Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

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

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permitted the employment of children under the age of 15 in industrial undertakings operated by family members, was repealed through an amendment to the Employment Act in 2015.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.