Employment Act · 2026 Revised Edition · Part · Complaints and Inquiries
134. Employee’s remedy when employer about to abscond
Official textFrom Attorney General's Chambers, unchanged
If any employee complains to the Court of a Magistrate that he has reasonable grounds for believing that his employer, in order to evade payment of his salary due to him, is about to leave Brunei Darussalam, the court may summon such employer and direct him to show cause why he should not be required to give security by bond to remain in
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;
Brunei Darussalam until such salary is paid.
salary
“salary” means all remuneration including allowances payable to an employee in respect of work done under his contract of service, but does not include — (a) the value of any accommodation or the supply of any food, fuel, electricity, water or medical attendance, or of any amenity or service excluded by order of the Minister published in the Gazette; (b) any contribution paid by the employer on his own account to any pension fund or provident fund; (c) any travelling allowance or the value of any travelling concession; (d) any sum paid to the employee to reimburse him for special expenses incurred by him in the course of his employment; (e) any gratuity payable on discharge or retirement; and (f) any retrenchment benefit payable on retrenchment;
If after hearing the evidence of the employer, the court decides that such bond shall be given, the court may order him to give security by bond in such sum as the court considers reasonable that he will not leave
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;
Brunei Darussalam until the court is satisfied that all the claims of such employee against him for salary have been paid or settled.
If the employer fails to comply with the order to give security, he shall be detained in prison until arrangements have been made to the satisfaction of the court for settling the claims of the employee.
However —
the employer shall be released at any time by the court —
on security being furnished;
on payment of all or such part of the salary as the court considers reasonable; or
on the presentation of a bankruptcy petition by or against him; and
the period of such detention shall not exceed 3 months.
Employment
The bond to be given by an employer shall be a personal bond with one or more sureties, and the penalty for breach of the bond shall be fixed with due regard to the circumstances of the case and the means of the employer.
If on or after a complaint by any employee under subsection (1)
it appears to the court that there is good ground for believing that the employer has absconded, is absconding or is about to abscond, the court may issue a warrant for the arrest of the employer and he shall be detained in custody pending the hearing of the complaint unless he provides security to the satisfaction of the court.
For the purposes of this section, a certificate signed by the
Commissioner and issued to the court to the effect that the salary claimed has been paid or settled shall be sufficient evidence of the payment or settlement thereof.
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);
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;
salary
Defined · s 2“salary” means all remuneration including allowances payable to an employee in respect of work done under his contract of service, but does not include — (a) the value of any accommodation or the supply of any food, fuel, electricity, water or medical attendance, or of any amenity or service excluded by order of the Minister published in the Gazette; (b) any contribution paid by the employer on his own account to any pension fund or provident fund; (c) any travelling allowance or the value of any travelling concession; (d) any sum paid to the employee to reimburse him for special expenses incurred by him in the course of his employment; (e) any gratuity payable on discharge or retirement; and (f) any retrenchment benefit payable on retrenchment;
Part