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Answer to Written Question PT090

QUESTION​

Yang Berhormat Dayang Chong Chin Yee​

YANG BERHORMAT DAYANG CHONG CHIN YEE asks the MINISTER OF HOME AFFAIRS to state, in view of the increasing use of repeatedly extended short-term contracts in the Brunei labour market, can the Ministry explain the ambiguity in the Employment Act (Cap 278) regarding the recognition of continuous service, particularly in relation to notice of resignation and termination, so that clear and consistent guidance can be given to all parties?

ANSWER​

Yang Berhormat Menteri Hal Ehwal Dalam Negeri​

According to Chapter 10, the Employment Act (Cap 278) does provide for Contracts of Service for all workers whether local or foreign, including domestic workers. The Contract of Service is made between the employer and the worker, and both parties are free to negotiate and determine the terms and conditions of employment, including the duration whether as a continuous contract or short-term, so long as it does not contravene the Employment Act (Cap 278). The same Act also clearly provides definitions regarding the rights and obligations of both parties in the contract of service. Failure by an employer to provide a written contract of service is an offence and may be subject to a compound fine not exceeding $1,000.00, or may be brought before the Court and if convicted, may be subject to a fine not exceeding $3,000.00, imprisonment for a term not exceeding one year or both as provided under Chapter 27 of the Employment Act (Cap 278).

In relation to termination of service, it is subject to the contract of service. If notice of termination of service is not contained in the Contract of Service, it is determined based on the period of service as provided by the Act, namely under Chapter 22(3), with the minimum notice period as follows:

Period of ServiceMinimum Notice Period
Less than 26 weeks1 day
26 weeks to less than 2 years1 week
2 years to less than 5 years2 weeks
5 years or more4 weeks

If the notice period is not stated in the contract, both parties may terminate the contract by paying salary in lieu of notice.

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