Section 33
of Labour Act
Section 33
When a contract made in another territory (in this section referred to as the territory of origin) relates to employment in Brunei Darussalam —
(a)
if such territory of origin has enacted laws substantially the same as this Chapter and all the provisions of such laws have been complied with prior to worker leaving such territory of origin, then —
Labour
p. 31
(i)
the endorsement of a transfer on a contract shall be made by the Commissioner as provided in section 26;
(ii)
the conditions under which the contract is subject to termination shall be determined by the provisions of this Act and any rules made thereunder;
(iii)
if the employer fails to fulfil his obligations in respect of repatriation the said obligations may be discharged by the Commissioner as provided in section 96 and such expenses may be recovered from the employer as a debt due to the Government;
(iv)
the authority which may exempt the employer from liability for repatriation expenses and exercise any other powers conferred upon a competent authority in the territory of origin shall be the Commissioner;
(v)
the
Commissioner shall co-operate with the appropriate authority of the territory of origin to ensure the application of the provisions of subsection (2) of section 98;
(vi)
the duration stipulated in any re-engagement contract shall not exceed either the maximum period allowed by the law of the territory of origin, which ever is less;
(b)
If such territory has not enacted laws substantially the same as this Chapter or has not complied with any provisions of the law in respect of any contract then the whole of the provisions of this
Chapter or such portion thereof as has not been complied with shall be complied with immediately upon the arrival of the worker in
Brunei Darussalam and thereafter the provisions of this Chapter shall be deemed to apply mutatis mutandis as if such contract had been entered into in Brunei Darussalam.
Penalties.