Section 42: Eligibility to join the Workfare Programme

42. Eligibility to join the Workfare Programme (1) Subject to section 46 and subsection (3), a worker shall be entitled to joint the Workfare Programme where— (a) his agreement is terminated by an employer— (i) for the reasons specified in section 36 (3) and (4); (ii) in contravention of section 38 (1), (2) and (3); (iii) for reason of— (A) economic, technological, structural or similar nature affecting the enterprise; (B) misconduct; or (C) poor performance; (iv) without any justification; (b) he has been in the continuous employment of an employer for a period of not less than 180 days on a determinate agreement and the employer terminates the agreement, or the agreement comes to an end. (2) (a) A worker who elects to join the Workfare Programme shall register with the Permanent Secretary within 14 days of the termination of his employment. (b) The Permanent Secretary may, on reasonable cause shown to his satisfaction, extend the time limit within which registration under paragraph (a) may be made. (3) (a) Where the agreement of a worker or a group of workers is terminated, the worker, the group of workers or the trade union recognised by the employer may agree on the quantum and the payment of a compensation with the employer. (b) Where an agreement has been reached under paragraph (a)— (i) the worker shall not be entitled to join the Workfare Programme under section 41; and (ii) the employer shall not be required to pay the recycling fee under section 47 (1). [S. 42 amended by s. 12 (g) of Act 14 of 2009 w.e.f. 1 July 2009; s. 21 of Act 6 of 2013 w.e.f. 11 June 2013.]