3. (1) Subject to these Regulations, an employer shall be liable to pay termination or lay-off benefits payment calculated in accordance with regulations 6 to an employee who has been employed under a continuous contract of service for a period of not less than twelve months ending with the relevant date if -
(a) the contract of service of the employee is terminated; or
(b) the employee is laid-off within the meaning of regulation 5.
(2) For the purpose of this regulation a continuous contract of service for a period of not less than twelve months shall include two or more periods of employment which are not less than twelve months in the aggregate if the intervening period or periods between one period of employment and another does not in the aggregate exceed thirty days.