Warns over unpaid wages to workers

The Department of Labour is taking a firm stand against employers found to have violated Brunei’s Labour laws and is appealing to employees not to hold back complaints to help enforcement officers carry out investigations.

Awang Zulhilmi Hj Abidin, Assistant Commissioner of Labour, Head of Law Enforcement Section, in an interview with Borneo Bulletin said the Labour Department is taking all cases, including labour offences and cases of unpaid wages, very seriously.

“The Law Enforcement Section under the Department of Labour is responsible for the enforcement of the laws including cases involving employers and foreign and local workers. Among the important functions of the section is to ensure the welfare of the workers in the private sector, including domestic helpers, is taken care of.

“Currently the department is taking a number of steps like conducting operations, checks, investigation and prosecution. Last year, the Department of Labour reviewed the Labour Law and replaced the Labour Act 1954 with Employment Order 2009.”

The order, he said, is to create a safe and harmonious environment and to take employment right protection to a higher level in the country following good practices and by taking into account the standards of International Labour Organisation. “In the formulation of the order, we have also taken reference from acts from neighbouring countries like Singapore and Malaysia. In addition, we have also taken reference from International Labour Organisation.

“In general, the Employment Order 2009 is to state the rights and responsibilities of employees and employers, as well as to set requirements for the contract of service that must not be missing as stated in the guideline,” he said.

According to statistics, the Labour Department has received 61 complaints from workers, which involved 35 employers. The workers included domestic helpers and also from various companies in the private sector.

The complaints included unpaid salaries and air ticket claims which amounted to 32 complaints while unpaid salaries totalled 19 and the rest were for extra working hours as well as dismissals without notice and pay cut.

Awg Zulhilmi said, “From 2001-2010, a total of 21 employees have been prosecuted for not paying salaries and this year, another 10 employers are in the process of being prosecuted. Employers who have been convicted based on the offences will be blacklisted against having a foreign employment licence.”

Regarding administrative actions against labour offenders in 2008 and 2009, Awang Zulhilmi said, “A total of 51 employers or their foreign employment licences have been revoked while 74 employers or their quotas for hiring foreign workers have been cut after they were found to have violated the labour law.”

From January until July 2010, the Law Enforcement Section of the Labour Department has carried out more than 300 operations, checks, investigations and surveillance to enforce the laws and regulations of the Labour Department as well as to make sure that the welfare of the workers- in the private sector is taken care of.

Speaking about the challenges while investigating cases, Awang Zulhilmi said, “We have received cases dating back to many years where the employers have gone bankrupt and the workers have gone back to their countries of origin. The evidence may not be strong and this will add to the complexity of the case.

“We would like to advice workers to report any complaints as soon as possible by contacting the enforcement hotline at 2381848,” he said.

He warned Labour law offenders that under chapter 39 (1) of the Employment Order 2009, employers who fail to pay the salary of their employees in seven days from the date stated will face a maximum fine of $3,000 or one-year imprisonment and the licence to employ foreign workers will be revoked or terminated. While under chapter 112 (1) the Labour Employment Order, anyone found guilty of hiring foreign workers without permission will face a minimum fine of $6,000 and a maximum of $10,000 or jail for six months and not more than three years.

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