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Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Macau Special Administrative Region (RATIFICATION: 1999)

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Previous comment

Articles 2 and 3 of the Convention. Right to organize of all categories of workers. Right of organizations to organize their activities. In its previous comment, the Committee noted with regret that the draft Trade Union Law, which was meant to give effect to the right to organize and collective bargaining, has been pending adoption since 2005 and urged the Government to intensify its efforts to achieve consensus on the draft Law and to bring about its adoption in the near future. The Committee notes the Government’s indication that it undertook a public consultation between 31 October and 14 December 2021 in order to collect information and inputs on the legislation from all sectors of the society; a preliminary draft of the Law was then prepared and submitted to the Standing Committee for Social Coordination for consultations by the social partners, and later submitted to the Legislative Council for deliberation. The law was passed on 16 January 2023 and is currently under detailed review. The Committee notes the Government’s indications that further information will be provided in its next report and firmly expects that the Law will give full effect to the Convention and that a copy of the adopted legislation will be submitted with the Government’s next report.

The Committee previously requested the Government to continue to provide information on developments regarding the adoption of legislative frameworks regulating rights of specific categories of workers, including part-time workers and seafarers, and to indicate whether these instruments include any provisions on the promotion and protection of the rights granted in the Convention. The Committee notes with regret that the Government provides no updated information with regard to the draft Part-Time Labour Relations Law or the Seafarers’ Labour Relations Law and maintains that both legislations require comprehensive discussion in order to be adopted into law. The Committee once again notes the Government’s reiteration that while these draft laws are specialized regulations to address the specific characteristics of labour relations in the above sectors, the basic regulations concerning these workers are contained in the Labour Relations Law and that workers in all industries, including seafarers and part-time workers, are entitled to freedom of association, organization, and the right to participate in trade union activities. In these circumstances, the Committee reiterates its previous request and expects that any legislative frameworks regulating the rights of specific categories of workers will be in full conformity with the Convention.

The Committee takes note of Law No. 13/21 of 15 September 2021, setting out the General Rules on Security Forces and Security Services Personnel, section 98 of which, according to the Government, imposes certain restrictions on the exercise of the rights to freedom of association of the officers included within the scope of the legislation during their term of employment. The Committee observes that section 2 of the Law extends its application to certain categories of workers, including agents from the ranks of the Fire Brigade and the Customs Services. Recalling that the only authorized exceptions from the scope of application of the Convention are members of the police and the armed forces, the Committee requests the Government to take the necessary measures to ensure that the above-mentioned categories of employees upon whom restrictions are imposed have the right to establish and join organizations of their own choosing and without previous authorization.The Committee requests the Government to provide information on all measures taken to this end.

Application of the Convention in practice. The Committee welcomes the updated statistics provided by the Government on the number of trade unions and observes that by May 2023, there were 463 registered workers’ organizations, which shows that, in comparison to the numbers of 2020, the number of registered worker-related associations continued to rise.

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year as well as on the basis of the information at its disposal in 2019.

In its previous comment, the Committee noted the observations of representative organizations of workers communicated with the Government’s report and collected through the Standing Committee for the Coordination of Social Affairs, whose members are appointed from the most representative workers’ and employers’ organizations (currently the Macao Chamber of Commerce and the Macao Federation of Trade Unions). These observations referred to the need to adopt specific laws on freedom of association. The Committee further noted the observations of the Macau Civil Servants’ Association received on 6 August 2019, also referring to the need to legislate on matters of freedom of association and collective bargaining, and the Government’s general reply thereto. The Committee also noted the Government’s additional reply to the 2014 observations of the International Trade Union Confederation (ITUC).

In its previous comment, the Committee noted the Government’s indication that the draft Law on Fundamental Rights of Trade Unions had been submitted to the legislative council and vetoed for the tenth time. In April 2019, those who oppose the draft law considered that many substantive and procedural laws already exist to protect workers and that the social situation had changed since the first draft was submitted, as a result of which the draft law does not reflect the needs of the current society. While the Government did not oppose the enactment of the trade union law at an appropriate time, it considered that it had to listen to the opinions of all members of society and the relevant stakeholders to respond to the societal situation and tailor the law and regulations accordingly. The Government indicated that since 2016, a research study had been ongoing on the essential social conditions for the discussion of the draft Law on Fundamental Rights of Trade Unions. The Government expected this study to be finalized in the second half of 2019. The Committee also noted that, in their observations, the representative organizations of workers had considered that the absence of a law on trade unions and collective bargaining constituted a severe legislative loophole and they remained in favour of enacting a set of concrete and specific laws to truly guarantee and protect the right to form, join and represent trade unions. Bearing in mind the views expressed by workers’ organizations and recalling that the draft Law on Fundamental Rights of Trade Unions had been pending adoption for more than a decade, the Committee urged the Government to intensify its efforts to achieve consensus on the draft Law and to bring about its adoption in the near future, and to inform the Committee of the results of the above-mentioned study.

The Committee notes the Government’s indication in its supplementary report that the study, finalized in 2019, advised the Government to review and improve the labour policy on a gradual basis to better adapt to the socio-economic environment of the region and to undertake such review in accordance with the Basic Law and international conventions. The Government further indicates that, to improve the labour legislation on a gradual basis and take into account the long term development of society, it will begin the early stage of the legislation process of the Trade Union Law and is planning to undertake a public consultation in the third quarter of 2020 to allow ample discussion to find a consensus that takes minority opinions into account, and thus provide a foundation for formulating a Law that is responsive to the societal needs.

While taking due note of the Government’s indications, the Committee is bound to note with regret that the draft Law on Fundamental rights of Trade Unions has been pending adoption for fifteen years. The Committee therefore once again urges the Government to intensify its efforts to achieve consensus on the draft Law and to bring about its adoption in the near future. The Committee also reiterates its expectation that this Law will explicitly grant the rights enshrined in the Convention to all categories of workers (with the only permissible exception of the police and the armed forces), including domestic workers, migrant workers, self-employed workers and those without an employment contract, part-time workers, seafarers and apprentices, so as to ensure that freedom of association, including the right to strike, can be effectively exercised. The Committee requests the Government to inform of all developments in that regard.

Taking due note of the Government’s prior explanation and the absence of any updated information, the Committee once again requests the Government to continue to provide information on developments regarding the adoption of legislative frameworks regulating rights of specific categories of workers, including part-time workers and seafarers, and to indicate whether these instruments include any provisions on the promotion and protection of the rights granted in the Convention. The Committee expects that any legislative frameworks regulating rights of specific categories of workers will be in full conformity with the Convention.

Application of the Convention in practice. In its previous comment the Committee noted the statistics provided by the Government on the number of trade unions (408 registered workers’ organizations, out of which 49 involve civil servants as of April 2019), as well as the detailed information on dispute settlement of labour disputes involving more than ten workers. The Committee also took note of the measures that the Government indicated to have taken to protect workers’ freedom of association and assembly and improve labour conditions as well as the Government’s statement that, in order to formalize the employment agency system, it had proposed the Employment Agency Bill to the legislative council. The Committee welcomes the updated statistics provided by the Government on the number of trade unions and observes that by May 2020, there were 440 registered workers’ organizations, which shows that, in comparison to the numbers of 2019, and as indicated by the Government, the number of registered worker-related associations continued to rise. The Committee also takes note of the detailed updated information on dispute settlement of labour disputes involving more than ten workers. The Committee encourages the Government to continue to provide statistics as well as other relevant data in relation to the application of the Convention in practice.

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The Committee notes the observations of representative organizations of workers communicated with the Government’s report and collected through the Standing Committee for the Coordination of Social Affairs, whose members are appointed from the most representative workers’ and employers’ organizations (currently the Macao Chamber of Commerce and the Macao Federation of Trade Unions). These refer to the need to adopt specific laws on freedom of association. It further notes the observations of the Macau Civil Servants’ Association received on 6 August 2019, also referring to the need to legislate on matters of freedom of association and collective bargaining, and the Government’s general reply thereto. The Committee further notes the Government’s additional reply to the 2014 observations of the International Trade Union Confederation (ITUC).

Articles 2 and 3 of the Convention. Right to organize of all categories of workers. Right of organizations to organize their activities. The Committee recalls that it had previously noted the Government’s indication that freedom of association, procession and demonstration, as well as the right and freedom to form and join trade unions and to strike, are guaranteed to all Macao residents by section 27 of the Basic Law of the Macao Special Administrative Region, and that in line with section 2(1) of the Regulation on the Right of Association (Law No. 2/99) everyone can form associations freely and without obtaining authorization. In its previous comment, the Committee noted that the Labour Relations Law adopted in 2008 did not include a chapter on the right to organize and collective bargaining and that the draft Law on Fundamental Rights of Trade Unions, which would give effect to these rights, had been pending adoption since 2005. The Committee strongly encouraged the Government to intensify its efforts to achieve consensus on the draft Law and expected that it would explicitly grant the rights enshrined in the Convention to all categories of workers (with the only permissible exception of the police and the armed forces).

The Committee notes the Government’s indication that the draft Law on Fundamental Rights of Trade Unions was submitted to the legislative council and vetoed for the tenth time. In April 2019, those who oppose the draft law considered that many substantive and procedural laws already exist to protect workers and that the social situation has changed since the first draft was submitted, as a result of which the draft law does not reflect the needs of the current society. While the Government does not oppose the enactment of the trade union law at an appropriate time, it must listen to the opinions of all members of society and the relevant stakeholders to respond to the societal situation and tailor the law and regulations accordingly. The Government indicates that since 2016, a research study has been ongoing on the essential social conditions for the discussion of the draft Law on Fundamental Rights of Trade Unions and it should be concluded in the second half of 2019. The Committee also notes that in their observations, the representative organizations of workers consider that the absence of a law on trade unions and collective bargaining constitutes a severe legislative loophole and they remain in favour of enacting a set of concrete and specific laws to truly guarantee and protect the right to form, join and represent trade unions. Bearing in mind the views expressed by workers’ organizations and recalling that the draft Law on Fundamental Rights of Trade Unions has been pending adoption for more than a decade, the Committee urges the Government to intensify its efforts to achieve consensus on the draft Law and to bring about its adoption in the near future, and to inform the Committee of the results of the above-mentioned study. The Committee expects that this Law will explicitly grant the rights enshrined in the Convention to all categories of workers (with the only permissible exception of the police and the armed forces), including domestic workers, migrant workers, self-employed workers and those without an employment contract, part-time workers, seafarers and apprentices, so as to ensure that freedom of association, including the right to strike, can be effectively exercised. The Committee requests the Government to provide information on any developments in this regard.

In the same vein, the Committee also previously requested the Government to provide information on developments regarding the adoption of legislative frameworks regulating rights of specific categories of workers, as provided for in section 3(3) of the Labour Relations Law. The Committee notes in this regard that: (i) the draft Part-Time Labour Relations Law was submitted to the Standing Committee in 2018 but due to the need for a more comprehensive discussion, the Government resubmitted the draft law again for further comments from workers’ and employers’ representatives; and (ii) the draft Seafarers’ Labour Relations Law is still under discussion to ensure its compatibility with the relevant international Conventions. The Government reiterates that while these draft laws are specialized regulations to address the specific characteristics of labour relations in the above sectors, the basic regulations concerning these workers are contained in the Labour Relations Law and workers in all industries, including seafarers and part-time workers, are entitled to freedom of association, organization and the right to participate in trade unions. Taking due note of the Government’s explanation, the Committee requests the Government to continue to provide information on developments regarding the adoption of legislative frameworks regulating rights of specific categories of workers, including part-time workers and seafarers, and to indicate whether these instruments include any provisions on the promotion and protection of the rights granted in the Convention. The Committee expects that any legislative frameworks regulating rights of specific categories of workers will be in full conformity with the Convention.

Application of the Convention in practice. The Committee notes the statistics provided by the Government on the number of trade unions (408 registered workers’ organizations, out of which 49 involve civil servants as of April 2019), as well as the detailed information on dispute settlement of labour disputes involving more than ten workers. The Committee also takes note of the measures that the Government indicates having taken to protect workers’ freedom of association and assembly and improve labour conditions, including: consultation of workers’ and employers’ organizations when drafting policies on issues of labour and social security; several legislative amendments initiated to strengthen the legal protection of labour rights and monitoring; setting up of consultation hotlines and monitoring employers’ compliance with labour laws; and promotional activities and seminars conducted by the Labour Affairs Bureau. Finally, the Committee notes the Government’s statement that in order to formalize the employment agency system, the Government proposed the Employment Agency Bill to the legislative council.

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The Committee notes the observations of representative organizations of workers communicated with the Government’s report, but observes that the Government does not indicate the names of these organizations. The Committee further notes the Government’s reply to the 2014 observations of the International Trade Union Confederation (ITUC) but observes that the Government fails to address the alleged interference in trade union activities in the gaming sector and restrictions, in practice, on freedom to organize of migrant workers due to ineffective law enforcement. The Committee requests the Government to provide further comments on those specific allegations.

Articles 2 and 3 of the Convention. Right to organize of all categories of workers. Right of organizations to organize their activities. The Committee recalls that it had previously noted the Government’s indication that freedom of association, procession and demonstration, as well as the right and freedom to form and join trade unions and to strike is guaranteed to all Macao residents by section 27 of the Basic Law of the Macao Special Administrative Region, and that in line with section 2(1) of the Regulation on the Right of Association (Law No. 2/99) everyone can form associations freely and without obtaining authorization. It had also noted that two bills were in discussion in the Legislative Assembly – the Labour Relations Law and the Law on Fundamental Rights of Trade Unions. The Labour Relations Law was adopted in 2008 but does not include a chapter on the right to organize and collective bargaining. Noting that the draft Law on Fundamental Rights of Trade Unions, which would give effect to these rights, has been pending adoption since 2005, the Committee had requested the Government to provide information on any developments in relation to this draft Law and to take the necessary measures to ensure that the right to strike could be effectively exercised. It further requested the Government to adopt legislative frameworks that would allow part-time workers and seafarers, excluded from the application of the Labour Relations Law, to exercise the rights enshrined in the Convention.

The Committee notes the Government’s indication that the draft Seafarers’ Labour Relations Law is still under discussion to ensure its compatibility with the relevant international conventions and that in March 2014 and November 2015, representatives of employers and workers provided written comments on the draft Part-Time Labour Relations Law, but their opinions on the subject remain divergent and the Government is, therefore, conducting a comprehensive study and analysis to readjust the text and proceed to adoption as soon as possible. The Government further states that after six failed attempts between 2005 and 2015, the draft Law on Fundamental Rights of Trade Unions was again submitted to the Legislative Assembly in January 2016 but failed to pass because legislators considered that due to the current socio-economic situation, such legislation would be unfavourable to investment and unnecessary, as residents enjoyed freedom of association and the social partners communicated effectively through the tripartite Social Coordination Committee. The Committee notes, however, that according to representative organizations of workers, the Special Administrative Region lacks implementing regulations to put freedom of association into practice, resulting in insufficient protection of the relevant rights. They also consider that the Government has the responsibility to further promote legislative work on a trade union law, including by encouraging extensive public consultations and awareness raising on the importance and necessity of such legislation. Bearing in mind the concerns expressed by workers’ organizations and recalling that the draft Law on Fundamental Rights of Trade Unions has been pending adoption for more than a decade, the Committee strongly encourages the Government to intensify its efforts to achieve consensus on the draft Law and to bring about its adoption in the near future. The Committee expects that this Law will explicitly grant the rights enshrined in the Convention to all categories of workers (with the only permissible exception of the police and the armed forces), including domestic workers, migrant workers, part-time workers, seafarers and apprentices, so as to ensure that freedom of association, including the right to strike, can be effectively exercised. The Committee requests the Government to provide information on any developments in this regard.

The Committee also requests the Government to provide information on developments regarding the adoption of legislative frameworks regulating rights of specific categories of workers excluded from the Labour Relations Law and expects that any such instruments will be in full conformity with the Convention.

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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

Article 3 of the Convention. Right to strike. In its previous comments, the Committee invited the Government to take the necessary measures, in consultation with the social partners, to ensure that the right to strike could be exercised in practice and to provide information on the adoption of the draft Law on the Fundamental Rights of Trade Unions. The Committee notes the Government’s indication that the proposed law was submitted to the Legislative Assembly for adoption in 2014 and again met with failure following other failed attempts in June 2005, July 2007, April 2009 and March 2013. The Committee notes that most legislators believed that it was not a good time for such legislation as there were no intense conflicts between labour and management, and a consensus should first be reached on the basis of in-depth discussions and broad consultations. The Government however indicates that it is committed to maintaining harmonious and stable labour relations. Noting the Government’s indication that it will immediately launch relevant legislative procedures when a broad consensus on the subject has been achieved, the Committee requests it to provide information on any development in this regard. In the meantime, the Committee requests the Government to take the necessary measures to ensure that the right to strike, which according to the Government is protected by a series of laws and regulations, can be effectively exercised.

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The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2016, which are of a general nature.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

The Committee notes the observations on the application of the Convention submitted by the International Trade Union Confederation (ITUC) in a communication received on 1 September 2014, in particular, interference by the Government in trade union activities in the gaming sector. The Committee requests the Government to provide its comments thereon. The Committee also notes the Government’s reply concerning migrant workers wherein it indicated that both local workers and non-Macao resident workers enjoy the same legal guarantees with regard to freedom of association.

Article 2 of the Convention. Right to organize of part-time workers and seafarers. The Committee recalls from its previous comments that sections 3.3(2) and 3.3(3) of the Labour Relations Act excluded seafarers and part-time workers from its scope of application and that it had emphasized the need to adopt legislative frameworks that would allow these categories of workers to exercise the rights enshrined in the Convention. The Committee notes the Government’s indication that the Seafarers’ Labour Relations Law has been developed and is still under discussions. With regard to part-time workers, the Government indicates that, in 2013, employers’ and workers’ representatives discussed through the Standing Committee for Coordination of Social Affairs (CPCS) the framework for proposed regulations on part-time work and further indicates its intention to submit the regulations before the Legislative Assembly at an early date. The Committee notes the Government’s indication that, while the two bills are specially drafted to take account of the special nature of seafarers’ and part-timers’ employment relations, in principle the Labour Relations Act is applicable to those workers in terms of their basic rights to associate freely and organize and join trade unions. The Committee trusts that any new legislative or regulatory framework concerning seafarers and part-time workers will expressly grant them the rights enshrined in the Convention. It requests the Government to provide information on concrete steps taken in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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Article 3 of the Convention. Right to strike. In its previous comments, the Committee invited the Government to take the necessary measures, in consultation with the social partners, to ensure that the right to strike could be exercised in practice and to provide information on the adoption of the draft Law on the Fundamental Rights of Trade Unions. The Committee notes the Government’s indication that the proposed law was submitted to the Legislative Assembly for adoption in 2014 and again met with failure following other failed attempts in June 2005, July 2007, April 2009 and March 2013. The Committee notes that most legislators believed that it was not a good time for such legislation as there were no intense conflicts between labour and management, and a consensus should first be reached on the basis of in-depth discussions and broad consultations. The Government however indicates that it is committed to maintaining harmonious and stable labour relations. Noting the Government’s indication that it will immediately launch relevant legislative procedures when a broad consensus on the subject has been achieved, the Committee requests it to provide information on any development in this regard. In the meantime, the Committee requests the Government to take the necessary measures to ensure that the right to strike, which according to the Government is protected by a series of laws and regulations, can be effectively exercised.

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The Committee is raising other matters in a request addressed directly to the Government.

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The Committee had previously invited the Government to take measures, in consultation with the social partners, to ensure that the right to strike could be exercised in practice. It had also requested the Government to provide information on any development concerning the adoption of the draft Law on the Fundamental Rights of Unions. The Committee notes that the Government reiterates in its report that there are a series of laws and regulations that protect employees exercising their right to strike, including section 27 of the Basic Law of the Special Administrative Region of Macau which provides that its residents enjoy the basic right to strike. The Government stresses its commitment to ensure that employees enjoy all the rights afforded by the legislation. It explains that when the social groups reach a consensus regarding trade union rights and the right of collective bargaining, it will immediately launch the relevant legislative procedure and that, before this happens, it will abide by the current laws and regulations and do its utmost to protect the rights of the employees and exert all its efforts to promote effective implementation of the Convention. The Government further indicates that it has always tried to solve problems between employees and employers through communication and coordination and endeavoured to achieve a balance of interests between the two sides. The Committee notes from the ITUC’s comments and the Government’s report on the application of Convention No. 98 that the draft Law on the Fundamental Rights of Trade Unions was once again defeated in March 2013. In these circumstances, the Committee reiterates its previous request and once again invites the Government to take the necessary measures, in consultation with the social partners, to ensure that the right to strike can be exercised in practice. The Committee also requests the Government to provide information on any development concerning the adoption of the draft Law and expresses the hope that it will be in full conformity with the Convention.

[The Government is asked to reply in detail to the present comments in 2014.]

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The Committee notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 31 August 2013 alleging, in particular, interference by the Government in trade union activities and difficulties with the application of the Convention in practice to migrant workers. The Committee requests the Government to provide its observations thereon.

Article 2 of the Convention. Right to organize of part-time workers and seafarers. The Committee had previously requested the Government to provide information on the measures taken for the establishment of a legal labour relationship regime for employees working part-time, who did not fall within the scope of the Labour Relations Act (section 3.3(3)). The Committee notes that by virtue of section 3.3(2), seafarers are also excluded from the scope of application of the Act. The Committee notes that the Government indicates in its report on the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), that, pending the entry into force of the special regime for part-time workers and seafarers, the provisions of the Labour Relations Act shall apply to these categories of workers. It further notes the Government’s indication that it is undertaking legislative studies in relation to establishing special labour relationship regimes for part-time workers and seafarers. The Committee trusts that any new framework will allow these categories of workers to exercise the rights enshrined in the Convention. It requests the Government to provide information on developments in this regard.

[The Government is asked to reply in detail to the present comments in 2014.]

The Committee raises other matters in a request addressed directly to the Government.

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The Committee notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 4 August 2011 on the application of the Convention and in particular concerning obstacles to trade union registration and police repression during May Day celebrations in 2010. The Committee requests the Government to provide its observation thereon.

The Committee also notes the comments submitted on 18 June 2011 by the Macau Civil Servants Association and the Government’s reply thereon.

Article 2 of the Convention. In its previous comments, the Committee had noted that the ITUC alleged that domestic workers, migrant workers and civil servants did not enjoy trade union rights. The Committee requested the Government to ensure, through the corresponding legislation, the rights enshrined in the Convention and to inform it of any developments in respect of this matter.

As concerns domestic workers, the Committee notes that the Government indicates in its report that: (i) the scope of application of the Labour Relations Law, 2008, includes domestic workers; (ii) the law applies to all labour relations in all fields of activities, regardless of whether the employer is an irregular establishment or without legal personality; (iii) article 2(1) of Law No. 2/99 Regulation on the Right of Association provides that “anyone has the right to form associations freely and without obtaining authorization”; (iv) article 27 of the Basic Law of the Macao Special Administrative Region provides for the right and freedom to form and join trade unions; and (v) thus, it is clear that persons performing domestic work have the right to form associations.

As concerns migrant workers, the Committee notes that the Government indicates that article 20 of Law No. 21/2009 Law on the Employment of Non Residents affords the right to freedom of association to these employees and that according to this provision, the labour relationship established with the non resident employee, especially in terms of rights, duties and protections shall be supplemented by applying the general system of labour relationship, i.e. the Labour Relations Law.

Moreover, the Committee notes that employees working part-time do not fall within the scope of the Labour Relations Law (article 3(2)). In this regard, the Committee notes that the Government indicates that it is considering establishing a legal system of labour relationship that is not entirely the same as that under the Labour Relations Law. The Committee therefore requests the Government to provide information on the measures taken in this regard in its next report and trusts that it will be in full conformity with the Convention.

As concerns civil servants, the Committee notes that the Government indicates that according to the provisions of article 89(1)(n) and article 132 of the General Rules for the Personnel of the Public Administration of Macao, approved by Law Decree No. 87/89/M, the public servants have the right to take part in trade union activities. In addition, the Committee notes that the Government indicates that according to report No. 010/DTJ/INF/2006 containing the Guidelines on the right of association of the public civil servants of Macao and the impossibility for them to hold concurrent appointments, anyone, being chief, head of office, or personnel of other grades wishing to join a society or assume any post in the society, should not be judged to be pursuing private interests, thus should not be required to seek prior permission.

Article 3. Right of organizations to freely organize their activities and to formulate their programmes. Right to strike. In its previous comments, the Committee had noted the Government’s indication that two bills were in discussion in the Legislative Assembly (the Labour Relations Law and the Law on Fundamental Rights of Unions) and expressed the hope that the draft legislations would be in conformity with the Convention. The Committee notes that the Labour Relations Law was adopted in 2008 but did not include a chapter on the right to organize and collective bargaining due to the fact that the Law on Fundamental Rights of Unions had not yet been elaborated. The Committee also notes that the Government indicates in its report that: (i) the draft Law on Fundamental Rights of Unions was once more defeated in 2009; (ii) the repeated defeat of the efforts in favour of this law, to some extent, indicated the divergence that persists in the society and that any information on the possible adoption of this law will be communicated to the Office in its future reports; and (iii) according to article 27 of the Basic Law of Macao, Law No. 22/99/M Regulation on the Right of Association, and article 155 of the Civil Code, freedom of association, organizing and joining trade unions and the right to strike are fundamental rights afforded to the residents of the Macao Special Administrative Region.

The Committee therefore understands that no specific law has been adopted concerning the right to strike yet. In these circumstances, the Committee once again invites the Government to take measures, in consultation with the social partners, to ensure not only the legal recognition of the right to strike but also its effective exercise in practice. The Committee once again requests the Government to provide information on any development concerning the adoption of the draft Law on the Fundamental Rights of Unions and expresses the hope that it will be in full conformity with the Convention.

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The Committee notes that the Government’s report has not been received. The Committee further notes the comments submitted by the International Trade Union Confederation (ITUC) on 26 August and 9 September 2009 concerning the dismissal of workers due to their participation in strikes, obstacles to trade union registration, and police repression during May Day celebrations in 2007 and 2008 and other demonstrations. The ITUC also refers to the risk of potentially broad interpretation of the recently approved National Security Laws that could impact on the activities held by trade unions. The Committee requests the Government to send its observations in this respect.

Article 2 of the Convention. The Committee notes that the ITUC alleges that domestic workers, migrant workers and civil servants do not enjoy trade union rights. The Committee recalls that the Convention applies to all these categories of worker. The Committee requests the Government to ensure, through the corresponding legislation, the rights enshrined in the Convention and to inform it of any developments respecting this matter.

Article 3 of the Convention. Right of organizations to freely organize their activities and to formulate their programmes. Right to strike. The Committee recalls that in its previous comments it noted the Government’s indication that two bills were in discussion in the Legislative Assembly and expressed the hope that the draft legislation would be in full conformity with the Convention. The Committee notes that no specific legislation has been adopted on this matter. The Committee notes the comments from the ITUC concerning restrictions to the right to strike and invites the Government to take measures to ensure the legal recognition of this right, in consultation with the social partners.

Finally, the Committee requests the Government to inform it of any development concerning the adoption of the draft Law on the Fundamental Rights of Unions and expresses the hope that it will be in full conformity with the Convention.

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The Committee notes the Government’s report.

Article 3 of the Convention. The Committee recalls that in its previous report it had noted the Government’s indication that the right of workers’ and employers’ organizations to formulate their programmes and the right of workers’ organizations to exercise the right to strike would be addressed by both the Bill amending labour legislation and the Bill regulating the fundamental right of freedom of association. The Committee notes that in its present report, the Government indicates that a draft new Labour Law has been approved by the plenary of the Legislative Assembly after having taken into account the views of the Standing Committee for the Coordination of Social Affairs that is a tripartite consultative organ. The Government further indicates that the draft new Labour Relations Juridical System passed the first article-by-article examination by the Third Standing Committee of the Legislative Assembly and that a widespread consultation is currently taking place among citizens and groups, which was estimated to be completed by the end of July 2007. The article-by-article examination will continue after the consultation. The Committee notes, however, that the Government indicates that during the revision of the draft Labour Law, the chapter on the right to organize and collective bargaining was deleted due to the fact that a Law on Trade Unions had not yet been elaborated. Moreover, the Government indicates that the Law on Trade Unions (draft Law on the Fundamental Rights of the Unions) proposed by some members of the Legislative Assembly in June 2005 was subject to deep and broad consultations and discussions among the social partners and gave rise to numerous reactions from different groups, in particular with respect to the influence that the transformation of the existing labour groups into union-like organizations would have on the development of Macao’s economy. Although, neither the draft Labour Law nor the draft Law on the Fundamental Rights of the Unions were approved by the Legislative Assembly, the Government underlines its will to fully implement the Convention. The Committee expresses the hope that the draft legislation will be in full conformity with the Convention and requests the Government to keep it informed of any developments in this respect.

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The Committee notes the Government’s report and the information provided. The Committee recalls that in previous comments it raised two questions on the following points.

Article 2 of the Convention. Right to organize of domestic workers. The Government had indicated in its previous comments that taking into account that the Decree-Law No. 24/89M on labour relations in Macau explicitly excludes these categories of workers, a new bill amending labour legislation had been drafted and was under consultation with the social partners in order to cover these workers. The Committee takes note that in its present report, the Government indicates that due to the complexity of the issues at stake, several discussions have been taking place with the social partners, which have not finished yet. The Government indicates that the new Bill will soon be sent to the Legislative Assembly.

Furthermore, the Committee takes note of the Government’s indication that domestic workers are also under the scope of Law No. 2/99/M that provides for the general right of association without authorization whatsoever (section 2(1)). The Government further indicates that on 30 June 2005 a bill regulating the fundamental right of freedom of association was sent to the Parliament but that it could not be discussed because the necessary tripartite discussions could not be carried out within the Permanent Council for Social Partnership but it will be examined at the next session of the Legislative Assembly. The Committee hopes that the new legislation covering domestic workers will soon be adopted in order to ensure that these workers have the right to establish or join trade union organizations, and requests the Government to indicate the progress made in its next report.

Article 3 of the Convention. Right of workers’ and employers’ organizations to formulate their programmes and the right of workers’ organizations to exercise the right to strike. The Committee notes with interest the Government’s indication that this question will also be addressed by both the Bill amending labour legislation and the Bill regulating the fundamental right of freedom of association. The Committee hopes that these Bills will be adopted in the near future and will guarantee the right to strike to all workers with the only possible exception being those in essential services in the strict sense of the term and public servants exercising authority in the name of the State. The Committee requests the Government to keep it informed of developments in this respect.

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The Committee notes the Government’s report and the information provided. The Committee recalls that in its previous comments it raised two questions on the following points.

Article 2 of the Convention. The Committee requested the Government to indicate whether domestic workers and homeworkers were guaranteed the right to organize by provisions other than Decree-Law No. 24/89M on labour relations in Macau, which explicitly excludes these categories of workers. The Committee notes the Government’s indication that domestic workers are not covered either by this Decree-Law or any other legislation, because up to now this kind of work was performed by non-resident workers whose status is regulated by special legislation that does not address the subject of freedom of association. However, the situation has changed now and domestic work is performed by local workers. In order to cope with this new situation a new Bill amending the labour legislation has been drafted and is under consultation with the social partners. The Committee recalls that Article 2 of the Convention provides that: "Workers and employers, without distinction whatsoever, shall have the right to establish and ... to join organizations of their own choosing ... ." The right to organize should therefore be considered as the general principle, the only exception to which is that stipulated in Article 9 of the Convention, which permits States to determine the extent to which the guarantees provided for in the Convention apply to the armed forces and the police (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 45). The Committee hopes that the new legislation covering domestic workers will soon be adopted in order to ensure that all workers in the country whether or not they are residents have the right to establish or join trade union organizations, and requests the Government to indicate in its next report the progress made in this respect.

With regard to homeworkers, the Committee notes the Government’s indication that these workers are not totally excluded from the scope of Decree-Law No. 24/89M. According to the Government, section 3 only excludes homeworkers from the application of Chapters III, IV and V of the Decree-Law which cover working hours, organization of work, and the suspension of employment and salaries, because of their particular status. Moreover, section 6, establishing the principle of the prevalence of agreements over the law when they are more favourable to the worker, is applicable to homeworkers. In addition, all the other provisions concerning freedom of association contained in Law No. 2/99M regulating freedom of association in general, are applicable.

Article 3. The Committee requested the Government to indicate whether the right of workers’ and employers’ organizations to formulate their programmes and the right of workers’ organizations to exercise the right to strike was set out in the legislation and whether in practice workers’ organizations may have recourse to strikes without having penalties imposed. The Committee notes the Government’s indication that these rights are not specifically established in Decree-Law No. 24/89M, but derive directly from section 27 of the Basic Law that provides for freedom of expression, freedom of the press, freedom of association, freedom to hold meetings, parades and demonstrations, freedom to organize and join trade unions and to go on strike. The Government recognizes the lack of specific regulation on the right to strike and indicates that a draft instrument that will address this question is before the Legislative Assembly. The Government adds that to date there have been no cases related to the exercise of the right to strike. The Committee hopes that a new Bill will be adopted in the near future so as to clearly ensure the right to strike, in accordance with Articles 3 and 10 of the Convention, to all workers with the only possible exception being those in essential services in the strict sense of the term and public servants exercising authority in the name of the State. It requests the Government to keep it informed of developments in this respect.

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The Committee notes the Government’s report and the information provided on the following points:

- there are no legislative provisions in the Macau Special Administrative Region guaranteeing the right to organize of workers’ and employers’ organizations. These are governed by Law No. 2/99/M regulating the right of association in general, Decree-Law No. 24/89/M respecting labour relations and, with regard to public servants, Decree-Law No. 87/89/M approving the conditions of service of public employees in Macau;

- Law No. 2/99/M guarantees freedom of association, establishes the right of associations to establish their own rules and choose their leaders in full freedom, and prohibits dissolution by administrative authority;

- section 6 of Decree-Law No. 24/89/M authorizes all accords or agreements concluded by employers and workers or their representatives;

- section 132 of Decree-Law No. 87/89/M establishes the right of workers to leave for up to one day a month to exercise their right to freedom of association;

- in the absence of specific internal provisions, organizations of employers and workers can establish federations and confederations in full freedom by virtue of the direct application of Article 5 of the Convention.

However, the Committee notes the following.

Article 2 of the Convention. By virtue of section 3(3)(a) and (4) of Decree-Law No. 24/89/M, this Decree is not applicable to domestic workers or homeworkers. The Committee recalls that Article 2 of the Convention guarantees freedom of association to all workers, without distinction whatsoever. It requests that the Government indicate whether the above categories of workers are covered by other provisions and, if not, to take the necessary measures to ensure full compliance with the provisions of the Convention.

Article 3. None of the provisions mentioned refers to the right of workers’ and employers’ organizations to formulate their programmes, and particularly the right of workers’ organizations to exercise the right to strike. The Committee asks the Government to indicate whether this right is set out in the legislation and whether, in practice, employers’ and workers’ organizations may have recourse to strikes without having penalties imposed. The Committee also requests that the Government indicate the circumstances in which these organizations can have recourse to strike action.