “or” (last occurring) ;
(b) by inserting after that paragraph the following paragraph :—
“(ba) except as provided in regulation 16a of these Regulations, stand down or suspend from duty any person employed therein; or ”; and
(c) by inserting after sub-regulation (3.) the following sub-regulation :—
“(3a.) Where, on or after the first day of March, 1944, and whether before or after the date of commencement of this sub-regulation, a person employed in a protected undertaking has, without the permission in writing of the Director-General or of a person authorized by him, been stood down or suspended from duty otherwise than in pursuance of regulation 16a of these Regulations, the person so employed shall, on resuming duty, be entitled to be paid by his employer, in respect of that portion of the period for which he was stood down or suspended which is subsequent to the date of commencement of this sub-regulation, the remuneration which would have been paid to him if, during that portion of the period, he had performed his duties on all working days during ordinary working hours.”.
(2.) Where an employer carrying on a protected undertaking has, on or after the first day of March, 1944, and prior to the date of commencement of this regulation, stood down or suspended from duty (otherwise than in pursuance of regulation 16a of the National Security (Man Power) Regulations) a person employed in the undertaking, the employer shall forthwith take all steps necessary for the resumption of duty by that person, not later than such date as the Minister specifies, in the position which that person occupied at the time he was stood down or suspended.
Appeals to Local Appeal Boards.
2. Regulation 16 of the National Security (Man Power) Regulations is amended—
(a) by inserting in sub-regulation (7.), after the word “Director-General “, the words “ or of a person authorized by him”; and
(d) Made under the National Security Act 1939-1943 on 27th March, 1944; notified in the Gazette on 27th March, 1944.
(b) by adding at the end thereof the following sub-regulation:—
“(8.) Where a Local Appeal Board allows an appeal under this regulation from a decision of the Director-General or of a person authorized by him granting permission to an employer to stand down or suspend any person from duty, the employer shall, if that person has been so stood down or suspended, take all steps necessary for the resumption of duty by that person forthwith, in the position which he occupied at the time he was stood down or suspended, and the person stood down or suspended shall be entitled to be paid by the employer in respect of the period for which he was stood down or suspended the remuneration which would have been paid to him if, during that period, he had performed his duties on all working days during ordinary working hours.”.
Overview
Statutory Rules 1944, No. 56, made under the National Security Act 1939-1943, was enacted to address issues arising from the standing down or suspension of employees in protected undertakings during wartime. This legislative instrument aimed to protect employees' rights by ensuring they are reinstated to their positions and compensated for periods of unwarranted suspension. The problem it sought to resolve was the potential for employers to unjustly stand down or suspend employees without proper authorisation, leaving workers without recourse or financial security. The Parliament introduced this regulation to safeguard the rights of employees in protected undertakings, ensuring they are not unfairly disadvantaged during wartime mobilisations. The policy objective was to maintain workforce stability and protect employees' rights in protected industries by providing clear procedures and penalties for unauthorised stand-downs or suspensions.
Scope and Application
The statutory instrument amends provisions relating to persons employed in protected undertakings under the National Security (Man Power) Regulations, specifying who and what the Act applies to and the geographic or jurisdictional reach. The Act applies to persons employed in protected undertakings, which are likely businesses or entities critical to national security, and the geographic reach is likely national, as it is tied to the overarching National Security Act 1939-1943. It specifies that employers in such undertakings cannot stand down or suspend employees from duty without written permission from the Director-General or an authorized person, except as provided in regulation 16a. If an employee is stood down or suspended without proper authorisation, they are entitled to be paid for the period of suspension. Furthermore, employers are required to take necessary steps for the employee’s resumption of duty, and the employee must be paid for the suspension period if a Local Appeal Board allows an appeal against the Director-General’s decision. The instrument also extends its application through subordinate instruments, which can provide further clarification or detail on specific regulations and procedures.
Key Provisions
The statutory rules provide amendments to the National Security (Man Power) Regulations concerning employees in protected undertakings. Specifically, Regulation 14(1) is amended to prohibit employers from standing down or suspending employees from duty without proper authorization (sub-regulation 14(1)(ba)). Employees who are stood down or suspended without such authorization must be compensated for the period of suspension (sub-regulation 14(3a)). Employers must take immediate steps to resume the duties of employees who were stood down or suspended prior to the amendment, by a date specified by the Minister (sub-regulation 14(2)).
The obligations imposed by these regulations are primarily on employers within protected undertakings. They must ensure that any standing down or suspension of employees complies with the provisions of Regulation 16a of the National Security (Man Power) Regulations. If an employee is stood down or suspended without proper authorization, the employer is required to compensate the employee for the period of suspension. Moreover, if an appeal to a Local Appeal Board results in a decision allowing an employee to resume duties, the employer must take steps to facilitate this resumption without delay (sub-regulation 16(8)).
Breach of these provisions can result in civil liabilities for employers. For instance, employers who fail to compensate employees for periods of unauthorized suspension may face claims for unpaid wages. Additionally, failure to resume an employee's duties as required by the regulations could lead to further legal consequences. Although the specific penalties are not detailed in the text, the statutory rules suggest that breaches may be subject to the provisions of the National Security Act 1939-1943, which could include fines or other penalties as determined by the relevant authorities.