Employee Trust Act Formerly Known as Tabung Amanah Pekerja Act · 2026 Revised Edition · Part · Preliminary
5. Appointment of inspectors
Official textFrom Attorney General's Chambers, unchanged
The Board may, with the approval of His Majesty the Sultan and
Board
“Board” means the Tabung Amanah Pekerja Board established under section 3 of the Tabung Amanah Pekerja Board Act;
Yang Di-Pertuan, appoint such number of inspectors as it may consider necessary for carrying this Act into effect.
The Commissioner of Labour and Deputy Commissioners of Labour, Assistant Commissioners of Labour under the Employment Act
(Chapter 278) may exercise all or any of the powers of an inspector for the purposes of this Act.
In the course of an inspection, an inspector or any of the officers referred to in subsection (2) may at any reasonable time —
enter any premises or place where he has reasonable cause to believe that a person is employed therein;
examine, either alone or in the presence of any other person with respect to any matters under this Act or which he may reasonably require information, any person whom he has reasonable cause to believe to be or to have been an employee or an employer, and require every such person to be examined, and for the purposes of such examination may summon any such person to attend at the place and time specified in such summons;
put questions concerning employees to their employers or to any person who may be in charge of them, or to the employees themselves, or to any other person whom he may consider desirable to question and the employers or employees or other person shall be legally bound to answer the questions truthfully to the best of his ability;
require any employer to produce before him all or any of the employees employed by him together with any contract of service, book of account of salary, register and other document concerning employees of their employment and to answer such questions relating thereto as he may think proper to ask;
Employee Trust
require any employer to produce for his inspection the audited statements of accounts of his undertaking and other records relating to the accounts and to answer such questions relating thereto as he may think proper to ask; and
make copies of any book, document or paper required to be produced under paragraph (d) or (e) and take possession of such book, document or paper when in his opinion —
the copying thereof cannot reasonably be performed without taking possession;
the book, document or paper may be tampered with unless possession is taken; or
the book, document or paper may be required as evidence in any proceedings for an offence under this
Act or in any proceedings for the recovery of any monies due to the Trust.
If any person —
wilfully delays an inspector or any of the officers referred to in subsection (2) in the exercise of any power under this section;
fails to —
comply with the requisition of an inspector or any such officer in pursuance of this section; or
produce any records, certificate, notice or document which he is required by or in pursuance of this section to produce; or
wilfully —
withholds any information as to who are the employees of any employer or as to who is the employer of any employee; or
conceals or prevents or attempts to conceal or prevent a person from appearing before of being examined by an inspector or such officer,
Employee Trust 12
that person is deemed to obstruct an inspector or that officer in the execution of his duties under this Act.
Any person who obstructs an inspector or any of the officers referred to in subsection (2) is guilty of an offence.
Terms defined in s 2
Board
Defined · s 2“Board” means the Tabung Amanah Pekerja Board established under section 3 of the Tabung Amanah Pekerja Board Act;
contract
Defined · s 2“contract” means any contract, whether written or oral, and whether expressed or implied;
employee
Defined · s 2“employee” means any person being a citizen or permanent resident of Brunei Darussalam, who is employed under a contract of service or apprenticeship or other agreement to work for an employer: Provided that the Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, by an order signified in the Gazette, declare any person or class of person not to be an employee for the purposes of this Act; Employee Trust 8
employer
Defined · s 2“employer” means the person with whom an employee has entered into a contract of service or apprenticeship, and includes — (a) any person, company, association or body of persons, whether or not statutory or incorporated by whom an employee is employed; (b) the owners of any vessel on which an employee is employed; (c) any manager, agent or person responsible for the payment of wages to an employee on behalf of an employer; (d) any foreign mission in Brunei Darussalam; (e) the Government in respect of such categories, classes or descriptions of officers or employees of such Government as may from time to time be declared by the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, by notification published in the Gazette, to be employees for the purposes of this Act: Provided that no such officer or employee employed by or on behalf of the Government shall be personally liable for anything done or omitted to be done by him as an officer or employee of such Government in good faith;
Part
Contributions to Trust
Part
Withdrawal of Contributions
Part
Offences, Penalties and Proceedings
Part