Employment Order 2009 violators to be fined

Azlan Othman

Action will be taken for violating provisions under the Employment Order 2009, conditions of Foreign Workers Licence (LPA) for the private sector (company) and the Recruitment and Employment Licence of Foreign Workers (for Domestic Services), the Labour Department announced yesterday.

In a statement, the department stated that compound fines will be imposed for the first and second offence for any employer violating the Employment Order 2009 and the regulations there under.

Each offence is subject to a compound fine not exceeding BND1,000. The implementation of compound fines under the Employment Order 2009 is effective from October 15, 2020. For the third offence a compound fine will not be imposed but will be brought to court for prosecution.

The compound fines as in Section 147, Employment Order, 2009 and Domestic Service Licence are – a BND300 fine for the first offence and a BND600 fine for the second offence (for individuals), and a BND600 fine for the first offence and a BND900 fine for the second offence (for companies) for employing a person under the age of 16 (violation under Section 9); the employer not providing the service contract in writing (under Section 10); making the terms of the contract of service unlawful (Section 12); the employer not sending/bringing the employee to be employed to undergo a health examination before the service contract is signed at the expense of the employer (Section 16); the employer failing to give notice to terminate the service contract in accordance with the terms of the agreed service contract (Section 22) and the employer dismissing the employee without notice (Section 23) and the employer terminating the employee without notice while failing to prove the employee’s misconduct (Section 26).

Meanwhile, a BND150 fine for the first offence and a BND300 fine for the second offence (for individuals) and for companies, a BND300 fine for the first offence and a BND600 fine for the second offence will be imposed for employers not providing apprenticeship contracts in writing and without the approval and confirmation of the Labour Commissioner (Section 31); failure to pay employee salaries and overtime pay (Section 39); and making unauthorised employee salary deductions (Section 44).

For offences such as paying salaries with fake currency (Section 55); making agreements about places and spending salaries (Section 56); salaries not paid in full with legal currency notes (Section 57); and employer compelling employees under any contract of service to purchase goods in the shop or canteen he owns (Section 61), a BND100 fine will be imposed for the first offence, while for the second offence the fine is BND200 (for individuals). The fine is BND200 for the first offence and BND400 for the second offence (for companies).

For failing to provide leave (Section 63), working on holidays (Section 64), exceeding prescribed working hours (Section 65), exceeding shift working hours that has been set (Section 67), failing to grant leave on a gazetted public holiday (Section 70), failing to provide annual leave (Section 71), failing to provide sick leave certified by a medical practitioner (Section 72), failing to pay termination benefits (Section 73), failing to pay retirement benefits (Section 74), failing to pay the annual salary increase or salary adjustment as agreed in the contract (Section 75); the fine is BND80 for the first offence and BND160 for the second offence (for individuals) while for companies, it is BND160 for the first offence and BND320 for the second offence.

Failing to provide accommodation and environmental hygiene management (Section 80), accommodation not complying with the provisions of any written law (Section 81), failing to provide first aid equipment (Section 82), failing to provide medical treatment (Section 83), failing to fund the funeral costs of employees or dependents who have died (Section 84), failing to obtain workplace permission and failing to restructure the placement of additional workers (Section 86), individuals will be fined BND300 for the first offence and BND600 for the second offence and for companies, the fine of BND600 for the first offence and BND900 for the second offence.

Failing to grant maternity leave according to the regulations stipulated (Section 91), an individual will be fined BND100 for the first offence and BND200 for the second offence and for companies the fine is BND200 for the first offence and BND300 for the second offence.

For hiring a child (aged 14 and below) in an industrial enterprise (Section 103), hiring a young person (aged 15 and 17) in an industrial enterprise declared by the Minister of Home Affairs (Section 104), the fine is BND200 for the first offence and BND400 for the second offence (for individuals) and BND400 for the first offence and BND600 for the second offence (companies).

Employing foreign workers without a licence from the Commissioner of Labour (Section 112 (2)), violating conditions of hiring a foreign worker (Section 112 (2)) and terminating the service of local workers to employ foreign workers (Section 113) can result in a BND300 fine for the first offence and BND600 for the second offence (for individuals) and BND600 for the first offence and BND900 for the second offence (for companies). Failing to send an employee back to his or her place of origin or the place where he or she was employed (Section 116), an individual can be fined BND150 for the first offence and BND300 for the second offence while a company will be fined BND300 for the first offence and BND450 for the second offence.

A BND200 fine will be imposed for the first offence and a BND400 fine will be imposed for the second offence (for individuals) and BND400 for the first offence and BND600 for the second offence (for companies) will be imposed for ignoring or refusing to submit any service contract, salary account book, register or other document in relation to any employee or in respect of employment during the inspection (Section 120 (1)(b)), obstructing the Labour Commissioner or any authorised officer in exercising his powers during the inspection (Section 120 (1)), making a false statement to the commissioner or an authorised officer who exercises authority during the examination (Section 120 (1)).

The public and employers can contact 2381848 (during working hours) or visit www.labour.gov.bn for details on compound fine rates for each offence.