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LABOUR ACT (CHAPTER 93) LABOUR (IMMIGRANT WORKERS' EMPLOYMENT LICENCES) RULES

LABOUR ACT

(CHAPTER 93)

LABOUR (IMMIGRANT WORKERS’ EMPLOYMENT LICENCES) RULES

S 159/71

Amended by

S 6/79

REVISED EDITION 2002

(15th April 2002)

Labour

SUBSIDIARY LEGISLATION

LABOUR (IMMIGRANT WORKERS’ EMPLOYMENT LICENCES) RULES

ARRANGEMENT OF RULES

Rule

1. Citation.

2. Form and conditions of Licence to employ immigrant workers.

3. Application for licence to employ immigrant workers.

SCHEDULE — LICENCE TO RECRUIT AND EMPLOY IMMIGRANTWORKERS

__________________________

SUBSIDIARY LEGISLATION

Rules under section 121

LABOUR (IMMIGRANT WORKERS’ EMPLOYMENT LICENCES) RULES

Citation.

1. These Rules may be cited as the Labour (Immigrant Workers’Employment Licences) Rules.

Form and conditions of Licence to employ immigrant workers.

2. A licence to employ immigrant workers in accordance with section118 of the Labour Act shall be in the form of the Schedule to these Rules andshall be subject to the conditions stated therein:

Provided that the Commissioner of Labour may exempt any employer from any orall of the said conditions.

Application for licence to employ immigrant workers.

3. Every application for such licence shall be made to theCommissioner and shall be in such form as the Commissioner may require.

SCHEDULE

(rule 2)

LICENCE TO RECRUIT AND EMPLOY IMMIGRANT WORKERS

(section 118 of the Labour Act, Chapter 93)

Licence No.: ......................................

Name of Employer: ................................................................................................................... Address and Telephone Number of Employer: ........................................................................................................................................................................................................ Industry:.................................................................................................................................. having undertaken to observe the conditions stated below, is hereby licensed to employ not more than ...................... immigrant workers as described in the Schedule hereto, as and when they shall have been duly permitted to engage in employment in Brunei Darussalam in accordance with the provisions of the Immigration Act (Chapter 17).

..................................................................

Brunei Darussalam .............................. 20 ..........

CONDITIONS

1. The Employer undertakes to indemnify the Government of Brunei Darussalam against incurring any expenses whatsoever in connectionwith the entry, subsistence, housing, medical care or repatriation of theworkers.

In earnest of which further undertakes, if required to do so by theCommissioner of Labour to deposit give security in a sum not exceeding $ for each worker, against liability for such expenses.

2. The Employer undertakes to notify the Commissioner of Labour in writing within 48 hours of the termination of the employment of any immigrant worker.

3. Immigrant workers employed under this Licence shall be engaged on written contracts under Chapter V of the Labour Act and shall havetheir contracts presented to the Commissioner for attestation in accordance withsection 22 of the Labour Act.

[S 6/79]

4. The following conditions shall be deemed to be implied in everyagreement with an immigrant worker employed under this licence —

(1) The Employer undertakes to provide the worker with work suited to hiscapacity at not less than the prevailing wage for the particular type of work onwhich he is engaged.

(2) The Employer will provide the worker and his dependants residing with him in Brunei Darussalam with housing, sanitary measures and medical care and attention (including maintenance and treatment in hospital) in the manner required by Chapter X of the Labour Act, and the said Chapter shall be deemed to apply to every place of employment where an immigrant worker is employed.

(3) The Employer will, if requested, provide the worker free of charge withfacilities to make remittances to his family in the country of origin or at theplaces of engagement.

(4) The employer will, on termination of employment in the case of immigrant workers from Malaysia, repatriate them to the place of engagement if recruited outside Brunei Darussalam or if engaged locally, transport them to the Brunei Darussalam immigration post on the border of their country provided that the Commissioner may exempt the employer from repatriation and transport obligations at the request or with the consent of the worker in accordance with section 27(4) and 27(5) or section 97 of the Act.

[S 6/79]

(5) The employer will ensure in all cases of employment of immigrantworkers, that their documents for entry and employment in Brunei Darussalam arevalid at the time of engagement and during employment.

5. This licence shall be liable to forfeiture —

(1) In the event of failure to observe any of these conditions; or

[S 6/79]

(2) In the event of the Employer being convicted of an offence under the Immigration Act, (Chapter 17) or any written law regulating conditions of employment; or

(3) In the event of the employer being guilty of conduct which in the opinion of the Commissioner renders him no longer a fit and proper person to hold it.

[S 6/79]

..................................................................

(Place and date) .................................. 20 ...........

SCHEDULE