Section 134
Employee’s remedy when employer about to abscond
(1)
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
Brunei Darussalam until such salary is paid.
(2)
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
Brunei Darussalam until the court is satisfied that all the claims of such employee against him for salary have been paid or settled.
(3)
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.
(4)
However —
(a)
the employer shall be released at any time by the court —
(i)
on security being furnished;
(ii)
on payment of all or such part of the salary as the court considers reasonable; or
(iii)
on the presentation of a bankruptcy petition by or against him; and
(b)
the period of such detention shall not exceed 3 months.
Employment
B.L.R.O. 2/2026 89
(5)
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.
(6)
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.
(7)
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.