Section 1
Commencement: 15th May 1974 s.81174 5.178174
This Act may be cited as the Employment In forma-Short title tion Act.
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Employment Information Act is Brunei Act, cited as Act 99 1974, currently marked in force and first recorded in 1974.
CAP. 99 1
REVISED EDITION 1984
CHAPTER99
EMPLOYMENT INFORMATION
Opening note
Commencement: 15th May 1974 s.81174 5.178174
This Act may be cited as the Employment In forma-Short title tion Act.
In this Act
·'
"Commissioner" means the Commissioner of
Labour;
"contract of service" means any agreement, whether in writing or oral, express or implied, whereby one person agrees to en1ploy another as an employee and that other person agrees to serve his employer as an employee and includes an apprenticeship contract or agreement;
"employee" includes any person who works in any capacity whatsoever, whether under a contract of service or otherwise, with or without salary and whether in or outside the premises where the pro-fession, business, trade or work of the employer is carried on;
"employer" includes any person or body of per-sons who or which is defined to be an employer
Interpret-ation under the Labour Act.
Cap. 93
The Commissioner may by notification in the Returns
Gazette require any employer or class of employers to for-ward to the Commissioner at such time or times as may be specified in the notification a return in such form or forms as may be approved by the Commissioner giving the particu-
3
B.L.R.O.l/1984
4
Commission-er may call for further returns
Power to call for returns, books etc.
Employment Information
Iars and information prescribed therein, and any such em-ployer shall furnish particulars and information so pre-scribed.
Copies of such forms shall be supplied to em-ployers free of charge on application to the Commissioner.
No person shall be bound to furnish any particu-lars or information other than such as are accessible to him in the course of or derivable from any profession, business, trade, or work in the conduct or supervision of which he is engaged.
The Commissioner may give notice in writing to any employer when and as often as he thinks necessary requiring the employer to furnish within a reasonable tin1e stated in such notice fuller or further returns respecting any matter as to which a return is required by or under this Act.
Such requisition may specify-
the form in which and the time within which the particulars and information are to be fur-nished;
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the place or manner at which or in which the particulars and information are to be delivered.
For the purpose of obtaining full information in re-spect of any employer's employees the Commissioner may give notice in writing to any such employer requiring him within the time stated in such notice to complete and deliver to the Commissioner any return specified in such notice and in addition or alternatively requiring him to attend personal-ly before him and to produce for examination any hooks,
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Employment Information documents, accounts and returns which the Commissioner may deem necessary.
5 6.
All returns made under this Act may, if posted m Free postage
Brunei in envelopes marked
"Employment Information Return" be sent free of postage to the Commissioner of Labour.
Requisitions issued under sections 4 and 5 of this Act may be served in the following manner -
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where the employer is an individual person, the requisition may be delivered to him or left with some adult member of his family (other than a servant) residing with him in Brunei or sent to him by registered post at his place of residence or busi-ness or other postal address:
if the individual on whom service is to be effected has an agent in Brunei the requisition may be delivered to such agent or sent to him by reg-istered post in the manner aforesaid;
where service is to be effected on an unin-corporated firm or partnership the requisition may be delivered -
to any one or more of the partners; or
at the principal place in Brunei of the firm or partnership, to any person having at the time of service the control or management of such firm or partnership;
or sent by registered post addressed to the firm or partnership at its principal place of business in
Brunei;
Services of requisitions
6
Penalties
LA W.S OF BRUNEI
Employment Information
where service is to be effected on a company or corporation the requisition may be -
left at the registered office (if any) of the com-pany or corporation in Brunei;
delivered to any director, manager or secret-ary of the company or corporation in Brunei or to any person having on behalf of the com-pany or corporation powers of control or man-agement over the business, occupation, work or matter to which the requisition relates;
sent by registered post addressed to the com-pany or corporation at its principal office wherever situated.
Any employer who without lawful excuse (the proof whereof shall lie on him) -
wilfully refuses or neglects to furnish the particulars or information required within the time allowed for furnishing the same, or to furnish the same in the form specified or prescribed, or to authenticate the same at the place or in the manner specified or prescribed for delivery thereof; or
wilfully furnishes or causes to be furnished any false particulars of information in respect of any matter specified in the notice requiring par-ticulars of information to be furnished; or
refuses to answer, or wilfully gives a false answer to any question necessary for obtaining any information or particulars required to be furnished under this Act;
shall be guilty of an offence: Penalty, a fine of $2,500 and imprisonment for 6 months, and in the event of a continuing offence a further fine of $50 for every day during which the
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Employment Information offence continues, and in respect of false particulars, in-formation and answers, the offence shall be deemed to con-tinue until true particulars, information or answers have been furnished or given.
A certificate under the hand of the Commission-er stating that such returns have not been furnished or are incorrect shall be sufficient prima facie evidence of the facts stated in such certificate.
No return of particulars or information and no part of a return furnished and no answer to any question put for the purposes of this Act shall without the previous con-sent in writing of the person having the control, manage-ment or superintendence of the profession, business, trade or work in relation to which the return or answer was fur-nished or given, be published nor, except for the purposes of collecting and preparing statistics or for the purposes of a prosecution under this Act or for such other purposes as may be prescribed shall any person be permitted to see any individual return or any such part of an individual return.
Every person engaged in connection with the col-lection, preparation or publication of statistics or in connec-tion with any other purpose prescribed under subsection (1)
shall be required to make a declaration in the prescribed form that he will not disclose or, except for such purposes make use of the contents of any such part of an individual return or any such answer as aforesaid; and any person who knowingly acts in contravention of any declaration which he has so made shall be guilty of an offence: Penalty, imprison-ment for one year and a fine of $5,000.
In any report, summary of statistics, or other publication prepared under this Act with reference to any trade or industry, the particulars comprised in any return shall not, without the previous consent in writing of the person having control, management or superintendence of the profession, business, trade or work to which particulars 7
Returns not to be published or disclosed
8
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Power to make regulations
Employment Information relate, be disclosed in any manner whatever, or arranged in any way which would enable any person to identify any particulars so published as being particulars relating to any individual person or business.
If any person, having possession of any informa-tion which to his knowledge has been disclosed in con-travention of the provision of this section, publishes or com-municates to any other person any such information, he shall be guilty of an offence: Penalty, imprisonment for one year and a fine of $5,000.
In particular and without prejudice to the gener-ality of the foregoing power, such regulations may -
require employers of any class of employees to maintain registers and records of their em-ployees and prescribe the forms and contents thereof;
regulate the method of collecting statistics, the staff to be employed in connection therewith;
the duties to be performed, and the publications (if any) to be issued;
prescribe the forms in which, the times and places at, and the manner in which particulars or information shall be furnished, and the manner in which the same shall be authenticated, and any other thing which under this Act is required to be prescribed;
exempt from the obligation to furnish par-ticulars or information under this Act, either whol-ly or to the prescribed extent, and either uncon-Employment Information ditionally or subject to the prescribed conditions, any employer or class of employers.
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