Third Follow-Up to "Burnout Nation" and "The Circle of Uncertainties"
By Malai Hassan Othman
"On paper, I’m protected. In reality, I haven’t had a day off in months."
— A worker in a Brunei retail chain
In Brunei Darussalam, the ink has dried on some of Southeast Asia’s most structured employment laws.
The Employment Order 2009 is clear: contracts must be signed, hours must be capped, rest days are mandatory, and enforcement falls squarely on the shoulders of the Labour Department.
But for thousands of workers across the country - particularly in the private and informal sectors - those protections are little more than words in a handbook no one dares to open.
This is the third in a series of reports sparked by a nationwide response to our previous stories: Burnout Nation and The Circle of Uncertainties.
If the first article gave voice to the emotionally drained, and the second exposed the public’s rising frustration, then this report peels back the bureaucracy to examine the machinery - and why it isn't working.
🔹 Legal Protections That Disappear at the Doorstep
The Employment Order 2009 outlines nearly every conceivable safeguard. From written contracts and fair pay to maternity leave and weekly rest days, the law reads like a charter of labour dignity.
But what good is a law that exists without will?
A 2020 Department of Labour guide states that officers have the authority to inspect, audit, and act against non-compliant employers.
Yet the testimonies of workers tell another story.
"No contract. No overtime. No breaks. They said if I don’t like it, someone else will take my place."
The Employment Information Act (Cap. 99) grants the Commissioner the power to compel any employer to provide data, contracts, or staff lists.
Noncompliance is a punishable offence. Yet the question lingers: how many have been punished?
While the legal framework exists, including the Trade Disputes Act and Trade Unions Act, they remain rarely invoked in the private sector.
The institutional infrastructure is present - but the will to act often is not.
🔹 The Illusion of Oversight
The Department of Labour’s stated mission includes protecting workers, enforcing employment laws, and inspecting workplaces.
But in the private sector - especially among F&B outlets, service providers, small contractors, and boutique retail chains - the absence of oversight is palpable.
Many workers report 12- to 14-hour shifts, seven-day weeks, and toxic managers who believe compliance is optional.
“Even on public holidays, I worked. No double pay. No choice. My boss said this isn’t Shell, this is Brunei.”
Brunei's average working hours reached 47 per week, among the highest in Southeast Asia according to ILO statistics.
The new Minimum Wage Order 2025 has been introduced, but enforcement is still in Phase One. Meanwhile, mental health issues continue to rise in silence.
🔹 No Voice, No Union, No Exit
Brunei’s Trade Unions Act (Cap. 128) legally permits union formation.
However heavy regulation, government registration requirements, and tight operational boundaries mean that only one known union actively exists today: BOWU.
And that too, mainly in government-linked sectors. There is no independent federation of unions. No collective bargaining. No real pressure mechanism.
“I wanted to report my boss for mistreatment. HR said: Just be grateful you have a job.”
What happens in a workplace where laws exist, but workers have no leverage?
They endure - or exit the workforce entirely. According to CEIC data, Brunei’s labour force participation rate dipped to 64.0% in 2023, the lowest in over a decade.
Labour turnover is also rising, as confirmed by Minister Dato Seri Setia Dr Haji Awang Amin Liew in the 2025 LegCo sitting.
Over 60% of companies struggle to retain locals, driven by poor benefits, weak career prospects, and lack of advancement.
“The system looks legal—but feels lawless.” - A former employment compliance officer who spoke on condition of anonymity
🔹 Mental Health as Policy Illusion
Mental health surveys of civil servants show 35.4% report burnout, with 27.7% experiencing anxiety.
But critics argue that such statistics, drawn from small samples, mask the scope of private sector suffering.
In workplaces with no HR departments, no grievance procedures, and no paid leave, mental health isn’t a metric - it’s a casualty.
“My coworker had a breakdown. The supervisor said: Go cry in the storeroom, not in front of customers.”
The WHO recognizes burnout as an occupational disease. Brunei’s 2022–2025 Mental Health Action Plan included provisions for work-life balance, including flexible hours and WFH options - but implementation remains fragmented.
🔹 A Crisis of Implementation, Not Intention
The Trade Disputes Act provides arbitration, conciliation, and mediation channels.
The Employment Order empowers officers to act.
The Information Act enables data collection. But these mechanisms are only as strong as their application.
Studies from UBD show that participation in Brunei’s public sector is framed more as a management efficiency exercise than as a means to empower employee voices.
Voice is institutionalized - but rarely heard. This is not to dismiss the genuine efforts of some employers.
Many uphold standards. But without consistent enforcement, good becomes optional, and bad becomes cultural.
🔹 The Public Has Spoken. Who Will Listen?
The public response to this series has made one thing clear: people are not just exhausted - they feel abandoned.
Every law left unenforced is a promise broken.
"Overtime is only worth it if the paycheck is comfortable and you get actual respect... Rights must be matched by responsibility, but someone still has to work the fields." - A reader’s comment on Kopi Talk with MHO
Brunei Darussalam cannot afford to build its Vision 2035 on burnt-out bodies and silenced voices.
True progress is not measured by GDP alone but by the dignity of its workers. And dignity, like enforcement, must be visible.
Do you have a story of unfair work conditions or silent mistreatment? Message us at Kopi Talk with MHO. Your voice matters. (MHO/04/2025)
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