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PAPUA NEW GUINEA (STAFFING ASSISTANCE) (SUPERANNUATION) REGULATIONS 1973 - REG 6

Certain temporary employees to be deemed to be employees

         (1)   Where:

                (a)    a person who was, immediately before the commencement of these Regulations, employed by the Administration of Papua New Guinea otherwise than in a permanent capacity was by the terms of his employment required to give the whole of his time to the duties of his employment;

               (b)    that person had been so employed for a continuous period of not less than three years;

                (c)    the prescribed officer or, on appeal from the prescribed officer, the Administrator, certified that that person's employment was likely to be continued, in the case of a male, until he reaches the age of fifty-five years or, in the case of a female, until she reaches the age of fifty years; and

               (d)    the Administrator had, by notice in the Papua New Guinea Government Gazette , declared that that person shall be deemed to be an employee within the meaning of section 4 of the Superannuation Ordinance;

that person shall be deemed to be an employee within the meaning of these Regulations.

         (2)   Where:

                (a)    a person employed, on the date of commencement of the Superannuation (Papua and New Guinea) Ordinance
(No. 2) 1957
, by that Administration otherwise than in a permanent capacity was by the terms of his employment required to give the whole of his time to the duties of his employment;

               (b)    that person had been so employed for a continuous period of not less than three years;

                (c)    that person had applied within six months after that date to the Administrator for a declaration under subsection 4B (2) of the Superannuation Ordinance;

               (d)    that person had already been so employed for a period of not less than ten years or the Administrator was satisfied that that person's employment was likely to be continued for a period which when added to the period during which that person had already been employed would result in the person having been employed for a period of not less than ten years; and

                (e)    the Administrator had, by notice in the Papua New Guinea Government Gazette , declared that that person shall be deemed to be an employee within the meaning of section 4 of the Superannuation Ordinance;

that person shall be deemed to be an employee within the meaning of these Regulations.



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