Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Employment Policy Convention, 1964 (No. 122) - China - Macau Special Administrative Region (Ratification: 1999)

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The Committee notes the Government’s indication concerning the observations made by representative organizations of workers, communicated together with the Government’s report. It nevertheless notes that the Government does not name these organizations.

Articles 1 and 2 of the Convention. Employment trends and implementation of an active employment policy. The Committee notes the information provided by the Government on the negative impact of COVID-19 on the local economy and the response measures taken. In particular, it notes that, from the first quarter of 2020 to the first quarter of 2021, due to the pandemic, the number of people employed in specific sectors such as construction, hotel and catering, wholesale and retail, industrial and commercial services, decreased significantly, mainly due to the drop in the number of tourists, the decline in business in related industries and the plummeting demand for human resources. The unemployment rate in the Macau Special Administrative Region (MSAR) reached 2.9 per cent in the first quarter of 2021, while the underemployment rate reached 4.8 per cent, their highest levels since the second quarter of 2017. The Government indicates that the Labour Affairs Bureau (the Bureau) works closely with the social partners and regional offices (especially Guangdong Province in the Chinese mainland) to provide vocational training courses that meet the needs of the labour market and enhance the employment opportunities, competitiveness and mobility of MSAR residents. To this end, the vocational training system has evolved to include “skill upgrading”, “paid on-the-job training” and “training for certificate” courses. According to the statistical data provided by the Government, the number of trainees participating in the Bureau’s vocational training courses has steadily increased, from 4,553 persons in 2017 to 14,273 in 2020, before falling by more than 50 per cent (to 6,803) in March 2021, due to the pandemic. To assist those who lost their employment during the pandemic, the Government launched various subsidised training and up-skilling programmes. In their observations, the workers’ organizations indicate that the legal framework for the vocational training system in the MSAR should be improved to create more favourable conditions for residents to participate in vocational training. The Government refers to surveys carried out by the Bureau on the employment status of trainees after training and certification in 2017 and 2019, respectively. It adds that, according to the surveys, the employment promotion measures implemented have had an impact on the skills improvement, upward or horizontal career mobility and salary increase of trainees. The workers’ organizations observe that Law No. 21/2009 on the Employment of Non-resident Workers stipulates that non-resident employees should be used only to ease local labour shortages and that the Government must give priority to the employment of residents. The Government indicates that the temporary importation of non-local workers is only to supplement a lack of human resources. To this end, the “Amendment to Law No. 21/2009 on Employment of Non-resident Workers”, which came into force on 5 October 2020, requires non-locals to first obtain an “Entry Permit for Work Purpose” before applying for an “Authorization to Stay as Worker”. The purpose of the Amendment is to balance the supply and demand of human resources in the labour market while protecting the rights and interests of locals. The Government indicates that the social partners are actively involved in formulating, planning, coordinating and following up on employment policy measures. Moreover, to formulate employment policies that have a significant impact, the Government holds public consultations or special information sessions to involve the social partners and the general public. The Government refers to Article 115 of the Basic Law of the MSAR, which requires the Government to “establish consultative co-ordination organizations composed of representatives from the government, the employers’ organizations and the employees’ organizations.” Accordingly, the Standing Committee for Coordination of Social Affairs was established to serve as a consultative body for the Chief Executive on social and labour policies. Its main function is to enable workers, employers and the government to engage in dialogues and express opinions on the social and labour policies of the MSAR. The Committee invites the Government to continue to provide detailed updated information, including statistical data disaggregated by sex, age and economic sector, on the nature and impact of measures implemented by the Labour Affairs Bureau, to promote full, productive and freely chosen employment. It also requests the Government to provide information on the measures taken or envisaged to strengthen the resilience and capacity of the vocational training system to enable it to rapidly adapt to changes in the labour market to meet the needs of both job seekers and employers. In addition, the Committee requests the Government to continue to provide concrete examples of the involvement of the social partners in the formulation and implementation of employment policies and programmes in the MSAR.

Disadvantaged workers. The Government indicates that a series of measures, such as employment seminars and workshops on information, counselling and career planning have been introduced to facilitate the social integration and employment of disadvantaged groups of workers with low academic qualifications, low skills and less work experience, or those with disabilities. In this regard, the Government refers to specific measures taken to promote the employment of young people and persons with disabilities. The Committee notes the detailed statistics provided by the Government on the participation of disadvantaged workers in various employment programmes and the impact of promotional measures taken in terms of increasing their access to employment opportunities. In particular, it notes that, since 2020, as a result of the pandemic, the employment rate of young people aged 16 to 24 has decreased from 23.4 per cent in 2019 to 18.5 per cent in 2021. The Committee requests the Government to continue to provide detailed updated information, including statistical data disaggregated by age and sex, on the nature and impact of measures taken to promote full, productive, freely chosen and sustainable employment for persons vulnerable to decent work deficits, including women, young persons, persons over the age of 50, the long-term unemployed and persons with disabilities.

Atypical forms of employment. The Government indicates that, following consultations with the social partners, the draft Part-time Labour Relations Law has been referred to the Standing Committee for the Coordination of Social Affairs for further discussion. The Government indicates that further information on the outcome of the draft bill will be communicated in its next report. In this regard, the workers’ organizations indicate that the Labour Relations Law, which establishes the statutory minimum standard of employment security in the MSAR, should not adopt different statutory minimum standards depending on the form of employment. They add that any proposed labour laws that provide less protection than the Labour Relations Law will be resolutely rejected, expressing the view that the Government should not establish two sets of labour standards for the working class. The Committee requests the Government to keep the Office informed of the status of development of the draft Part-Time Labour Relations Law.

Small and medium-sized enterprises (SMEs). The Government indicates that promotional measures are no longer limited to tourism and leisure-related industries, with most SMEs assisted being engaged in retail trade, wholesale trade, construction and public works. The Macao Economic and Technological Development Bureau has introduced multiple measures to enhance the performance and competitiveness of SMEs. To this end, on 1 February 2021, the Economic Services was restructured and new measures were taken to promote innovation and partnership. These measures include financial support. such as “the SME Credit Guarantee Scheme”, “SME Special Credit Guarantee Scheme” and the “SME Aid Scheme”. The Committee notes that, during the reporting period, a total of 7,354 “SME Aid Scheme” applications were approved (providing more than 2.71 billion MOP in aid) and 249 additional grants (totalling around 639 million MOP) were awarded under the other two schemes. The Committee welcomes the statistical information provided by the Government on the distribution of the “SME Aid Scheme” to existing and emerging industries. The Government further refers to the “Subsidy Scheme for Encouraging Enterprises’ Upgrading and Development” launched in March 2021, which offers subsidies to investors who carry out projects benefitting the economic growth of the MSAR. It also refers to the “Young Entrepreneurs Aid Scheme”, noting that under the latter scheme, 720 applications were approved (totalling 142 million MOP) and created more than 2,400 jobs during the reporting period. In addition, the Government established the “Macao Young Entrepreneur Incubation Centre”, which provides entrepreneurial as well as counselling services to young entrepreneurs and has strengthened cooperation with professional institutions, youth groups and universities to encourage knowledge sharing and promote youth entrepreneurship activities. The Government has also taken measures to promote cooperation and exchange with overseas young entrepreneurs and is assisting young people in starting businesses on the Chinese mainland, especially in the Greater Bay Area. TheCommittee requests the Government to continue to provide updated information on measures and programmes implemented in support of SMEs and their impact in terms of improving the SMEs' business environment, enhancing workers’ skills and creating decent jobs. It also requests the Government to provide information on the impact that measures taken to promote youth entrepreneurship have had on the creation of jobs.