Statute Details
- Title: Retirement and Re-employment (Re-employment Obligations) Regulations 2017
- Act Code: RRA1993-S354-2017
- Type: Subsidiary Legislation (sl)
- Authorising Act: Retirement and Re-employment Act (Chapter 274A)
- Commencement: 1 July 2017
- Status: Current version as at 27 Mar 2026
- Key Provisions: Regulation 4 (Consent form); Regulation 5 (Sequential application of section 7C of Act and regulation 4 to subsequent transfer employers)
- Amendments Noted in Timeline: Amended by S 544/2022 (effective 1 July 2022); certain definitions and provisions deleted by S 544/2022
- Schedules: First Schedule (Particulars of Consent Form); Second Schedule (Additional Particulars of Consent Form)
What Is This Legislation About?
The Retirement and Re-employment (Re-employment Obligations) Regulations 2017 (“the Regulations”) are subsidiary legislation made under the Retirement and Re-employment Act (Chapter 274A) (“the Act”). In practical terms, the Regulations operationalise a specific re-employment mechanism in the Act: the “transfer” or “re-employment obligations” pathway that applies when an employer (often referred to in the Act as E1) is unable to continue employing an eligible employee, and another employer (E2) offers employment in lieu.
The Regulations focus on two connected issues. First, they prescribe the content and sign-off requirements of a “consent form” that is required under section 7C of the Act. Second, they address a more complex scenario: what happens when the employee’s employment is transferred more than once—i.e., when a subsequent transfer employer takes over after the first transfer employer cannot continue employing the employee. Regulation 5 ensures that the consent and the statutory re-employment obligations apply in a “sequential” manner across multiple employers.
For practitioners, the Regulations are important because they translate statutory rights and employer obligations into concrete procedural requirements. Consent documentation and the correct mapping of parties (E1, E2, and transfer employers) can be decisive in disputes about whether the statutory re-employment obligations were properly triggered and complied with.
What Are the Key Provisions?
Regulation 1 (Citation and commencement) is straightforward: it provides the short title and confirms that the Regulations came into operation on 1 July 2017. This matters for determining which procedural regime applies to events occurring on or after that date.
Regulation 2 (Definitions) sets the interpretive framework. It defines “consent form” by reference to section 7C(6) of the Act, and it defines “transfer employer” as a subsequent employer that enters into a contract of service with an eligible employee in lieu of E2 or another transfer employer. The definition is crucial because Regulation 5 uses the term “transfer employer” to govern how section 7C is applied when employment is transferred again after an earlier transfer.
Regulation 4 (Consent form) is the core procedural provision. It requires that a consent form must contain the particulars specified in the First Schedule. It also requires additional particulars in the Second Schedule when a specific pay condition is met: namely, where the eligible employee’s salary under the contract of service entered into in relation to section 7C(1)(b) of the Act between the eligible employee and E2 (in lieu of E1) is less than the last drawn salary the employee received under the contract of service with E1.
Regulation 4(3) then sets the sign-off requirement. The consent form must be signified by all three parties before the agreed date: (a) E1 or its authorised representative, (b) E2 or its authorised representative, and (c) the eligible employee. This “tripartite” signification is a key compliance point. In practice, it means that consent is not merely an employee choice; it is a documented agreement involving both the original employer and the re-employing employer, alongside the employee’s acknowledgement.
Regulation 5 (Sequential application of section 7C of Act and regulation 4 to subsequent transfer employers) addresses a scenario that can arise in real employment transitions: the first transfer employer (E2 or a transfer employer) is unable to continue employing the eligible employee because it cannot find a suitable position in its establishment despite making reasonable attempts in accordance with tripartite guidelines. If, during the employee’s employment with that first-mentioned employer, another employer offers employment in lieu and the employee accepts, then section 7C of the Act applies to the employee’s employment with the subsequent transfer employer.
Regulation 5(1) does not simply restate the Act. Instead, it provides a legal “as if” mapping of the statutory references. It specifies that, for the purposes of applying section 7C, references to E1 in certain provisions are treated as references to the first-mentioned employer; references to E2 are treated as references to the subsequent transfer employer; and the “agreed date” is treated as the agreed date between the subsequent transfer employer and the first-mentioned employer. It also clarifies the period to be reckoned for entitlement purposes under section 7C(5)(a) and (b): the relevant period is the time the employee served under E1 before commencing service with E2.
Regulation 5(2) then extends the same “as if” approach to regulation 4 and the Schedules. It provides that the consent form requirements apply to the subsequent transfer employer as though the first-mentioned employer were E1 and the subsequent transfer employer were E2, and the agreed date is the agreed date between those parties. This ensures that the consent documentation and schedule content are correctly adapted for each transfer event.
Deleted provisions are noted in the text extract (definitions and regulation 3 are deleted by S 544/2022 effective 1 July 2022). While the extract does not reproduce the deleted content, the practitioner takeaway is that the current operative framework is centred on the remaining definitions, the consent form requirements, and the sequential application mechanism.
How Is This Legislation Structured?
The Regulations are structured as a short instrument with a conventional layout:
Part/Sections: The Regulations contain an enacting formula and five numbered regulations. Regulation 1 addresses citation and commencement; Regulation 2 provides definitions; Regulation 3 is deleted; Regulation 4 prescribes the consent form requirements; and Regulation 5 provides the sequential application mechanism for subsequent transfer employers.
Schedules: Two schedules supplement the consent form requirements. The First Schedule lists the particulars that must appear in the consent form. The Second Schedule lists additional particulars required when the employee’s salary under the re-employment contract with E2 (in lieu of E1) is lower than the employee’s last drawn salary under E1.
Who Does This Legislation Apply To?
The Regulations apply to parties involved in the re-employment obligations framework under section 7C of the Act. In substance, this includes:
(1) Eligible employees who are subject to the re-employment obligations pathway; and (2) employers participating in the transfer/re-employment arrangement—namely E1, E2, and any subsequent transfer employers that enter into contracts of service with the eligible employee in lieu of E2 or another transfer employer.
The Regulations’ operational triggers are tied to factual circumstances: E2 (or a transfer employer) must be unable to continue employing the employee because it cannot find a suitable position despite reasonable attempts aligned with tripartite guidelines; and a subsequent employer must offer employment in lieu, with the employee accepting. Where these conditions are met, the consent form requirements and the statutory mapping under section 7C must be applied sequentially.
Why Is This Legislation Important?
For employers and counsel, the Regulations matter because they convert statutory re-employment obligations into documented procedural compliance. Consent is not a vague concept; it is a structured form with mandatory particulars and mandatory signification by all relevant parties. Failure to comply with the consent form requirements can become a focal point in disputes about whether the statutory process was properly followed.
Regulation 4 is particularly significant where there is a salary reduction compared to the employee’s last drawn salary under E1. The requirement to include additional particulars under the Second Schedule signals that the law expects heightened transparency and documentation when the employee’s remuneration changes downward. Practitioners should treat this as a compliance “risk area” and ensure that the consent form content is complete and accurate.
Regulation 5 is important because it addresses the reality that employment transfers may not be one-off events. The sequential application mechanism reduces ambiguity about how section 7C and the consent form requirements operate when the employee moves again to a subsequent transfer employer. By specifying the “as if” mapping of E1/E2 and the agreed date, the Regulations help ensure that entitlement calculations and consent documentation remain coherent across multiple transfers.
From an enforcement and litigation perspective, these provisions can influence outcomes in at least three ways: (1) whether the statutory trigger for applying section 7C was properly satisfied; (2) whether the consent form was correctly prepared with the right schedule particulars; and (3) whether the sequential transfer scenario was handled using the correct legal mapping of parties and dates.
Related Legislation
- Retirement and Re-employment Act (Chapter 274A) — in particular section 7C (re-employment obligations and consent framework)
- Tripartite guidelines referenced in Regulation 5 (used to assess “reasonable attempts” to find a suitable position)
Source Documents
This article provides an overview of the Retirement and Re-employment (Re-employment Obligations) Regulations 2017 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.