What employer forms exist in Brunei, and which administrative bodies are responsible for them?

In Brunei, private companies, government or statutory employers and private households act as employers. Depending on the case, the registry, employment service, labour department, workplace safety authority, employee trust fund and immigration authority may be involved; there is no general central employer office.

What duties do employers in Brunei have regarding wages, working hours and personnel records?

Employers must properly manage working conditions, wage payments, working hours, rest periods, leave, overtime and permitted deductions. Contracts or letters of appointment, payroll records, attendance and leave records and other employment evidence should be kept traceably.

How do employers in Brunei hire foreign workers?

The employer must generally advertise the position to local applicants for at least two weeks; if local applicants apply, an additional 30-day procedure may apply. A clearance letter, labour approval or foreign-worker licence, sectoral permits, accommodation evidence, visa, medical examination and work pass may then be required.

What workplace-safety duties do employers in Brunei have towards workers?

Employers must assess risks, establish safe work procedures, inform affected persons and keep risk records for at least three years. Depending on the workplace, a safety officer or coordinator, a safety and health committee, first-aid measures and reports to the workplace safety authority may be required.

How do employers in Brunei handle employment and safety disputes?

The employer should document complaints, investigations and disciplinary measures internally in a traceable manner. Employment complaints may be referred to the labour enforcement division, safety matters to the workplace safety authority, and specific union or collective disputes to the applicable statutory route.

Employers in Brunei

Q: Which employers in Brunei have been subject to the minimum wage since 1 April 2025?

The 2025 minimum-wage order applies to businesses in seven listed sectors, including banking and finance, information and communications technology, private higher education, tourism and accommodation, and security services. The minimum basic wage is BND 500 per month for full-time work and BND 2.62 per hour for part-time work below 30 hours per week; groups including government workers, trainees and domestic helpers are excluded.

Employers in Brunei organise employment, hire workers, pay wages and assume duties concerning working hours, records, safety and health. They include private companies, government or statutory employers, and private households acting as employers. Responsibilities are distributed among several bodies, particularly the labour department (Department of Labour), the employment service (JobCentre Brunei), the workplace safety authority (SHENA), the employee trust fund (TAP), the immigration authority and the company and business-name registry (ROCBN). Requirements depend, among other things, on worker category, sector, contract and employer form.

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Employers must organise their employment activities in practical and legal terms. This includes contracts or letters of appointment, wage payments, working hours, rest periods, leave, overtime, maternity records, permitted deductions, and payroll, attendance and personnel records. The competent labour authority may require evidence and cooperation with the labour enforcement division (Labour Enforcement Division). The legal framework includes, among others, the 2009 employment order (Employment Order 2009), the employment act (Employment Act Cap.278), the workers' compensation act (Workmen's Compensation Act Cap.74), the employment information act (Employment Information Act Cap.99), the trade unions act (Trade Unions Act Cap.128) and the trade disputes act (Trade Disputes Act Cap.129). The exact applicable rule depends on the relevant instrument and worker category; the current legal text of the labour department or the Attorney General's Chambers (Attorney General's Chambers) should be checked. Private companies, government or statutory employers, and private households use different administrative routes. There is no single central employer office. The employer's identity is usually connected with registration at ROCBN, the registrar of companies and business names (Registrar of Companies and Business Names). For certain employment and business data, business reporting (Business Reporting) or labour-census information (Labour Census) may be required, including employment-service registration through the ROCBN number. Sectoral licences and permits may also be required before operating or hiring. Establishing a company, however, belongs to entrepreneurship and is not part of the employer subject itself. For hiring local workers, an employer may set up a business account with the employment service, report vacancies and organise applications, placement or interviews. Foreign workers follow a separate administrative route. The position must generally be advertised to local applicants for at least two weeks. If local applicants apply, an additional 30-day procedure may apply. Depending on the case, the process may involve a clearance letter (Clearance Letter), a licence to employ foreign workers (Licence to Employ Foreign Workers) or labour approval (Labour Approval), sectoral permits, confirmation of the business address, accommodation evidence, and documents concerning the passport, qualifications, ROCBN, the employee trust fund and local employees. This may be followed, depending on the procedure, by a visa, medical examination and work pass with a green identity card (Green Identity Card). The official procedural information differs in some respects. The BusinessBN business portal (BusinessBN) states approximately three working days for a clearance letter after due diligence, approximately seven working days for labour approval, and approximately 18 working days in construction. A visa and work pass may take about three to five working days, while the medical examination often takes one to two weeks. After approval, a mandatory inspection may follow after approximately three to six months; in construction, inspections are provided for before and after approval. The Labour-NLMS online submission system (Labour-NLMS) describes online submission, while the business portal requires a registered representative or counter submission for certain procedures. The currently applicable submission route, fees, security deposit, levies and insurance must therefore be confirmed before applying. For foreign workers, the employer must monitor the validity of approvals, the designated workplace and the stated address. In connection with the employment order, particularly sections 112 and 114, a foreign-worker licence and repatriation at the employer's expense may be relevant. Domestic helpers follow a separate route through a domestic helpers licence (Domestic Helpers Licence). Recruitment agencies are regulated; unlicensed recruitment should not be assumed to be permitted. Since 1 April 2025, the minimum-wage order (Employment (Minimum Wage) Order 2025) has applied to businesses in seven listed sectors: architecture; professional engineering services and quantity and land surveying; banking and finance; information and communications technology; medical and dental services; private higher education; tourism and accommodation; and security services. The minimum basic wage there is BND 500 per month for full-time work and BND 2.62 per hour for part-time work below 30 hours per week; allowances do not count towards the basic wage. The rule covers local and foreign workers but excludes, among others, government workers, trainees, persons holding a Professional Visit Visa, a Special Authorisation Work Pass, domestic helpers, informal workers, seafarers and volunteers. An older business-portal notice still states that there is no minimum wage and therefore conflicts with the current rule. The current labour or AGC text is authoritative for the specific classification. Employers must also manage and supervise employment. This includes clear work instructions, schedules, payroll records, performance assessments, disciplinary procedures and traceable investigations. Contracts, payroll records, time or job cards, leave records, warnings, permits and relevant notices should be kept in an orderly manner. Procedures should be conducted objectively, consistently and on the basis of evidence. The currently applicable data-protection requirements for employee personal data must be checked. The workplace safety authority, together with the workplace safety and health act (Workplace Safety and Health Act Cap.277), is responsible for workplace safety and health. Employers, occupiers and workplace operators must assess risks, establish safe work procedures and inform exposed workers or other affected persons. Risk records must be kept for at least three years and reviewed at least every three years and after an accident or significant process change. Safety officers or coordinators are required at certain workplaces. The rules on safety and health committees apply to workplaces where at least 50 people normally work; the committee includes employer and employee representatives. 2025 changes concerning work at height and safety officers may also apply depending on the workplace. Reportable incidents must be reported to the workplace safety authority, and employers must meet the applicable first-aid requirements. The employer must maintain work-accident insurance in accordance with the applicable requirements. In the event of a reportable death, permanent incapacity or incapacity lasting more than three consecutive days, reports and compensation benefits may be required under the workers' compensation rules. Typical documents include the accident form (Form A), the employer's report, a contract or letter of appointment, an identity document or passport, a licence, insurance, payroll records and medical, police or workplace-safety evidence. Employees may organise in registered trade unions under the trade-union legislation. The Commissioner of Labour maintains the register and provides advice in this area. Trade disputes are governed by the applicable trade-dispute legislation. A general works council has not been established for every employer; a safety and health committee serves only as a safety representative body. In conflicts, the employer should first document an internal complaint, investigation and decision. Employment complaints and dispute resolution may be referred to the labour enforcement division, safety matters to the workplace safety authority, and specific union or collective disputes to the applicable statutory route. Restructuring, dismissal, closure, transfer, outsourcing or a change of owners or directors requires a case-specific review. The contract, employment legislation, foreign-worker permits, visas, accommodation, sectoral approvals, registry and business-reporting duties, employee trust fund matters, compensation, safety and final payments may be affected. Depending on the applicable instrument, notifications or approvals may be required. The employer should inform employees about the change and fully secure contracts, working hours, permits, wages and other closing records.

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