Brunei Employment Law

The week shall mean a continuous period of 7 days commencing at midnight on Sunday. The hours of work shall not be more than 8 hours a day or more than 44 hours a week. An employee shall not be allowed to work for more than 6 hours without a break in a day.

• • • Employees who are engaged in work of continuous nature is allowed to work more than 8 hours in a day provided they receive a break(s) of not less than 45 minutes in aggregate;
    • Where the number of hours of work on one or more days of the week is less than 8, the limit of 8 hours may be exceeded on the remaining days of the week, in a manner that no employee shall be required to work for more than 9 hours in one day or 44 hours in one week;
    • Where the number of days on which the employee is required to work in a week is not more than 5 days, the limit of 8 hours in one day may be exceeded so that no employee shall be required to work more than 9 hours in one day or 44 hours in one week; and
    • Where the number of hours of work in every alternate week is less than 44, the limit of 44 hours in one week may be exceeded in the other week so that no employee shall be required to work for more than 48 hours in one week or for more than 88 hours in any continuous period of 2 weeks. 

Part-time employees are those employees who are required under their contract of employment with an employer to work for less than 30 hours a week.

An employee shall not be allowed to work for more than 12 hours (inclusive of overtime) in a day unless an emergency exists. Employment Order of 2009, § 65 and 88.

Shift Work

An employee who is engaged in shift work shall not work for more than an average of 44 hours in a week over any continuous period of 3 weeks. An employee is not allowed to work for more than 12 hours a day(inclusive of overtime) under any circumstances in case of shift work.

The consent given by an employee for shift work shall not be valid unless he has been informed of – 

• • • • the times at which the hours of work begin and end; 
      • the number of working days in each week; and
      • the weekly rest day.  

Employment Order of 2009, § 67.

Any work performed beyond the standard working hours is considered overtime. An employee cannot work for more than 12 hours in a day inclusive of overtime, except in situations such as accidents, work essential to the life of the community, work essential for national defense or security, etc.

An employee is allowed to work up to a limit of 72 hours of overtime in a month. However, this limit may be exceeded if approval has been granted by the government authority.

Pay – An employee shall be paid 1.5 times the hourly basic rate of pay for overtime work. For the purpose of calculating the payment due for overtime to an employee, the hourly basic rate of salary shall be calculated in accordance with the following formula – 

• • • In the case of an employee employed on a monthly rate of pay – 12 x the employee’s monthly basic rate of salary divided by 52 x 44 hours; and
    • In the case of an employee employed on piece rates  – the total weekly salary at the basic rate of salary received divided by the total number of hours worked in the week.
    • In the case of shift work, an employee shall not be allowed to work for more than 12 hours in a day inclusive of overtime under any circumstances. But, in cases where an employee at the request of the employer performs work for more than an average of 44 hours in a week over any continuous period of 3 weeks shall be paid at the overtime rate (1.5 times of hourly rate of pay).

Employment Order of 2009, § 65(2) – 65(9). 

An employee shall not be allowed to work for more than 6 hours without a break. Employees who are engaged in work of continuous nature are allowed to work for more than 8 hours in a day provided they receive a break(s) of not less than 45 minutes in aggregate. Employment Order of 2009, § 65 and 88. 

Rest Day

An employee is entitled to 1 day of rest each week which shall preferably be a Sunday or any other day as the employer may determine for the employee. Employees who are engaged in shift work shall be provided with a break consisting of a continuous period of 30 hours as a rest day per week.

In the case of an employee who is engaged in shift work – if a period of 30 hours commencing any time before 6 pm on a Sunday is substituted as a rest day, then it shall be assumed to have been granted within that week. This is irrespective of the fact that such a period of 30 hours ends after that week.

For work performed on request of Employee

An employee who works on a rest day at his own request shall be paid for that day in the below manner:

• • • When an employee’s period of work does not exceed half of his normal work hours – the employee is entitled to pay for half a day’s work.
    • When an employee’s period of work is more than half but does not exceed the total normal work hours in the day – the employee shall be entitled to pay for one day of work.

For Work Performed on request of Employer

An employee who works on a rest day at his employer’s request shall be paid for that day in the below manner:

• • • If work on rest day does not exceed half his normal hours of work – the regular rate of pay for one day’s work. 
    • If the period of work is more than half but does not exceed his normal hours of work – the basic rate of pay for 2 days’ work.

Compensation for Overtime Work performed on a Rest Day

An employee who works at his own request in excess of normal hours of work for one day is entitled to –

• • • Basic pay for one day’s work; and 
    • 1.5 times the hourly basic rate of pay for each hour which exceeds the normal working hours for one day.

An employee who works at the request of his employer in excess of normal hours of work for one day is entitled to –

• • • The basic rate of pay for 2 days’ work and;
    • 1.5 times his hourly basic rate of pay for each hour or part thereof that the period of work exceeds his normal hours of work for one day.

Employment Order of 2009, § 63 and 64.