Employment Act · 2026 Revised Edition · Part · Repatriation
114. Rights and obligations in respect of repatriation
Official textFrom Attorney General's Chambers, unchanged
Every immigrant employee who is a party to a contract of service under this Act and who has been brought to Brunei Darussalam by an employer or by any person acting on behalf of the employer shall have the right to be repatriated at the expense of the employer to his place of origin or to the place of engagement, if the latter be nearer to the place of employment and if the law of the place of engagement permits, in the following cases —
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;
on the termination of the contract of service by expiry of the period for which it was made;
Employment 76
on the termination of the contract of service by reason of the inability of the employer to fulfil the contract of service;
on the termination of the contract of service by reason of the inability of the employee to fulfil the contract of service owing to sickness or accident;
on the termination of the contract of service by notice and subject to the provisions of the particular contract of service and
Part 2;
on the termination of the contract of service under section 17;
on the termination of the contract of service by agreement or contract between the parties, unless the Commissioner otherwise decides.
Every immigrant employee who is ordered to leave
Brunei Darussalam under or in accordance with any provision of any written law shall be repatriated at the expense of the employer to his place of origin or to the place of engagement, if the latter be nearer to the place of employment and if the law of the place of engagement so permits.
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;
Where any dependant of the immigrant employee has been brought to the place of employment by the employer or by any person acting on behalf of the employer, such dependant shall be repatriated at the expense of the employer whenever the employee is repatriated or in the event of his death.
dependant
“dependant” means the following members of an employee’s family — (a) the wife; (b) the husband; (c) the father; (d) the mother; and (e) any child and any adopted child, living with or dependent on him;
The expenses of repatriation shall include —
repatriation
“repatriation” means the return of an employee to his country of domicile or origin, and includes the return to his house of an employee who has been brought to a place of employment by an employer from any other place within Brunei Darussalam;
travelling and subsistence expenses during the journey;
any subsistence expenses during the period between the date of termination of the contract of service and the date of repatriation; and
provision for interment and the payment of the reasonable expenses of burial in the event of death of an employee occurring during the course of, or pending, repatriation.
Employment
The employer is not liable for subsistence expenses in respect of any period during which the repatriation of the employee has been delayed —
employee
“employee” means a person who has entered into or who works under a contract of service with an employer, and includes a workman and any public officer or employee of the Government included in a category, class or description of such officers or employees 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 or any Part thereof; but does not include any seaman, domestic worker or any person employed in a managerial, executive or confidential position or any person belonging to any other class of person whom the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, may by notification published in the Gazette, declare not to be employees for the purposes of this Act;
by the employee’s own choice; or
for reason of force majeure, when the employer has been able during such period to use the services of the employee at the gross rate of pay stipulated in the expired contract of service.
If the employer fails to fulfil his obligation in respect of repatriation, the obligation shall be discharged by or under direction of the
Commissioner, and any sums so expended may be recovered from the employer by civil suit as a debt due to the Government.
Commissioner
“Commissioner” means the Commissioner of Labour appointed under section 3(1);
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;
dependant
Defined · s 2“dependant” means the following members of an employee’s family — (a) the wife; (b) the husband; (c) the father; (d) the mother; and (e) any child and any adopted child, living with or dependent on him;
employee
Defined · s 2“employee” means a person who has entered into or who works under a contract of service with an employer, and includes a workman and any public officer or employee of the Government included in a category, class or description of such officers or employees 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 or any Part thereof; but does not include any seaman, domestic worker or any person employed in a managerial, executive or confidential position or any person belonging to any other class of person whom the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, may by notification published in the Gazette, declare not to be employees for the purposes of this Act;
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;
gross rate of pay
Defined · s 2“gross rate of pay” means the total amount of money including allowances to which an employee is entitled under his contract of service either for working for a period of time, that is, for one hour, one day, one week, one month or for such other period as may be stated or implied in his contract of service, or for each completed piece or task of work but does not include — (a) additional payments by way of overtime payments; (b) additional payments by way of bonus payments or annual salary supplements; (c) any sum paid to the employee to reimburse him for special expenses incurred by him in the course of his employment; (d) productivity incentive payments; and (e) travelling, food or housing allowances: Provided that in the case of employee on piece rates, the ordinary rate of pay shall be calculated by dividing the period of 14 days immediately preceding the day on which the rate of pay is required to be calculated by the number of days on which such employee actually worked during such period;
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;
place of employment
Defined · s 2“place of employment” means any place where work is carried on, for or on behalf of an employer, by an employee;
repatriation
Defined · s 2“repatriation” means the return of an employee to his country of domicile or origin, and includes the return to his house of an employee who has been brought to a place of employment by an employer from any other place within Brunei Darussalam;
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