Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s first report and related documentation attached thereto. It requests the Government to provide further information on the following points.

Status and conditions of service of the inspection staff (Article 6 of the Convention). The Committee notes that the Government’s report does not provide specific information as to whether the inspection staff is composed of public officials. It asks the Government to provide information on the status and conditions of service of labour inspectors, and the way in which they are assured of stability of employment and independence.

Recruitment of inspectors (Article 7, paragraphs 1 and 2). The Committee notes the Government’s indication that there are no other conditions further to the mandatory qualification for the post of labour inspector. The Committee requests the Government to provide detailed information on the way of recruitment of labour inspectors, in particular on the methods that are used in order to ascertain qualifications of labour inspectors on recruiting process.

Number of labour inspectors (Article 10). The Committee notes the Government’s indication that the present number of labour inspectors (38) is insufficient for the entire labour force (200,000 persons) of Macau Special Administrative Region, China. It hopes that the Government will provide further information in this regard, in particular why it considers this number to be insufficient.

Right of free entry (Article 12). The Committee notes that the Government’s report does not provide information as to whether inspectors are empowered to enter without previous notice during the periods specified in paragraphs (a) and (b) of the abovementioned Article, workplaces covered by the scope of the Convention. It requests the Government to provide information on this respect, and copies of any relevant regulations.

Duties of labour inspectors (Article 15(b) and (c)). The Committee notes the Government’s indication that obligations of inspectors laid down in paragraphs (b) and (c) of this Article are not enshrined in the provisions of domestic legislation. It hopes that the Government will provide information on any progress in this regard.

Adequacy of penalties for violation of legal provisions (Article 18). The Committee asks the Government to indicate whether penalties prescribed in the labour legislation are fixed at an adequately high level to have dissuasive effect in the enforcement of labour laws.