The Employment Order, 2009 provides for matters relating to employment in Brunei Darussalam. It establishes rules governing employment relationships and defines the functions and powers of the Commissioner of Labour, Deputy Commissioners, Assistant Commissioners and authorised officers in the administration of the Order. The Order contains provisions on contracts of service and apprenticeship, payment of salaries, principals and contractors, conditions of service, health and medical care, part-time employees, employment of women, children and young persons, domestic workers and immigrant employees, repatriation, inspection, complaints and inquiries, offences and related administrative matters. The Order regulates the formation and contents of contracts of service, including contractual age, written contracts, rights and obligations of the parties, duration, termination, transfer of employment and employee misconduct. Separate provisions govern contracts of apprenticeship. It establishes requirements concerning salary periods and payments, deductions, recovery of advances and loans, and the liability of principals and contractors for salaries. It also regulates rest days, hours of work and overtime, public holidays, annual and sick leave, retrenchment and retirement benefits, and annual salary supplements and other variable payments. Employers are subject to requirements concerning accommodation, sanitary arrangements, first-aid equipment and medical care and treatment at places of employment. Specific provisions apply to part-time employees and to the employment of women, including maternity-related benefits and restrictions on dismissal during specified periods of absence. The Order restricts the employment of children and young persons and provides for conditions of employment, prescribed minimum rates of salary and approved employment or training. It also provides for the application of employment requirements to domestic workers and regulates the employment and repatriation of immigrant employees, including licensing requirements and obligations concerning transport and repatriation expenses. The Commissioner and authorised officers are empowered to enter and inspect places of employment, conduct inquiries, examine persons and employment records, and investigate possible offences. The Commissioner may inquire into employment-related complaints and disputes, issue orders and take specified enforcement measures; provision is also made for appeals and court proceedings. The Order establishes offences and penalties for contraventions and authorises the making of regulations for its administration. It repeals the Labour Act (Chapter 93) and specified subsidiary legislation, subject to savings provisions for existing contracts and certain instruments and actions made under the repealed legislation.
Brunei Darussalam · 2009-09-03