Friday 17 November 2023

Brunei: Employment and Occupancy of Amah in Service Family Accommodation (SFA)


Employment and Occupancy of Amah in Service Family Accommodation (SFA) 

References:

A. JSP 464 Tri-Service Accommodation Regulations.

B. Licence to Occupy SFA.

C. BFB Standing Orders No: 8021.

1. General. Employing an Amah in Brunei is classified as ‘Employment of Foreign1 Labour’ by the Bruneian Govt and is regulated by the Ministry of Labour and the Dept of Immigration. Employing an Amah is a private arrangement between the Service Person or UK BC as the ‘employer’ and the Amah as the employee. It is incumbent upon the employer to ensure that the regulations stipulated by the two Govt depts are adhered to – failure to do so could result in a fine up to B$10,000 and imprisonment for a term of not less than six months and not more than three years.

2. Key Legal Requirements. To comply with Bruneian Law, JSP 464 and not breach your licence to occupy the employer is to ensure that following elements are in place:

a. BUR301 – Application for a Licence Recruiting Immigrant Worker (Domestic Help).

b. The Employee is to have an in-date Brunei Identity Card and Employment Pass.

c. A Government endorsed Contract of employment.

d. Employer arranged domestic worker insurance.

e. Amah Bond.

3. Part Time Employment. It is illegal in Brunei for an immigrant worker to engage in part-time, temporary, or casual work – the only contract available in Brunei is for full time work. It is illegal for an immigrant worker to have more than one employer. Any Amah found to be in breach of this law is liable to deportation with the employer facing a fine and or imprisonment. Local (Bruneian Nationals) are allowed to work part time or on a casual basis.

4. Failure to abide by the above rules breaks Bruneian Law, BFB Standing Orders and could lead to disciplinary proceedings being instigated against the head of household.