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

Labour Inspection Convention, 1947 (No. 81) - China - Macau Special Administrative Region (Ratification: 1999)

Other comments on C081

Observation

2022
2016

Direct Request

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Article 3(1) and (2) of the Convention. Cooperation with the police in combating illegal work. In its previous comments, the Committee noted that inspection staff of the Labour Affairs Bureau (DSAL) continued to assist in joint operations with the police to combat illegal work by checking the papers of employed persons or by acting as eyewitnesses.

The Government once again states that the involvement of the inspection staff in these operations does not interfere with the performance of their duties to ensure the protection of the rights of workers. It indicates that when the DSAL receives a worker’s complaint alleging a labour right violation and requiring assistance, even if the worker concerned does not have a proper work permit, the DSAL will in any case initiate an investigation and request the employer to pay the wage or compensation due to the de facto labour relationship. If the employer does not pay the amount due as requested, the case will be notified to the prosecutor. The Government also indicates in its report that, from 2014 to 2021, there are some cases transferred to the judicial authority involving irregular workers, namely two cases concerning wage arrears, one concerning medical expenses and compensation for work accident and two concerning death compensation due to work accident. The Government further clarifies that the offence of "illegal employment" committed by the employer under section 16 of Law No. 6/2004 on Illegal Entry, Illegal Stay and Deportation is a crime and is administered by the Special Administrative Region Government Security Police. On the other hand, irregular work is an administrative violation punishable for both workers and employers and regulated by the Law No. 21/2009 on the Employment of Foreign Employees and the Administrative Regulation No. 17/2004 on the Prohibition of Irregular Work. The DSAL imposes penalties on the offenders according to the law, so there is no case of irregular worker transferred to the judicial authority.

The Committee notes, however, that according to the 2021 annual inspection reports, 453 inspection visits were carried out relating to the implementation of the Law No. 21/2009 on the Employment of Foreign Employees and the Administrative Regulation No. 17/2004 on the Prohibition of Illegal Work, in addition to 40 joint inspection visits together with other authorities. Fines of 6,487,500 Macanese pataca (approximately US$787,280) were imposed, involving 320 employers, as well as 117 workers without work permits, 103 non-residents performing lucrative activities and 61 migrant workers carrying out work outside permitted scope.

In this regard, the Committee once again emphasizes that workers in a vulnerable situation may not be willing to cooperate with the labour inspection services or report any labour rights’ violation if they fear negative consequences, such as being fined, losing their job or being expelled from the country. The Committee once again urges the Government to take the necessary measures to ensure that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties, that is tosecure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. The Committee also requests that the Government continue to provide statistical information on the inspection visits carried out relating to the enforcement of Law No. 21/2009 on the Employment of Foreign Employees and the Administrative Regulation No. 17/2004 on the Prohibition of Illegal Work, as well as the number of workers subjected to any sanctions and the number of fines imposed. It further requests the Government to provide information on the enforcement of outstanding rights of undocumented migrant workers (including outstanding wages and other benefits deriving from their employment relationship).

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