Hiring workers in Brunei Darussalam, a small country on the Southeast Asian island of Borneo, can be challenging. While it is a developed, high-income country, Brunei is ruled by a sultan, and its laws include a mixture of English common law and Islamic traditional law. This can make it difficult to know what you need to provide for your employees as an employer, or what your rights are as a worker.

In employment relationships, both sides hope to find a good fit. Employers select candidates they believe have the skills and qualities that will make them ideal workers. Employees hope to receive positive working conditions and that they’ll be well-treated by their employers.

Probation periods are one way that both employers and employees can test out their relationships before making long-term commitments. This review will explain what a probation period in Brunei is and the rules that employers need to follow when using one.

Definition of a Probation Period in Brunei

A probation period, also known as a trial period or a tempoh percubaan in the Malay language used in Brunei, is a length of time used to test out a new employee’s skills and organizational fit. An employer will use a probation period to gauge whether or not the employee truly has the skills and knowledge they claimed during recruitment.

They’ll also use this time to ascertain how well they can collaborate with their coworkers and fit into the corporate culture and structure. They will often use this time to focus on increasing their new employees’ skills to help them produce work at full capacity as soon as possible.

Employees can also take advantage of probation periods to get to know their employers and working conditions better. They can assess whether or not the employer is providing everything that was promised during recruitment, and also how well they feel they can fit into their teams and overall company cultures.

In Brunei, a probation period begins on the first day that a new employee starts working and can continue until the employer is satisfied with their abilities and performance. If the employer judges that the worker is not up to the job, however, they may choose to terminate the worker during or at the end of the period.

The worker can also decide to terminate their contract during or at the end of their probation. If neither party chooses to terminate their agreement, the probation period will be considered a success, and the worker will continue on their contract as a full employee.

Lengths of Probationary Periods in Brunei

While required in some countries, probationary periods are not mandatory in Brunei for private sector workers. These periods can last up to 90 days. However, if the employer is not satisfied with the employee’s performance during this period but wishes to give them another opportunity to improve, they can extend a probation period for another 90 days.

Only one extension is allowed, making the maximum length of a probation period in Brunei 180 days. Employers may choose to make use of shorter probation periods, which they must include in their employment contracts.

In the public sector, however, probation periods are very different. All new public officers (civil servants) are automatically placed on probationary periods that last three years. During this time, they can be terminated without cause.

Long probation periods provide time and training so that officers can pass their civil service exams and be confirmed as permanent employees.

Legal Considerations for Probation Periods in Brunei

The rules surrounding probation periods in Brunei are found in the Employment Order 2009 as well as in Chapter 83 of the Laws of Brunei. These statutes outline how probation periods may be used and what rights employers and employees have during them. They include the following conditions:

Pay and Working Conditions

Most employees in Brunei work a maximum of eight regular hours per day and 44 hours per week. Shift workers can work up to 12 hours per day, but must average no more than 44 hours a week over any three-week period. Employees can work up to 72 hours of overtime a month for which they must be paid 150% of their normal wages, but can never work more than 12 hours a day.

There is no minimum wage mandated in Brunei, so employees and employers must agree on wage levels in individual or collective agreements. During probation, workers cannot be paid less than full employees or be required to work more hours than the limits stated above.

Termination and Notice

During the probation period, either the employer or the employee may terminate their contract at any time by following the conditions laid out in the mandatory termination clause of the contract.

However, if there is no specific mention of termination during probation, the contract can be terminated without notice. Employees also do not receive severance pay if terminated during probation.

After their probation periods, however, both parties are required to give equal amounts of notice of termination, based on the employee’s length of service:

Length of ServiceMinimum Notice Period
Fewer than 26 weeks1 day
From 26 weeks to 2 years1 week
From 2 to 5 years2 weeks
5 years or more4 weeks

Vacation / Holidays

Employees in Brunei are entitled to 11 public holidays each year, including both national and religious (Islamic and Christian) holidays. These days are paid holidays, but if a worker is required to work on any of them, they must be paid 200% of their normal wages. Probationary workers are equally entitled to paid public holidays.

Brunei workers are also entitled to seven days of annual leave for their first year of service to their employer. For each subsequent year, they receive an additional day of annual leave entitlement, up to a maximum of 14 days.

However, workers only become entitled to annual leave after working for their employers for a minimum of three months. This means that workers are not entitled to annual leave during probation periods that last up to 90 days. If these periods are extended, however, probationary workers can start to accrue annual leave entitlements.

Benefits of Probation Periods in Brunei

There are many reasons why probation periods are used by employers across Brunei Darussalam. The advantages they can produce for both employees and employers include:

  • For Employees

the chance to test out new jobs, see whether they’ll like them, and assess whether their employers live up to their commitments.

the option to terminate their contracts at any time without needing to provide notice (unless specified in their contracts), so they can quickly move on to other employment opportunities.

  • For Employers

the opportunity to assess their new workers’ skills and knowledge, and ensure they can perform the tasks required.

a chance to give new hires extra attention and help them develop their skills so they can quickly reach full productivity.

the ability to terminate workers without notice if they aren’t fit for their jobs, or to extend probation to give them a chance to improve and adapt.

Conclusion

Probation periods are widely used in Brunei to help employers assess new workers and let employees decide if they want to stay with their new jobs long-term. They typically last 90 days and can be extended to 180 days at the employer’s discretion. This gives both sides ample time to agree that the employment arrangement will work out, or to go their separate ways.

Frequently Asked Questions

While probation periods are mandatory for public servants, private sector employers can choose whether to use them or not. Because they provide employers with the opportunity to terminate workers without notice, however, they’re widely used.

While most employers choose to use probation periods of one to three months’ duration, they can last up to 180 days in the private sector. In the public sector, probation lasts three years.

Yes, if public holidays fall within their probationary periods, workers may take these as fully paid days off. However, they can’t take annual leave during probation.