New Zealand Gazette – 1939 – No. 126

Page 2707

✨ Emergency Regulations



(iii) For the adaptation of the terms of the contract in
relation to any extension of the period of contractual
service ;
the provisions contained in paragraph (b) hereof shall apply
only in so far as they are not inconsistent with the arrange-
ment or provision so made as aforesaid, but any such
arrangement or provision shall be void so far as it conflicts
with Regulation 4 hereof:

$(b)$ If no such arrangement has been or is entered into or no
provision made by the contract, or to the extent that any
such arrangement or provision does not deal with the
obligations hereinafter specified or with the reckoning or
the adaptation referred to in subparagraphs $(i i)$ and $(\text { iii })$ of
paragraph $(a)$ of this regulation, then, subject always to
Regulation 4 hereof—

(i) The parties to the contract shall, in respect of the
period of service in His Majesty's Forces, be relieved of all
their obligations under the contract which relate to the
following matters—that is to say, the payment of remune-
ration, the performance of work or the provision of work,
maintenance (including medical or surgical treatment), or
instruction :

(ii) The said obligations shall (unless otherwise dealt with
by any arrangement or provision as aforesaid) be of full
effect as from the date upon which the employee resumes
his work, and where the contract is for a period specified or
ascertainable from it the period of contractual service there-
under shall be extended by a period equal to the period of
service in His Majesty's Forces or by a period equal to the
period of the contract unexpired at the date of acceptance
for service in His Majesty's Forces if that period be less than
the period of service in His Majesty's Forces :

(iii) A period of service (if any) remaining to be served
under the contract, apart from any period of extension, shall
be treated as beginning immediately on the resumption of
work, and any period of extension shall be treated as the
concluding period of the contract, and the terms of the
contract shall apply to that period of extension accordingly.

  1. Nothing in these regulations shall confer upon any employer
    authority to make any contract or arrangement with reference to the
    period of service in His Majesty's Forces which he is not authorized
    to make under any power already possessed by him.

C. A. JEFFERY,
Clerk of the Executive Council.



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✨ LLM interpretation of page content

🏛️ Occupational Re-establishment Emergency Regulations 1939 (continued from previous page)

🏛️ Governance & Central Administration
11 October 1939
Regulations, Emergency, Occupational Re-establishment, Employment, Military Service
  • C. A. Jeffery, Clerk of the Executive Council