Country profile BRN
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Minimum age for admission to apprenticeship | 2009-09-03 | C138 | Employment Act (Chapter 278) - Section 107(1) | [{"link_name":"Employment Act (Chapter 278)","source_link":"https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2009/EN/s037.pdf"}] | No | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | According to Section 107(1) of the Employment Act (Chapter 278), the prohibition to employ a child below the age of 15 years in industrial undertakings (section 103 of the Act) 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. In its Direct Request of 2021 on C138, 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 authorised 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 Act, 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. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 2007-11-24 | C138 | Compulsory Education Act (Cap. 211) - Section 2 | [{"link_name":"Compulsory Education Act (Cap. 211)","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/97410/BRN97410.pdf"}] | Yes | 4 | C138 requires member States to align the age of completion of compulsory education with the minimum age for admission to employment or work. | Section 2 of the Compulsory Education Act (Cap. 211) makes education compulsory from the age of 6 to 15 years which is below the minimum age for admission to work set to 16 years. |
| Light work - Determination of types and conditions of activities | 2009-09-03 | C138 | Employment Act (Chapter 278) - Section 105 | [{"link_name":"Employment Act (Chapter 278)","source_link":"https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2009/EN/s037.pdf"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | In its CEACR Direct Request of 2021 on C138, the Committee notes that according to Section 105 of the Act, the Minister of Home Affairs shall prescribe the conditions upon which a child can be employed in non-industrial undertakings. The Committee 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. The Government is currently undertaking a comprehensive review of these matters, with the intention of developing and prescribing appropriate regulatory measures regarding the determination of types and conditions under which light work may be carried out. |
| Minimum age for light work | 2009-09-03 | C138 | Employment Act (Chapter 278) - Sections 2 and 103 (3) | [{"link_name":"Employment Act (Chapter 278)","source_link":"https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2009/EN/s037.pdf"}] | 14 | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | According to Section 103 (3) of the Employment Act, 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 Act. |
| Minimum age for admission to work | 2009-09-03 | C138 | Employment Act (Chapter 278) - Section 9(1) | [{"link_name":"Employment Act (Chapter 278)","source_link":"https://www.agc.gov.bn/AGC%20Images/LAWS/ACT_PDF/E/CHAPTER%20278.pdf"}] | 16 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | According to section 9(1) of the Employment Act, no person under the age of 16 years can enter into a contract or service. |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | No information | C182 | No Information | [{"link_name":"No information","source_link":"No information"}] | No | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | No information |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 1952-05-01 | C182 | Penal Code - Articles 372, 373 | [{"link_name":"Penal Code","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/78238/BRN78238%202016%20Edition.pdf"}] | No | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | The Penal Code Articles 372, 373 prohibit the buying or selling of a minor for purposes of prostitution; however, the code does not specifically prohibit the involvement of minors in the production of pornography. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 1984-01-01 | C182 | Royal Brunei Armed Forces Act - Section 12 | [{"link_name":"Royal Brunei Armed Forces Act","source_link":"https://www.agc.gov.bn/AGC%20Images/LAWS/ACT_PDF/RBAF%20ACT.pdf"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | Section 12 of the Act states that a recruiting officer may enlist such eligible persons who have attained the age of 18 years into the Armed Forces and the Reserve Regiment. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 1952-05-01 | C182 | Penal Code - Articles 372 and 373 | [{"link_name":"Penal Code","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/78238/BRN78238%202016%20Edition.pdf"}] | No | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | The Penal Code Articles 372, 373 prohibit the buying or selling of a minor for purposes of prostitution. However, no specific reference is made to the trafficking of children for the purpose of bondage, serfdom and forced or compulsory labour. |
| List of hazardous activities prohibited for children | N/A | C138 & C182 | N/A | [{"link_name":"N/A","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4418830,103308"}] | No | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | In its Direct Request of 2025 on C182, the Committee requests the Government to take the necessary measures to ensure that the list of types of hazardous work prohibited to young persons under the age of 18 years is finalized and adopted in the very near future, after consultation with the organizations of employers and workers concerned. |
| Minimum age for hazardous work | 2009-09-03 | C138 & C182 | Employment Act (Chapter 278) - Article 104(2) | [{"link_name":"Employment Act (Chapter 278)","source_link":"https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2009/EN/s037.pdf"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | According to Article 104(2) of the Employment Act, 2009 (Chapter 278), 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. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 09-JUN-2008 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 17-JUN-2011 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| In its CEACR Direct Request of 2021 on C138, 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 framework adopted a holistic, multi-agency approach to ensure that no child or young person is left behind. It does not contain a standalone component dedicated to child labour, it integrates measures that contribute directly to the identification, prevention, and response to instances of child labour. In practice, the Ministry of Culture, Youth and Sports through the Community Development Department (CDD), has identified and addressed cases of children involved in informal work, including selling goods in public areas. It raises significant child protection concerns, especially regarding school attendance, supervision and overall wellbeing. In such instances, CDD will intervene through a child centered and multidisciplinary approach. This includes conducting assessment, engaging families, and ensuring the child's continued access to education and safe environment. | [{"link_name":"-CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4116093,103308:NO"},{"link_name":"-National Framework on Child Protection towards achieving Brunei Vision 2035","source_link":"http://japem.gov.bn/documents/nfcp.pdf"}] | 2020-2024 | National Framework on Child Protection towards achieving Brunei Vision 2035 | Ministry of Culture, Youth and Sports, specifically the Department of Community Development (JAPEM) |