Section 21
Prohibition of dismissal of employees by reason of liability for service
If the employer of any person liable to be called up for national service (whether full-time or part-time) under this Act terminates his employment without such person’s consent before the date on which such person is required to present himself in accordance with an enlistment notice, a police enrolment notice or an enrolment notice, or after such date in any case where such person is called up for part-time national service, and does so solely or mainly by reason of any duties or liabilities which that person is or may become liable to perform or discharge by reason of his being or being liable to be called up as aforesaid, the employer shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand ringgit; and the
Court by which he is convicted may order him to pay to the person whose employment has been terminated, as compensation for any loss suffered or likely to be suffered by him by reason of the termination 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.
(2)
If in any proceedings under this section the Court is of opinion that there is reasonable cause to believe that the duties or liabilities aforesaid caused or contributed to the termination of the employment, the employment shall be deemed to have been terminated by reason of those duties or liabilities unless the employer proves that the termination was for a reason unconnected therewith.
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National Service
(3)
For the purposes of this section any person liable to be called out—
(a)
under section 202 of the Armed Forces Act 1972;
(b)
under section 55 of the Police Act 1967; or
(c)
under section 7 of the Civil Defence Act 1951, shall be deemed to be liable to be called up for national service under this Act.