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Brunei Darussalam

Working Hours and Overtime Regulations

Understand the laws governing work hours and overtime in Brunei Darussalam

Standard working hours

In Brunei Darussalam, the Employment Act establishes limitations on working hours to ensure employee well-being and fair work practices.

The maximum workday for non-shift workers cannot exceed eight hours as per the Employment Act (Section 10(1)). The maximum workweek is capped at 44 hours for a six-day schedule and 40 hours for a five-day schedule (Section 10(1)). This translates to an average of 44 hours per week over any continuous period of three weeks.

It's important to note that specific professions might have different working hour limits established by law or through collective bargaining agreements.

Overtime

In Brunei Darussalam, the Employment Act governs the rules and compensation for overtime work. Overtime is defined as any work performed beyond the limits established in your employment contract or exceeding the legal maximums. The legal limits are eight hours of work per day and 44 hours for a six-day workweek or 40 hours for a five-day workweek. However, specific professions might have different working hour limits established by law or collective bargaining agreements.

Employers are required to compensate employees for overtime work at a premium rate. The minimum overtime pay is a 50% increase on top of the employee's regular hourly wage. In certain situations, such as overtime work on rest days or public holidays, the premium increases to double pay, meaning the employee receives their regular wage plus a 100% premium.

There is a monthly limit on overtime work, with employees allowed to work up to a maximum of 72 hours of overtime in a month. However, exceeding this limit might be permissible in emergencies with special approval from the Commissioner of Labour.

Brunei law also protects employees from misclassification that could deny them overtime pay. Even for employees working outside the employer's premises, if the employer has any means to track their working hours, activities, and daily routine, they are entitled to overtime compensation.

Finally, overtime pay must be paid within 14 days after the last day of the salary period in which it was earned.

Rest periods and breaks

Brunei Darussalam's labor laws mandate specific rest periods and breaks for employees to ensure their well-being and productivity.

Daily Breaks

  • Employers cannot require employees to work for more than six consecutive hours without a break.
  • For employees engaged in continuous work, employers can require up to eight consecutive working hours. However, they must be provided with a break or breaks totaling at least 45 minutes for meals.

Weekly Rest Day

  • Every employee is entitled to one rest day per week, from midnight to midnight. There's flexibility for scheduling:
    • The rest day can be a Sunday or any other day designated by the employer, with notification provided before the month begins.
    • For shift workers, a continuous period of 30 hours can be substituted as a rest day.

Night shift and weekend regulations

Brunei Darussalam's labor laws recognize the challenging nature of night shifts and weekend work. Here are the specific regulations for these situations:

Night Shift

While there aren't readily available regulations outlining specific night shift working hours, the general rule prohibits exceeding six consecutive working hours without a break.

Weekend Work

Employees are entitled to a weekly rest day, which can be substituted with a 30-hour uninterrupted break for shift workers. This implies that weekend work might be required, but with compensatory rest provided.

Important Considerations

The current information available suggests a lack of detailed regulations regarding night shift work and potential weekend work allowances.

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