Remarks: No exclusions as for categories of workers in the scope of this Order. Therefore, it seems that provisions of this Order apply to all workers. However, regarding domestic workers, the Minister may make modifications or exceptions to the provisions of this Order for this category of workers, and provide specific working conditions. Regarding, immigrants, no person shall employ them, unless it has obtained a licence from the Commissioner to do so in such form and subject to such conditions as determined. Therefore, the provisions of this Order are only applicable to them if expressly provided.
Other source used
Human Rights Report 2011 of Brunei Darussalam, of the U.S. Department of State
"Employee" means a person who has entered into or who works under a contract of service with an employer, and includes a workman and any public officer or employee of the Government included in a category, class or description of such officer or employees declared by the Minister.
Employment Order §2
Remarks: The term "employee" does not include the following categories: seaman, domestic worker or any person employed in a managerial, executive or confidential position, or any person belonging to any other class of person whom the Minister declares not to be employees for the purposes of this Order.
"Employer" means any person who employs another person under a contract of service and includes -the Government -any statutory body -the duly authorised agent or manager of the employer -the person who owns or is carrying on or for the time being responsible for the management of the profession, business, trade or work in which the employee is engaged.
Employment Order §2
The term "salary" means all remuneration including allowances payable to an employee in respect of work done under his contract of service, but does not include: (a) the value of any accomodation or the supply of any food, fuel, electricity, water or medical attendance, or of any amenity or service excluded by Order of the Minister published in the Gazette. (b)any contribution paid by the employer on his own account to any pension fund or provident fund (c) any travelling allowance or the value of any travelling concession (d) any sum paid to the employee to reimburse him for special expenses incurred by him in the course of his employment (e) any gratuity payable on discharge or retirement (f) any retrenchment benefit payable on retrenchment
Employment Order §2
MINIMUM WAGE FIXING
Specific minimum wage rates
» Minimum wage levels for specific categories of workers
If it is shown that the salaries of children, young persons or both, employed in an industry, for any particular work or in any area are insufficient, the Minister may, prescribe minimum rates of salary to be paid to this category of workers.
Employment Order §106(1)
Minimum wage level(s) in national currency
As provided in different sources, there is no national minimum wage in Brunei Darussalam.
Human Rights Report
It is permitted to compensate the worker with food, accomodation and other privileges in addition to money as remuneration for his services, but no employer shall give to a worker any noxious drugs or intoxicating liquor by way of remuneration.
The salary of an employee shall not include the accomodation or the supply of any food, fuel, electricity, water or medical attendance, or of any amenity or service. However if these allowances are provided a deduction from his salary may be made if such has been accepted by him as a term of employment and under the conditions that the Commissioner may impose.
Employment Order §60,§2, §48
Rate of payment
The rate of payment shall be normally per month.
Employment Order §37
An employer may fix different "salary periods", in respect of which salary earned shall be payable, provided that in any case shall exceed one month. In the absence of a salary period so fixed, the salary period shall be deemed to be one month.
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