Answer to Written Question PT089

QUESTION

Yang Berhormat Dayang Chong Chin Yee

YANG BERHORMAT DAYANG CHONG CHIN YEE asks Yang Berhormat Menteri Hal Ehwal Dalam Negeri to state, in the absence of any legal requirement obliging employers in Brunei to specify the scope of work in job vacancy advertisements, how job seekers can make informed decisions, avoid exploitation, and prepare for their roles. This is considering that a mismatch of expectations may lead to early resignation, low morale, or workplace disputes.

ANSWER

Yang Berhormat Menteri Hal Ehwal Dalam Negeri

The advertising of vacancies has been provided for under Chapter 22 of the Employment Agencies Order 2004, which stipulates that every job advertisement must contain details regarding the qualifications and terms of employment offered.

The definition of a contract of service under Chapter 2 of the Employment Act (Chapter 278) is an agreement, whether in writing or oral and whether express or implied, between an employer and an employee. A contract of service must be in writing and signed or thumb-printed by both parties as provided under Chapter 10 of the same Act. In addition, under Chapter 11 of the same Act, the contents of the contract of service must clearly define the rights and obligations of both parties to the contract including the following particulars:-

1. Name of the employer and address of the workplace;
2. Name and place of origin of the employee;
3. Name and address of the employee’s next of kin;
4. Type of work;
5. Period of employment and the method of calculation thereof;
6. Notice period for termination of the contract of service;
7. Rates of wages and the method of calculation thereof, the manner and time of payment of wages, and any wage advances;
8. Measures to be taken to provide for the welfare of the employee;
9. Repatriation conditions for foreign employees;
10. Any special conditions of the contract of service.

The contract of service between employer and employee is open to negotiation and the setting of terms of employment such as the scope of work, responsibilities, remuneration and other benefits, so long as these do not contravene the Employment Act (Chapter 278). This gives flexibility to both parties to tailor the contract according to their respective needs.

In addition, job seekers can still make informed decisions through careful assessment of the contract of service before signing it. At that stage, they are encouraged to ask about the scope of work, responsibilities, salary and related conditions so that no mismatch of expectations occurs.

As a supporting measure, the Labour Department has conducted awareness sessions not only for company employers and company employees but also for graduates regarding workers’ rights under the Employment Act (Chapter 278), aimed at increasing awareness and preventing exploitation. Furthermore, the Labour Department provides dispute resolution services between employers and employees through the Law Enforcement Division and the Prosecution and Legal Division, involving employee complaints, mediation, compound fines and prosecution action.