Section 46
Reinstatement in civilian employment
It shall be the duty of the employer by whom any volunteer reserve police officer was employed for a period of at least three months immediately preceding the day on which such officer was mobilized under this Part to re-employ him on the completion of active service pursuant to such mobilization including any leave earned by such service in an occupation and under conditions not less favourable than those which would have been applicable to him had he not been mobilized.
(2)
Any employer failing to re-employ any volunteer reserve police officer under subsection (1) shall be guilty of an offence and shall subject as hereinafter provided, be liable on conviction to a fine
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not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both:
Provided that in any proceeding under this subsection it shall be a defence for the employer to show that the volunteer reserve police officer formerly employed by him did not, before the expiration of one month after completion of active service, apply to the employer for re-employment or that, having been offered re-employment by him, such officer 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 is not practicable to re-employ him; or
(b)
his re-employment in an occupation and under conditions not less favourable to him than those which would have been applicable to him had he not been mobilized is impracticable, and that the employer has offered to re-employ him in the most favourable occupation and under the most favourable conditions reasonably practicable under the circumstances.