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Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Macau Special Administrative Region (RATIFICATION: 1999)

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The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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Articles 1 and 2 of the Convention. Form and scope of the minimum wage fixing machinery. Following its previous comments, the Committee notes the adoption of Law No. 7/2015, which sets the minimum wage for cleaning and security employees in property management services. It also notes that the Government indicates in its report that it is actively studying the possibility of implementing a statutory minimum wage of general application. The Committee requests the Government to provide information on progress made in this respect.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Articles 1 and 2 of the Convention. Form and scope of minimum wage-fixing machinery. The Committee notes that the Labour Relations Law (Law No. 7/2008) does not provide for the establishment and operation of a machinery whereby minimum wages can be fixed for low-paid unskilled workers. It also notes that by Chief Executive Order No. 250/2007 minimum wages have been fixed only for employees of companies which provide cleaning and security services to public establishments. The Government further explains that it is seeking to make progress with regard to the establishment of a system of minimum wages and, in this respect, the employer and worker members of the Standing Committee for the Coordination of Social Affairs have agreed to begin work by carrying out thematic studies on the possible adoption of minimum wages for janitors and guards in the property management sector. The Government is planning to entrust an independent research institution to prepare such a study. The Committee hopes that the Government will intensify its efforts to establish, in consultation with the employers’ and workers’ organizations concerned, a minimum wage-fixing machinery which would comply with the requirements of the Convention, i.e. participation of employers and workers concerned in equal numbers and on equal terms, binding force of minimum wage rates, and a system of supervision and sanctions ensuring that wages are not paid at less than the applicable minimum rates. The Committee requests the Government to provide information on any progress made in this regard and also to clarify whether consideration is given to the possibility of extending minimum wage coverage to other sectors, such as the hotel and catering sector.

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Articles 1 and 2 of the Convention. Form and scope of minimum wage-fixing machinery. The Committee notes the adoption of the Labour Relations Law (Law No. 7/2008), which however does not provide for the establishment and operation of a machinery whereby minimum wages can be fixed for low-paid unskilled workers. It also notes the Government’s indication that by Chief Executive Order No. 250/2007 minimum wages have been fixed only for employees of companies which provide cleaning and security services to public establishments. The Government further explains that it is seeking to make progress with regard to the establishment of a system of minimum wages and, in this respect, the employer and worker members of the Standing Committee for the Coordination of Social Affairs have agreed to begin work by carrying out thematic studies on the possible adoption of minimum wages for janitors and guards in the property management sector. The Government is planning to entrust an independent research institution to prepare such a study. The Committee hopes that the Government will intensify its efforts to establish, in consultation with the employers’ and workers’ organizations concerned, a minimum wage-fixing machinery which would comply with the requirements of the Convention, i.e. participation of employers and workers concerned in equal numbers and on equal terms, binding force of minimum wage rates, and a system of supervision and sanctions ensuring that wages are not paid at less than the applicable minimum rates. The Committee requests the Government to keep the Office informed of any progress made in this regard and also to clarify whether consideration is given to the possibility of extending minimum wage coverage to other sectors, such as the hotel and catering sector.

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The Committee notes the information provided in the Government’s report and the attached documents.

The Committee notes the Government’s indications that the draft revision of Ordinance No. 24/89/M of 3 April 1989, concerning the legal system for labour relations, is currently at the final stage of preparation after comprehensive consultations within the tripartite Standing Committee for the Coordination of Social Affairs. It also notes in this connection the statement of the Government that the minimum wage fixing may require special legislation in addition to the draft revision. It requests the Government of Macau SAR to keep it informed of any future developments concerning this major revision of the labour relations system and to transmit a copy of the new legislation as soon as it is adopted.

The Committee also notes the Government’s indication that the wage standards, which are subject to the applicable laws and regulations, are also influenced by the traditional customs and practices of the relevant trades. It would be grateful if the Government could further explain the nature and types of such customs and practices, especially in so far as they relate to the determination of minimum pay rates.

Part V of the report form. The Committee notes the statistical information provided by the Government concerning the unemployment rate, the per capita gross domestic product (GDP), the average monthly income, the inflation rate, and the consumer prince index. It would thank the Government for continuing to supply up to date information on the practical application of the Convention, including, for instance, the minimum wage rates currently in force, extracts from the reports of the labour inspection services showing contraventions reported and sanctions imposed, etc.

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The Committee notes with interest the first report provided by the Government of the Macau Special Administrative Region (SAR) and the attached documentation. It notes the Government’s commitment to give full effect to the Convention in the very near future, while noting the point of view expressed in the report that Macau is not a needy area compared with other territories, especially in view of the high level of GDP per capita. The Committee notes with interest the existence of a bill, currently under discussion by the Standing Committee for Social Dialogue, to revise the labour legislation in the Macau SAR and mentioning the fixing of minimum wages in sectors of activity in which it may appear appropriate. The Committee requests the Government of the Macau SAR to keep the ILO informed of any development in relation to the above bill and to provide a copy of the text once it has been adopted. The Committee would also be grateful if the Government would continue to provide information on any other measure adopted for the implementation of the provisions of the Convention and hopes that the Government will be in a position in its next report to indicate the progress achieved in this respect. The Committee also calls the Government’s attention to the fact that it may, if it considers it necessary, request the technical assistance of the Office for the development and implementation of the legal framework governing the fixing of minimum wages.

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