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Brunei Darussalam - Maternity protection - 2011


LAST UPDATE

19 September 2011
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SOURCES


Name of Act

Employment Order 2009 (s 37/09) of Brunei Darussalam, of 5th September 2009.
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MATERNITY LEAVE


Scope

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.
Every female employee shall be entitled to absent from work before and after confinement.
Employment Order 2009 §91

Qualifying conditions

A female employee shall, at least one week before absenting herself from work give notice to her employer specifying the date of which she intends to commence absenting herself from work.
Employment Order 2009 §94(1)

Duration


Compulsory leave

The lenght of the period before and after confinement may be agreed between the employer and the employee, but such leave shall commence not earlier than 28 days immediately preceding the day of her confinement and not later than the day of her confinement.
Employment Order 2009 §91(1)(b)

General total duration

The total duration of maternity is 9 weeks, which shall be taken 4 weeks inmediately preceeding her confinement and 5 weeks immediately after confinement.
Employment Order 2009 §91(1)

RELATED TYPES OF LEAVE

Relevant provisions on related types of leave have not been identified.

RIGHT TO PART-TIME WORK

Relevant provisions on right to part time work have not been identified.

CASH BENEFITS


Maternity leave benefits


Scope

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.
Every female employee shall be entitled to receive payments from her employer at her gross rate during the period of maternity leave.
Employment Order 2009 §91(2)

Qualifying conditions

In order to be entitled to receive maternity benefits the worker shall have worked at least 180 days immediately preceding the day of her confinement with the same employer.
Employment Order 2009 §91(3)

Duration

The duration of maternity leave benefits is 8 weeks.
Employment Order 2009 §91(2)

Amount

Every female employee is entitled to receive her gross rate of pay during maternity leave.
Employment Order 2009 §91(2)

Financing of benefits

The employer shall pay benefits to the employee during maternity leave.
Employment Order 2009 §91(2)

Alternative provisions

Where a female employee has worked in her employment for any day during the benefit period before her confinement, she shall be entitled to receive in addition to her gross rate of pay for that day an amount that is equivalent to a day’s pay at the gross rate of pay or to absent herself from work on another day at the end of the benefit period.

No employee may claim any payment to more than one employer in respect of the same confinement.
Employment Order 2009 §91(4),92

MEDICAL BENEFITS

Relevant provisions on medical benefits have not been identified.

BREASTFEEDING

Relevant provisions on breastfeeding have not been identified.

HEALTH PROTECTION

Relevant provisions on health protection have not been identified.

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Protection from discriminatory dismissal

No notice of dismissal given without sufficient cause by an employer to a female employee within a period of 3 months before her confinement shall have the effect of depriving her of any payment to which but for that notice, she would have been entitled, or she would, on or before the date of her confinement, have become entitled to.

If a female worker has been dismissed without sufficient cause, the Minister may compel the employer to reinstall the employee in her employment and to to pay her an amount equal to the salary that she would have earned if she had not been dismissed, or compel the employer to pay such amount of salary as compensation as the Minister may consider just and equitable having regard to all the circumstances of the case.

An employer dismiss a female employee without sufficient cause is guilty of an offence and liable on conviction to a fine not exceeding $5,000, impresonment for a term not exceeding one year or both.
Employment Order 2009 §99(1)(3)(6)

Burden of proof

The onus of providing proof of infringement of any of the provisions of the Employment Act shall be on the person who alleges it.
Employment Order 2009 §114

Results generated on: 28th November 2014 at 20:18:40.
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