All Comments

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. Following its previous comments, the Committee notes the Government’s indication in its report that, while the National Framework on Child Protection (NFCP) does not contain a stand-alone component dedicated to child labour, it incorporates measures that contribute directly to the identification, prevention and response to instances of child labour.

The Committee notes the Government’s statement that, as part of its broader national child protection strategy and its commitment to eliminating child labour in all of its forms, the Community Development Department (CDD) of the Ministry of Culture, Youth and Sports (MCYS) plays a central role in implementing the NFCP and in responding to cases involving children exposed to exploitative labour conditions.

The Committee further notes that the CDD has identified and addressed cases of children involved in informal work, such as selling goods in public areas, and intervenes by providing legal and ethical guidance to families on the implications of child labour, including in the context of self-employment and family enterprises. It notes the Government’s indication that, where necessary, children are placed in government care facilities that ensure access to education and psychological support.

The Committee also notes the Government’s commitment to safeguarding the rights and well-being of all children and to working in close collaboration with relevant stakeholders, including schools, community organizations, and law enforcement, to prevent the exploitation of minors and uphold national standards for child protection and welfare.

Article 2(1). Scope of application. Self-employment and family undertakings. Following its previous comments, the Committee notes with interest the information provided by the Government indicating that section 103(2) of the Employment Act (Chapter 278), which had previously permitted the employment of children under the age of 15 in industrial undertakings operated by family members, was repealed through an amendment to the Employment Act in 2015. The Committee further notes the Government’s indication that, as a result of this amendment, the employment of children under 15 years in family-run undertakings, self-employment, or any other form of work is now prohibited.

Article 2(3) Age of completion of compulsory education. The Committee notes the Government’s indication that the Compulsory Education Act (Chapter 211) was amended in 2023 to extend the duration of compulsory education to ten years, covering children from the age of 5 to 15 years. The Committee observes that, according to section 2 of the amended Compulsory Education Act, compulsory schooling ends at the age of 15, which is one year earlier than the general minimum age for admission to employment or work, namely 16 years. Referring to its 2012 General Survey on the fundamental Conventions, the Committee observes that if compulsory schooling ends before children are legally entitled to work, a vacuum may arise which regrettably opens the door to the economic exploitation of children (para. 371). The Committee therefore considers it desirable to raise the age of completion of compulsory schooling so that it coincides with the minimum age for admission to employment or work, as provided for in Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146). Recalling that compulsory education is one of the most effective means of combating child labour, the Committee encourages the Government to take the necessary steps to make education compulsory until the minimum age for admission to employment, namely 16 years.

Article 6. Vocational training and apprenticeships. Following its previous comments, the Committee notes the Government’s statement that, under section 2 of the Employment Act (Chapter 278), a “child” is defined as a person who has not attained the age of 15 years, while a “young person” refers to someone aged between 15 and 18 years. The Government indicates that, in line with these definitions, children may be engaged in work that is approved and supervised by the Ministry of Education, the Institute of Technical Education, or any authorized government agency, and carried out in a technical, vocational, or industrial training school or institute. The Government further indicates that only young persons may be employed under apprenticeship programmes approved and supervised by the Institute of Technical Education or any authorized government agency.

The Committee observes, in this respect, that section 107(1)(b) of the Employment Act provides that the employment of young persons under any apprenticeship programme is approved and supervised by the Institute of Technical Education or any authorized government agency.

The Committee further notes from the information provided by the Government that the minimum age of enrolment at the Institute of Brunei Technical Education (IBTE) is typically 17 years and above, in accordance with academic policies and programme requirements. It further notes that IBTE does not accept any individual under the age of 14 to participate in technical, vocational, or industrial training activities conducted or supervised by the institution. The Committee takes note of this information, which addresses its previous request.

Article 7(3). Light work. Following its previous comments, the Committee notes the Government’s indication that no formal regulations have yet been adopted to determine the types of light work activities permitted for persons aged 14 to 16 years, nor to specify the hours and conditions under which such work may be undertaken. The Committee further notes that the Government is currently undertaking a review of these matters with a view to developing and prescribing appropriate regulations in accordance with the Convention. The Committee recalls that, pursuant to Article 7(3) of the Convention, the competent authority shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee expresses the hope that the Government will shortly take the necessary measures to specify the types of light work activities for persons between the ages of 14–16, in addition to the number of hours during which, and the conditions in which, such employment may be undertaken, as required under Article 7 of the Convention.

Article 9(1). Penalties. Following its previous comments, the Committee notes the Government’s indication that no penalties have yet been imposed under section 110 of the Employment Act (Chapter 278). It also notes that the Government, in collaboration with other relevant authorities, undertakes monitoring and inspection of workplaces to ensure compliance with the provisions prohibiting the employment or work of children and young persons. The Committee requests the Government to continue to provide information on the application in practice of section 110 of the Employment Act (Chapter 278), indicating the types of violations detected and the penalties imposed.

Article 9(3).Keeping of registers. Following its previous comments, the Committee notes the Government’s indication that, pursuant to section 120(1)(b) of the Employment Act (Chapter 278), employers may be required to produce contracts of service and registers concerning their employees during inspections. The Committee further notes that these registers, when requested by enforcement officers during inspection operations, include information such as names and dates of birth, thereby enabling the identification of workers under the age of 18. It also notes that this information is recorded in First Information Reports (FIRs) to ensure compliance with labour regulations. The Committee takes note of this information, which addresses its previous request.

The Committee notes that the Government’s report has not been received despite its urgent appeal in 2019. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition
The Committee notes with deep concern that the Government’s report, due since 2017, has not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.
Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee previously noted the adoption of the Brunei Darussalam’s National Vision (Wawasan) 2035, which aims to achieve highly educated, skilled and accomplished people. The Committee notes the adoption of the National Framework on Child Protection towards achieving Brunei Vision 2035, which includes among its objectives that all children and young persons who may need protection are not left behind, including by ensuring an agreed and transparent standard operating procedure across agencies involved in child protection. The Committee requests the Government to indicate if, under the National Framework on Child Protection, measures concerning the elimination of child labour have been taken or envisaged and, if so, to provide information in this regard.
Article 2(1). Scope of application. Self-employment and family undertakings. The Committee previously noted that according to section 9(1) of the Employment Order, 2009, no person under the age of 16 years can enter into a contract or service. The Committee also noted that, under section 103(2), a child (defined by section 2 as a person who has not attained the age of 15 years) may be employed in an industrial undertaking in which only members of the same family are employed. The Committee recalls that the Government specified 16 years as the minimum age for admission to employment or work upon ratification of the Convention. Therefore, the Committee requests the Government to take measures to ensure that only children who have attained the minimum age of 16 years can engage in self-employed activities or work in family undertakings. The Committee requests the Government to provide information in this respect.
Article 2(3) Age of completion of compulsory education. In its previous comments, the Committee noted that section 2 of the Compulsory Education Act (Cap. 211) makes education compulsory from the age of 6 to 15 years. The Committee also noted that, pursuant to section 3(1) (b), only children who are citizens of Brunei Darussalam are covered by the Act. The Committee once again requests the Government to indicate the measures taken to ensure that children who are not citizens are guaranteed compulsory education from the age of 6 to 15 years as other children in the country.
Article 3(2). Determination of hazardous work. The Committee previously noted that according to section 104(2) of the Employment Order, 2009, the Minister of Home Affairs shall declare the industrial undertakings in which no young person (defined by section 2 as persons between the ages of 15 and 18 years) shall be employed. In this regard, the Committee refers to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).
Article 6. Vocational training. The Committee previously noted that according to section 107(1) of the Employment Order, 2009, the prohibition to employ a child below the age of 15 years in industrial undertakings (section 103 of the Order) does not apply to the employment of children in any work approved and supervised by the Ministry of Education, the Institute of Technical Education or any authorised government agency; as well as to work carried out in any technical, vocational or industrial training school or institute. The Committee recalls that, Article 6(1) of the Convention only permits that children who have attained the age of 14 years undertake work for general, vocational or technical education or in other training institutions authorized by the competent authority. Therefore, the Committee once again requests the Government to take the necessary measures to bring section 107(1) of the Employment Order, 2009 in conformity with Article 6(1) of the Convention in order to ensure that no child under the age of 14 years may undertake work for general, vocational or technical education purposes.
Article 7(3). Light work. The Committee previously noted that according to section 103 (3) of the Employment Order, 2009, a child who has attained the age of 14 years may be employed in light work suited to his capacity in an undertaking which is not an industrial undertaking, as defined by section 2 of the Order. The Committee notes that according to section 105 of the Order the Minister of Home Affairs shall prescribe the conditions upon which a child can be employed in non-industrial undertakings. The Committee once again requests the Government to take the necessary measures to determine the types of light work activities permitted for persons between the ages of 14 to 16 years. The Committee also requests the Government to indicate any regulation adopted by the Minister of Home Affairs concerning the number of hours during which, and the conditions in which, light work may be undertaken, as required by Article 7 (3) of the Convention.
Article 9(1). Penalties. The Committee previously noted that section 110 of the Employment Order, 2009 provides that the person who employs a child or young person contravening the Order, and the parent or guardian who knowingly or negligently permits such employment is liable to a fine or imprisonment for up to two years, or both. In cases where a child suffers serious injury or death resulting from such an offence, the offender is liable on a further conviction to a fine and imprisonment for up to two years. The Committee once again requests the Government to provide information on the application in practice of section 110 of the Employment Order, 2009, including information on the number and nature of penalties imposed on the basis of that provision.
Article 9(3). Keeping of registers. The Committee previously noted that, according to section 120(1)(b) of the Employment Order, 2009, in the course of an inspection, the employer may be required to produce, among others, contracts of service and registers concerning any or all of his employees. The Committee once again requests the Government to indicate if the registers or lists required under section 120(1)(b) of the Employment Order, 2009, include information regarding the names and ages or dates of birth of employed persons who are less than 18 years of age, duly certified wherever possible, as required under Article 9(3) of the Convention.

The Committee notes with deep concern that the Government’s report, due since 2017, has not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee previously noted the adoption of the Brunei Darussalam’s National Vision (Wawasan) 2035, which aims to achieve highly educated, skilled and accomplished people. The Committee notes the adoption of the National Framework on Child Protection towards achieving Brunei Vision 2035, which includes among its objectives that all children and young persons who may need protection are not left behind, including by ensuring an agreed and transparent standard operating procedure across agencies involved in child protection. The Committee requests the Government to indicate if, under the National Framework on Child Protection, measures concerning the elimination of child labour have been taken or envisaged and, if so, to provide information in this regard.

Article 2(1). Scope of application. Self-employment and family undertakings. The Committee previously noted that according to section 9(1) of the Employment Order, 2009, no person under the age of 16 years can enter into a contract or service. The Committee also noted that, under section 103(2), a child (defined by section 2 as a person who has not attained the age of 15 years) may be employed in an industrial undertaking in which only members of the same family are employed. The Committee recalls that the Government specified 16 years as the minimum age for admission to employment or work upon ratification of the Convention. Therefore, the Committee requests the Government to take measures to ensure that only children who have attained the minimum age of 16 years can engage in self-employed activities or work in family undertakings. The Committee requests the Government to provide information in this respect.

Article 2(3) Age of completion of compulsory education. In its previous comments, the Committee noted that section 2 of the Compulsory Education Act (Cap. 211) makes education compulsory from the age of 6 to 15 years. The Committee also noted that, pursuant to section 3(1) (b), only children who are citizens of Brunei Darussalam are covered by the Act. The Committee once again requests the Government to indicate the measures taken to ensure that children who are not citizens are guaranteed compulsory education from the age of 6 to 15 years as other children in the country.

Article 3(2). Determination of hazardous work. The Committee previously noted that according to section 104(2) of the Employment Order, 2009, the Minister of Home Affairs shall declare the industrial undertakings in which no young person (defined by section 2 as persons between the ages of 15 and 18 years) shall be employed. In this regard, the Committee refers to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 6. Vocational training. The Committee previously noted that according to section 107(1) of the Employment Order, 2009, the prohibition to employ a child below the age of 15 years in industrial undertakings (section 103 of the Order) does not apply to the employment of children in any work approved and supervised by the Ministry of Education, the Institute of Technical Education or any authorised government agency; as well as to work carried out in any technical, vocational or industrial training school or institute. The Committee recalls that, Article 6(1) of the Convention only permits that children who have attained the age of 14 years undertake work for general, vocational or technical education or in other training institutions authorized by the competent authority. Therefore, the Committee once again requests the Government to take the necessary measures to bring section 107(1) of the Employment Order, 2009 in conformity with Article 6(1) of the Convention in order to ensure that no child under the age of 14 years may undertake work for general, vocational or technical education purposes.

Article 7(3). Light work. The Committee previously noted that according to section 103 (3) of the Employment Order, 2009, a child who has attained the age of 14 years may be employed in light work suited to his capacity in an undertaking which is not an industrial undertaking, as defined by section 2 of the Order. The Committee notes that according to section 105 of the Order the Minister of Home Affairs shall prescribe the conditions upon which a child can be employed in non-industrial undertakings. The Committee once again requests the Government to take the necessary measures to determine the types of light work activities permitted for persons between the ages of 14 to 16 years. The Committee also requests the Government to indicate any regulation adopted by the Minister of Home Affairs concerning the number of hours during which, and the conditions in which, light work may be undertaken, as required by Article 7 (3) of the Convention.

Article 9(1). Penalties. The Committee previously noted that section 110 of the Employment Order, 2009 provides that the person who employs a child or young person contravening the Order, and the parent or guardian who knowingly or negligently permits such employment is liable to a fine or imprisonment for up to two years, or both. In cases where a child suffers serious injury or death resulting from such an offence, the offender is liable on a further conviction to a fine and imprisonment for up to two years. The Committee once again requests the Government to provide information on the application in practice of section 110 of the Employment Order, 2009, including information on the number and nature of penalties imposed on the basis of that provision.

Article 9(3). Keeping of registers. The Committee previously noted that, according to section 120(1)(b) of the Employment Order, 2009, in the course of an inspection, the employer may be required to produce, among others, contracts of service and registers concerning any or all of his employees. The Committee once again requests the Government to indicate if the registers or lists required under section 120(1)(b) of the Employment Order, 2009, include information regarding the names and ages or dates of birth of employed persons who are less than 18 years of age, duly certified wherever possible, as required under Article 9(3) of the Convention.

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s reference to a national policy of non-tolerance towards child labour and to the use of children in physically and mentally detrimental work. The Government also refers generally to national laws and regulations which it states carry clear penalties in the event of any contravention concerning the protection of children from threat. The Committee further notes the Government’s reference to the Brunei Darussalam’s National Vision (Wawasan) 2035, which aims to attain an educated, highly skilled and accomplished citizenry.

While taking note of the general policies and measures which are mentioned in the Government’s first report, the Committee recalls that, under Article 1 of the Convention, each member for which this Convention is in force undertakes to pursue a national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons. The Committee notes, in this respect, that the above policies do not appear to specifically address the abolition of child labour or action programmes for this purpose. The Committee therefore requests the Government to take the necessary measures to combat child labour through the adoption of a national policy for the progressive abolition of child labour and the implementation of programmes of action for this purpose, and to provide information on developments in this respect.

Article 2(1). 1. Scope of application. Self-employment and family undertakings. The Committee notes that, pursuant to section 9 of the Employment Order, 2009, a person who has not attained the age of 16 years shall not be capable of entering into a contract of service. However, the Committee also notes that, under section 103(2), a child may be employed in an industrial undertaking in which only members of the same family are employed. Finally, the Committee notes the Government’s general reference to administrative regulations which, according to Government, prohibit employers from employing migrant workers who are below the age of 18 years. Recalling that the Convention applies to all types of work or employment, the Committee requests the Government to indicate any measures taken or envisaged to ensure the application of the minimum age specified in the Employment Order, 2009, to all types of work, including work outside a contractual employment relationship, such as self-employment and family undertakings. The Committee also requests the Government to clarify whether the provisions of the Employment Order, 2009, apply equally to migrant children and, if not, to identify the laws and regulations which regulate the minimum age of employment for those workers.

2. Minimum age for admission to employment or work. The Committee notes that, at the time of ratification, the Government specified 16 years as the minimum age for admission to employment or work in conformity with section 9 of the Employment Order, 2009.

Article 2(3). Age of completion of compulsory education. The Committee notes that, according to section 2 of the Compulsory Education Act, the term “a child of compulsory school age” is defined as children between the ages of 6 and 15 years. The Committee also notes, however, that under section 3(1)(b), the Compulsory Education Act only applies to children who are citizens of Brunei Darussalam. Recalling that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to indicate how it is ensured that non-citizen children from 6 to 15 years of age are afforded the same access to compulsory education as all other children in the country.

Article 3(2). Determination of hazardous work. The Committee notes that, under section 104(2) of the Employment Order, 2009, the Minister may identify by declaration industrial undertakings in which no young person shall be employed. The Committee further notes that the term “industrial undertaking” is defined under section 2 to include: mines, quarries and other works for the extraction of minerals from the earth; industries in which articles are manufactured, assembled, altered, cleaned or in which materials are transformed, including ship-building and the generation, transformation and transmission of electricity and motive power; the construction, repair, maintenance, alteration or demolition of buildings, railways, tramways and other works of construction; and the transport of passengers or goods by road, rail, sea, air or inland waterway. The Committee requests the Government to provide full details on any declarations the Minister may have made concerning the industrial undertakings in which no young person shall be employed. If the Minister has not made such a declaration, the Committee requests the Government to take the necessary measures to develop and adopt a list determining the types of hazardous work prohibited for persons under 18 years, in consultation with the organization of employers and workers concerned.

Article 6. Vocational training and apprenticeship. The Committee notes that section 107(1) of the Employment Order, 2009, stipulates that the restriction on the employment of children, that is the restrictions set out under sections 103 and 104 for hazardous work and for light work, do not apply to the employment of children and young persons: (i) in any work approved and supervised by the Ministry of Education, the Institute of Technical Education or any authorised government agency; and (ii) carried out in any technical, vocational or industrial training school or institute or to any apprenticeship programme approved and supervised by the Institute of Technical Education or any authorised government agency. In addition, section 28 of the Employment Order, 2009, permits the parent or guardian of a person below the age of 16 years, with the young person’s consent, to enter into a contract of apprenticeship for systematic training for a period not exceeding five years. Noting that the provisions of the Employment Order, 2009, do not seem to provide a limit to which persons below the age of 16 years may be permitted to enter into a contract for apprenticeship training, the Committee requests the Government to take the necessary measures to bring those provisions into line with Article 6(1) of the Convention in order to ensure that no child under the age of 14 years may undertake such a programme.

Article 7(3). Determination of light work. The Committee notes that, under section 103(3) of the Employment Order, 2009, a child who has attained the age of 14 years may be employed in light work suited to his/her capacity as long as that work is not included under the term “industrial undertaking”, as it is defined under section 2, set out above. The Committee requests the Government to take the necessary measures to specify the types of light work activities for persons between the ages of 14–16, in addition to number of hours during which, and the conditions in which, such employment may be undertaken, as required under Article 7 of the Convention.

Article 9(1). Penalties. The Committee notes that section 110 of the Employment Order, 2009, sets out that any person who employs a child or young person in contravention of the provisions of the Order, or any associated regulations, or any parent or guardian who knowingly or negligently permits such employment, is guilty of an offence and liable to a fine not exceeding $2,000 (BND), imprisonment for a term not exceeding two years, or both. In cases where a child suffers serious injury or death resulting from such an offence, the offender must pay an additional fine not exceeding BND$2,000 and imprisonment for a term not exceeding two years. The Committee requests the Government to provide information on the application of penalties in practice in case of violations of the provisions on the employment of children and young persons, including the number and nature of penalties imposed.

Article 9(3). Keeping of registers. The Committee notes that, under section 120(b) of the Employment Order, 2009, in the course of an inspection, the Commissioner may require the employer to produce, among others, contracts of service and registers concerning any or all of the employees in their employment. If the employer, without justification, refuses the request or otherwise hinders the inspection process, he or she will be guilty of an offence and will be liable for a fine not exceeding BND2,000, imprisonment for a term up to one year, or both. The Committee further notes the Government’s indication that, under section 120(b), all employers are required to maintain a list or register of employees under their service, which includes all details of those employees in question. The Committee requests the Government to provide details on the registers or lists that are required under section 120(b), including whether they contain the names and ages or dates of birth, duly certified wherever possible, of persons who are less than 18 years of age, as required under Article 9(3) of the Convention.

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s reference to a national policy of non-tolerance towards child labour and to the use of children in physically and mentally detrimental work. The Government also refers generally to national laws and regulations which it states carry clear penalties in the event of any contravention concerning the protection of children from threat. The Committee further notes the Government’s reference to the Brunei Darussalam’s National Vision (Wawasan) 2035, which aims to attain an educated, highly skilled and accomplished citizenry.

While taking note of the general policies and measures which are mentioned in the Government’s first report, the Committee recalls that, under Article 1 of the Convention, each member for which this Convention is in force undertakes to pursue a national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons. The Committee notes, in this respect, that the above policies do not appear to specifically address the abolition of child labour or action programmes for this purpose. The Committee therefore requests the Government to take the necessary measures to combat child labour through the adoption of a national policy for the progressive abolition of child labour and the implementation of programmes of action for this purpose, and to provide information on developments in this respect.

Article 2(1). 1. Scope of application. Self-employment and family undertakings. The Committee notes that, pursuant to section 9 of the Employment Order, 2009, a person who has not attained the age of 16 years shall not be capable of entering into a contract of service. However, the Committee also notes that, under section 103(2), a child may be employed in an industrial undertaking in which only members of the same family are employed. Finally, the Committee notes the Government’s general reference to administrative regulations which, according to Government, prohibit employers from employing migrant workers who are below the age of 18 years. Recalling that the Convention applies to all types of work or employment, the Committee requests the Government to indicate any measures taken or envisaged to ensure the application of the minimum age specified in the Employment Order, 2009, to all types of work, including work outside a contractual employment relationship, such as self-employment and family undertakings. The Committee also requests the Government to clarify whether the provisions of the Employment Order, 2009, apply equally to migrant children and, if not, to identify the laws and regulations which regulate the minimum age of employment for those workers.

2. Minimum age for admission to employment or work. The Committee notes that, at the time of ratification, the Government specified 16 years as the minimum age for admission to employment or work in conformity with section 9 of the Employment Order, 2009.

Article 2(3). Age of completion of compulsory education. The Committee notes that, according to section 2 of the Compulsory Education Act, the term “a child of compulsory school age” is defined as children between the ages of 6 and 15 years. The Committee also notes, however, that under section 3(1)(b), the Compulsory Education Act only applies to children who are citizens of Brunei Darussalam. Recalling that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to indicate how it is ensured that non-citizen children from 6 to 15 years of age are afforded the same access to compulsory education as all other children in the country.

Article 3(2). Determination of hazardous work. The Committee notes that, under section 104(2) of the Employment Order, 2009, the Minister may identify by declaration industrial undertakings in which no young person shall be employed. The Committee further notes that the term “industrial undertaking” is defined under section 2 to include: mines, quarries and other works for the extraction of minerals from the earth; industries in which articles are manufactured, assembled, altered, cleaned or in which materials are transformed, including ship-building and the generation, transformation and transmission of electricity and motive power; the construction, repair, maintenance, alteration or demolition of buildings, railways, tramways and other works of construction; and the transport of passengers or goods by road, rail, sea, air or inland waterway. The Committee requests the Government to provide full details on any declarations the Minister may have made concerning the industrial undertakings in which no young person shall be employed. If the Minister has not made such a declaration, the Committee requests the Government to take the necessary measures to develop and adopt a list determining the types of hazardous work prohibited for persons under 18 years, in consultation with the organization of employers and workers concerned.

Article 6. Vocational training and apprenticeship. The Committee notes that section 107(1) of the Employment Order, 2009, stipulates that the restriction on the employment of children, that is the restrictions set out under sections 103 and 104 for hazardous work and for light work, do not apply to the employment of children and young persons: (i) in any work approved and supervised by the Ministry of Education, the Institute of Technical Education or any authorised government agency; and (ii) carried out in any technical, vocational or industrial training school or institute or to any apprenticeship programme approved and supervised by the Institute of Technical Education or any authorised government agency. In addition, section 28 of the Employment Order, 2009, permits the parent or guardian of a person below the age of 16 years, with the young person’s consent, to enter into a contract of apprenticeship for systematic training for a period not exceeding five years. Noting that the provisions of the Employment Order, 2009, do not seem to provide a limit to which persons below the age of 16 years may be permitted to enter into a contract for apprenticeship training, the Committee requests the Government to take the necessary measures to bring those provisions into line with Article 6(1) of the Convention in order to ensure that no child under the age of 14 years may undertake such a programme.

Article 7(3). Determination of light work. The Committee notes that, under section 103(3) of the Employment Order, 2009, a child who has attained the age of 14 years may be employed in light work suited to his/her capacity as long as that work is not included under the term “industrial undertaking”, as it is defined under section 2, set out above. The Committee requests the Government to take the necessary measures to specify the types of light work activities for persons between the ages of 14–16, in addition to number of hours during which, and the conditions in which, such employment may be undertaken, as required under Article 7 of the Convention.

Article 9(1). Penalties. The Committee notes that section 110 of the Employment Order, 2009, sets out that any person who employs a child or young person in contravention of the provisions of the Order, or any associated regulations, or any parent or guardian who knowingly or negligently permits such employment, is guilty of an offence and liable to a fine not exceeding $2,000 (BND), imprisonment for a term not exceeding two years, or both. In cases where a child suffers serious injury or death resulting from such an offence, the offender must pay an additional fine not exceeding BND$2,000 and imprisonment for a term not exceeding two years. The Committee requests the Government to provide information on the application of penalties in practice in case of violations of the provisions on the employment of children and young persons, including the number and nature of penalties imposed.

Article 9(3). Keeping of registers. The Committee notes that, under section 120(b) of the Employment Order, 2009, in the course of an inspection, the Commissioner may require the employer to produce, among others, contracts of service and registers concerning any or all of the employees in their employment. If the employer, without justification, refuses the request or otherwise hinders the inspection process, he or she will be guilty of an offence and will be liable for a fine not exceeding BND2,000, imprisonment for a term up to one year, or both. The Committee further notes the Government’s indication that, under section 120(b), all employers are required to maintain a list or register of employees under their service, which includes all details of those employees in question. The Committee requests the Government to provide details on the registers or lists that are required under section 120(b), including whether they contain the names and ages or dates of birth, duly certified wherever possible, of persons who are less than 18 years of age, as required under Article 9(3) of the Convention.

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2014.

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s reference to a national policy of non-tolerance towards child labour and to the use of children in physically and mentally detrimental work. The Government also refers generally to national laws and regulations which it states carry clear penalties in the event of any contravention concerning the protection of children from threat. The Committee further notes the Government’s reference to the Brunei Darussalam’s National Vision (Wawasan) 2035, which aims to attain an educated, highly skilled and accomplished citizenry.

While taking note of the general policies and measures which are mentioned in the Government’s first report, the Committee recalls that, under Article 1 of the Convention, each member for which this Convention is in force undertakes to pursue a national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons. The Committee notes, in this respect, that the above policies do not appear to specifically address the abolition of child labour or action programmes for this purpose. The Committee therefore requests the Government to take the necessary measures to combat child labour through the adoption of a national policy for the progressive abolition of child labour and the implementation of programmes of action for this purpose, and to provide information on developments in this respect.

Article 2(1). 1. Scope of application. Self-employment and family undertakings. The Committee notes that, pursuant to section 9 of the Employment Order, 2009, a person who has not attained the age of 16 years shall not be capable of entering into a contract of service. However, the Committee also notes that, under section 103(2), a child may be employed in an industrial undertaking in which only members of the same family are employed. Finally, the Committee notes the Government’s general reference to administrative regulations which, according to Government, prohibit employers from employing migrant workers who are below the age of 18 years. Recalling that the Convention applies to all types of work or employment, the Committee requests the Government to indicate any measures taken or envisaged to ensure the application of the minimum age specified in the Employment Order, 2009, to all types of work, including work outside a contractual employment relationship, such as self-employment and family undertakings. The Committee also requests the Government to clarify whether the provisions of the Employment Order, 2009, apply equally to migrant children and, if not, to identify the laws and regulations which regulate the minimum age of employment for those workers.

2. Minimum age for admission to employment or work. The Committee notes that, at the time of ratification, the Government specified 16 years as the minimum age for admission to employment or work in conformity with section 9 of the Employment Order, 2009.

Article 2(3). Age of completion of compulsory education. The Committee notes that, according to section 2 of the Compulsory Education Act, the term “a child of compulsory school age” is defined as children between the ages of 6 and 15 years. The Committee also notes, however, that under section 3(1)(b), the Compulsory Education Act only applies to children who are citizens of Brunei Darussalam. Recalling that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to indicate how it is ensured that non-citizen children from 6 to 15 years of age are afforded the same access to compulsory education as all other children in the country.

Article 3(2). Determination of hazardous work. The Committee notes that, under section 104(2) of the Employment Order, 2009, the Minister may identify by declaration industrial undertakings in which no young person shall be employed. The Committee further notes that the term “industrial undertaking” is defined under section 2 to include: mines, quarries and other works for the extraction of minerals from the earth; industries in which articles are manufactured, assembled, altered, cleaned or in which materials are transformed, including ship-building and the generation, transformation and transmission of electricity and motive power; the construction, repair, maintenance, alteration or demolition of buildings, railways, tramways and other works of construction; and the transport of passengers or goods by road, rail, sea, air or inland waterway. The Committee requests the Government to provide full details on any declarations the Minister may have made concerning the industrial undertakings in which no young person shall be employed. If the Minister has not made such a declaration, the Committee requests the Government to take the necessary measures to develop and adopt a list determining the types of hazardous work prohibited for persons under 18 years, in consultation with the organization of employers and workers concerned.

Article 6. Vocational training and apprenticeship. The Committee notes that section 107(1) of the Employment Order, 2009, stipulates that the restriction on the employment of children, that is the restrictions set out under sections 103 and 104 for hazardous work and for light work, do not apply to the employment of children and young persons: (i) in any work approved and supervised by the Ministry of Education, the Institute of Technical Education or any authorised government agency; and (ii) carried out in any technical, vocational or industrial training school or institute or to any apprenticeship programme approved and supervised by the Institute of Technical Education or any authorised government agency. In addition, section 28 of the Employment Order, 2009, permits the parent or guardian of a person below the age of 16 years, with the young person’s consent, to enter into a contract of apprenticeship for systematic training for a period not exceeding five years. Noting that the provisions of the Employment Order, 2009, do not seem to provide a limit to which persons below the age of 16 years may be permitted to enter into a contract for apprenticeship training, the Committee requests the Government to take the necessary measures to bring those provisions into line with Article 6(1) of the Convention in order to ensure that no child under the age of 14 years may undertake such a programme.

Article 7(3). Determination of light work. The Committee notes that, under section 103(3) of the Employment Order, 2009, a child who has attained the age of 14 years may be employed in light work suited to his/her capacity as long as that work is not included under the term “industrial undertaking”, as it is defined under section 2, set out above. The Committee requests the Government to take the necessary measures to specify the types of light work activities for persons between the ages of 14–16, in addition to number of hours during which, and the conditions in which, such employment may be undertaken, as required under Article 7 of the Convention.

Article 9(1). Penalties. The Committee notes that section 110 of the Employment Order, 2009, sets out that any person who employs a child or young person in contravention of the provisions of the Order, or any associated regulations, or any parent or guardian who knowingly or negligently permits such employment, is guilty of an offence and liable to a fine not exceeding $2,000 (BND), imprisonment for a term not exceeding two years, or both. In cases where a child suffers serious injury or death resulting from such an offence, the offender must pay an additional fine not exceeding BND$2,000 and imprisonment for a term not exceeding two years. The Committee requests the Government to provide information on the application of penalties in practice in case of violations of the provisions on the employment of children and young persons, including the number and nature of penalties imposed.

Article 9(3). Keeping of registers. The Committee notes that, under section 120(b) of the Employment Order, 2009, in the course of an inspection, the Commissioner may require the employer to produce, among others, contracts of service and registers concerning any or all of the employees in their employment. If the employer, without justification, refuses the request or otherwise hinders the inspection process, he or she will be guilty of an offence and will be liable for a fine not exceeding BND2,000, imprisonment for a term up to one year, or both. The Committee further notes the Government’s indication that, under section 120(b), all employers are required to maintain a list or register of employees under their service, which includes all details of those employees in question. The Committee requests the Government to provide details on the registers or lists that are required under section 120(b), including whether they contain the names and ages or dates of birth, duly certified wherever possible, of persons who are less than 18 years of age, as required under Article 9(3) of the Convention.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2014.

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s reference to a national policy of non-tolerance towards child labour and to the use of children in physically and mentally detrimental work. The Government also refers generally to national laws and regulations which it states carry clear penalties in the event of any contravention concerning the protection of children from threat. The Committee further notes the Government’s reference to the Brunei Darussalam’s National Vision (Wawasan) 2035, which aims to attain an educated, highly skilled and accomplished citizenry.

While taking note of the general policies and measures which are mentioned in the Government’s first report, the Committee recalls that, under Article 1 of the Convention, each member for which this Convention is in force undertakes to pursue a national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons. The Committee notes, in this respect, that the above policies do not appear to specifically address the abolition of child labour or action programmes for this purpose. The Committee therefore requests the Government to take the necessary measures to combat child labour through the adoption of a national policy for the progressive abolition of child labour and the implementation of programmes of action for this purpose, and to provide information on developments in this respect.

Article 2(1). 1. Scope of application. Self-employment and family undertakings. The Committee notes that, pursuant to section 9 of the Employment Order, 2009, a person who has not attained the age of 16 years shall not be capable of entering into a contract of service. However, the Committee also notes that, under section 103(2), a child may be employed in an industrial undertaking in which only members of the same family are employed. Finally, the Committee notes the Government’s general reference to administrative regulations which, according to Government, prohibit employers from employing migrant workers who are below the age of 18 years. Recalling that the Convention applies to all types of work or employment, the Committee requests the Government to indicate any measures taken or envisaged to ensure the application of the minimum age specified in the Employment Order, 2009, to all types of work, including work outside a contractual employment relationship, such as self-employment and family undertakings. The Committee also requests the Government to clarify whether the provisions of the Employment Order, 2009, apply equally to migrant children and, if not, to identify the laws and regulations which regulate the minimum age of employment for those workers.

2. Minimum age for admission to employment or work. The Committee notes that, at the time of ratification, the Government specified 16 years as the minimum age for admission to employment or work in conformity with section 9 of the Employment Order, 2009.

Article 2(3). Age of completion of compulsory education. The Committee notes that, according to section 2 of the Compulsory Education Act, the term “a child of compulsory school age” is defined as children between the ages of 6 and 15 years. The Committee also notes, however, that under section 3(1)(b), the Compulsory Education Act only applies to children who are citizens of Brunei Darussalam. Recalling that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to indicate how it is ensured that non-citizen children from 6 to 15 years of age are afforded the same access to compulsory education as all other children in the country.

Article 3(2). Determination of hazardous work. The Committee notes that, under section 104(2) of the Employment Order, 2009, the Minister may identify by declaration industrial undertakings in which no young person shall be employed. The Committee further notes that the term “industrial undertaking” is defined under section 2 to include: mines, quarries and other works for the extraction of minerals from the earth; industries in which articles are manufactured, assembled, altered, cleaned or in which materials are transformed, including ship-building and the generation, transformation and transmission of electricity and motive power; the construction, repair, maintenance, alteration or demolition of buildings, railways, tramways and other works of construction; and the transport of passengers or goods by road, rail, sea, air or inland waterway. The Committee requests the Government to provide full details on any declarations the Minister may have made concerning the industrial undertakings in which no young person shall be employed. If the Minister has not made such a declaration, the Committee requests the Government to take the necessary measures to develop and adopt a list determining the types of hazardous work prohibited for persons under 18 years, in consultation with the organization of employers and workers concerned.

Article 6. Vocational training and apprenticeship. The Committee notes that section 107(1) of the Employment Order, 2009, stipulates that the restriction on the employment of children, that is the restrictions set out under sections 103 and 104 for hazardous work and for light work, do not apply to the employment of children and young persons: (i) in any work approved and supervised by the Ministry of Education, the Institute of Technical Education or any authorised government agency; and (ii) carried out in any technical, vocational or industrial training school or institute or to any apprenticeship programme approved and supervised by the Institute of Technical Education or any authorised government agency. In addition, section 28 of the Employment Order, 2009, permits the parent or guardian of a person below the age of 16 years, with the young person’s consent, to enter into a contract of apprenticeship for systematic training for a period not exceeding five years. Noting that the provisions of the Employment Order, 2009, do not seem to provide a limit to which persons below the age of 16 years may be permitted to enter into a contract for apprenticeship training, the Committee requests the Government to take the necessary measures to bring those provisions into line with Article 6(1) of the Convention in order to ensure that no child under the age of 14 years may undertake such a programme.

Article 7(3). Determination of light work. The Committee notes that, under section 103(3) of the Employment Order, 2009, a child who has attained the age of 14 years may be employed in light work suited to his/her capacity as long as that work is not included under the term “industrial undertaking”, as it is defined under section 2, set out above. The Committee requests the Government to take the necessary measures to specify the types of light work activities for persons between the ages of 14–16, in addition to number of hours during which, and the conditions in which, such employment may be undertaken, as required under Article 7 of the Convention.

Article 9(1). Penalties. The Committee notes that section 110 of the Employment Order, 2009, sets out that any person who employs a child or young person in contravention of the provisions of the Order, or any associated regulations, or any parent or guardian who knowingly or negligently permits such employment, is guilty of an offence and liable to a fine not exceeding $2,000 (BND), imprisonment for a term not exceeding two years, or both. In cases where a child suffers serious injury or death resulting from such an offence, the offender must pay an additional fine not exceeding BND$2,000 and imprisonment for a term not exceeding two years. The Committee requests the Government to provide information on the application of penalties in practice in case of violations of the provisions on the employment of children and young persons, including the number and nature of penalties imposed.

Article 9(3). Keeping of registers. The Committee notes that, under section 120(b) of the Employment Order, 2009, in the course of an inspection, the Commissioner may require the employer to produce, among others, contracts of service and registers concerning any or all of the employees in their employment. If the employer, without justification, refuses the request or otherwise hinders the inspection process, he or she will be guilty of an offence and will be liable for a fine not exceeding BND2,000, imprisonment for a term up to one year, or both. The Committee further notes the Government’s indication that, under section 120(b), all employers are required to maintain a list or register of employees under their service, which includes all details of those employees in question. The Committee requests the Government to provide details on the registers or lists that are required under section 120(b), including whether they contain the names and ages or dates of birth, duly certified wherever possible, of persons who are less than 18 years of age, as required under Article 9(3) of the Convention.

The Committee notes the Government’s first report.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s reference to a national policy of non-tolerance towards child labour and to the use of children in physically and mentally detrimental work. The Government also refers generally to national laws and regulations which it states carry clear penalties in the event of any contravention concerning the protection of children from threat. The Committee further notes the Government’s reference to the Brunei Darussalam’s National Vision (Wawasan) 2035, which aims to attain an educated, highly skilled and accomplished citizenry.

While taking note of the general policies and measures which are mentioned in the Government’s first report, the Committee recalls that, under Article 1 of the Convention, each member for which this Convention is in force undertakes to pursue a national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons. The Committee notes, in this respect, that the above policies do not appear to specifically address the abolition of child labour or action programmes for this purpose. The Committee therefore requests the Government to take the necessary measures to combat child labour through the adoption of a national policy for the progressive abolition of child labour and the implementation of programmes of action for this purpose, and to provide information on developments in this respect.

Article 2(1). 1. Scope of application. Self-employment and family undertakings. The Committee notes that, pursuant to section 9 of the Employment Order, 2009, a person who has not attained the age of 16 years shall not be capable of entering into a contract of service. However, the Committee also notes that, under section 103(2), a child may be employed in an industrial undertaking in which only members of the same family are employed. Finally, the Committee notes the Government’s general reference to administrative regulations which, according to Government, prohibit employers from employing migrant workers who are below the age of 18 years. Recalling that the Convention applies to all types of work or employment, the Committee requests the Government to indicate any measures taken or envisaged to ensure the application of the minimum age specified in the Employment Order, 2009, to all types of work, including work outside a contractual employment relationship, such as self-employment and family undertakings. The Committee also requests the Government to clarify whether the provisions of the Employment Order, 2009, apply equally to migrant children and, if not, to identify the laws and regulations which regulate the minimum age of employment for those workers.

2. Minimum age for admission to employment or work. The Committee notes that, at the time of ratification, the Government specified 16 years as the minimum age for admission to employment or work in conformity with section 9 of the Employment Order, 2009.

Article 2(3). Age of completion of compulsory education. The Committee notes that, according to section 2 of the Compulsory Education Act, the term “a child of compulsory school age” is defined as children between the ages of 6 and 15 years. The Committee also notes, however, that under section 3(1)(b), the Compulsory Education Act only applies to children who are citizens of Brunei Darussalam. Recalling that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to indicate how it is ensured that non-citizen children from 6 to 15 years of age are afforded the same access to compulsory education as all other children in the country.

Article 3(2). Determination of hazardous work. The Committee notes that, under section 104(2) of the Employment Order, 2009, the Minister may identify by declaration industrial undertakings in which no young person shall be employed. The Committee further notes that the term “industrial undertaking” is defined under section 2 to include: mines, quarries and other works for the extraction of minerals from the earth; industries in which articles are manufactured, assembled, altered, cleaned or in which materials are transformed, including ship-building and the generation, transformation and transmission of electricity and motive power; the construction, repair, maintenance, alteration or demolition of buildings, railways, tramways and other works of construction; and the transport of passengers or goods by road, rail, sea, air or inland waterway. The Committee requests the Government to provide full details on any declarations the Minister may have made concerning the industrial undertakings in which no young person shall be employed. If the Minister has not made such a declaration, the Committee requests the Government to take the necessary measures to develop and adopt a list determining the types of hazardous work prohibited for persons under 18 years, in consultation with the organization of employers and workers concerned.

Article 6. Vocational training and apprenticeship. The Committee notes that section 107(1) of the Employment Order, 2009, stipulates that the restriction on the employment of children, that is the restrictions set out under sections 103 and 104 for hazardous work and for light work, do not apply to the employment of children and young persons: (i) in any work approved and supervised by the Ministry of Education, the Institute of Technical Education or any authorised government agency; and (ii) carried out in any technical, vocational or industrial training school or institute or to any apprenticeship programme approved and supervised by the Institute of Technical Education or any authorised government agency. In addition, section 28 of the Employment Order, 2009, permits the parent or guardian of a person below the age of 16 years, with the young person’s consent, to enter into a contract of apprenticeship for systematic training for a period not exceeding five years. Noting that the provisions of the Employment Order, 2009, do not seem to provide a limit to which persons below the age of 16 years may be permitted to enter into a contract for apprenticeship training, the Committee requests the Government to take the necessary measures to bring those provisions into line with Article 6(1) of the Convention in order to ensure that no child under the age of 14 years may undertake such a programme.

Article 7(3). Determination of light work. The Committee notes that, under section 103(3) of the Employment Order, 2009, a child who has attained the age of 14 years may be employed in light work suited to his/her capacity as long as that work is not included under the term “industrial undertaking”, as it is defined under section 2, set out above. The Committee requests the Government to take the necessary measures to specify the types of light work activities for persons between the ages of 14–16, in addition to number of hours during which, and the conditions in which, such employment may be undertaken, as required under Article 7 of the Convention.

Article 9(1). Penalties. The Committee notes that section 110 of the Employment Order, 2009, sets out that any person who employs a child or young person in contravention of the provisions of the Order, or any associated regulations, or any parent or guardian who knowingly or negligently permits such employment, is guilty of an offence and liable to a fine not exceeding $2,000 (BND), imprisonment for a term not exceeding two years, or both. In cases where a child suffers serious injury or death resulting from such an offence, the offender must pay an additional fine not exceeding BND$2,000 and imprisonment for a term not exceeding two years. The Committee requests the Government to provide information on the application of penalties in practice in case of violations of the provisions on the employment of children and young persons, including the number and nature of penalties imposed.

Article 9(3). Keeping of registers. The Committee notes that, under section 120(b) of the Employment Order, 2009, in the course of an inspection, the Commissioner may require the employer to produce, among others, contracts of service and registers concerning any or all of the employees in their employment. If the employer, without justification, refuses the request or otherwise hinders the inspection process, he or she will be guilty of an offence and will be liable for a fine not exceeding BND2,000, imprisonment for a term up to one year, or both. The Committee further notes the Government’s indication that, under section 120(b), all employers are required to maintain a list or register of employees under their service, which includes all details of those employees in question. The Committee requests the Government to provide details on the registers or lists that are required under section 120(b), including whether they contain the names and ages or dates of birth, duly certified wherever possible, of persons who are less than 18 years of age, as required under Article 9(3) of the Convention.

Minimum Age Convention, 1973 (No. 138) - Brunei Darussalam (Ratification: 2011)

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