Employment Act · 2026 Revised Edition · Part · Immigrant Employees
112. Employment of immigrant employees
Official textFrom Attorney General's Chambers, unchanged
No person shall knowingly employ any immigrant employee unless he has obtained a licence from the Commissioner to do so in such form and subject to such conditions as the Commissioner may determine:
immigrant employee
“immigrant employee” means any employee who is normally resident outside Brunei Darussalam who has come to Brunei Darussalam for the purpose of performing work in Brunei Darussalam;
Provided that where an immigrant employee is found at any premises or place and is in possession of any tools or other implements or is engaged in any activity which may give rise to the inference that he is doing any work, the occupier of such premises or place shall, until the contrary is proved, be presumed to have employed him knowing that he is an immigrant employee.
Any employer who contravenes the provisions of subsection (1) and any immigrant employee found working for such an employer are each guilty of an offence and liable on conviction to a fine of not less than $6,000 and not exceeding $10,000, imprisonment for a term of not less than 6 months or not more than 3 years or both.
employer
“employer” means any person who employs another person under a contract of service and includes — (a) the Government, in respect of such categories, classes or descriptions of public officers or employees of the Government as are declared by the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, to be employees for the purposes of this Act; (b) any statutory body; (c) the duly authorised agent or manager of the employer; (d) the person who owns or is carrying on or for the time being responsible for the management of the profession, business, trade or work in which the employee is engaged;
In this section —
“construction work” means construction, reconstruction, maintenance, repair, alteration or demolition of any building,
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harbour, dock, pier, canal, sewer, drain, well, telegraphic or telephonic installation, electrical undertaking, gasworks, waterworks or other work of construction, as well as the preparation for or laying the foundation of any such work or structure;
“employer” includes a person who has entered into an engagement for money or money’s worth for another person to work where —
that other person is already under a contract of service with an employer (as defined in section 2) and in respect of whom a licence has been obtained by employer from the Commissioner under subsection (1); or
that work is at piece rates or on commission, whether or not as the result of an arrangement with an employer (as defined in section 2);
“occupier”, in relation to any premises or place, includes —
the person having the charge, management or control of either the whole or part of the premises or place, either on his own account or as an agent; and
a contractor who is carrying out building operations or construction works at the premises or place on behalf of some other person.
Terms defined in s 2
Commissioner
Defined · s 2“Commissioner” means the Commissioner of Labour appointed under section 3(1);
contract of service
Defined · s 2“contract of service” means, subject to section 10, any agreement, whether in writing or oral and whether express or implied, whereby one person agrees to employ another as an employee and that other agrees to serve him as an employee, and includes a contract of apprenticeship;
contractor
Defined · s 2“contractor” means any person who contracts with a principal to supply labour or to carry out the whole or any part of any work undertaken by the principal in the course of or for the purposes of the principal’s trade or business;
employer
Defined · s 2“employer” means any person who employs another person under a contract of service and includes — (a) the Government, in respect of such categories, classes or descriptions of public officers or employees of the Government as are declared by the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, to be employees for the purposes of this Act; (b) any statutory body; (c) the duly authorised agent or manager of the employer; (d) the person who owns or is carrying on or for the time being responsible for the management of the profession, business, trade or work in which the employee is engaged;
immigrant employee
Defined · s 2“immigrant employee” means any employee who is normally resident outside Brunei Darussalam who has come to Brunei Darussalam for the purpose of performing work in Brunei Darussalam;
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