Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 1, paragraph 1, of the Convention. Equality of treatment. The Committee notes that, according to statistical information from the Labour Affairs Bureau, there were approximately 100,000 non-resident workers employed on the territory of the Macau SAR in 2008, composed, inter alia, of nationals of the following countries which have ratified the present Convention: Australia, Mainland China, Indonesia, Malaysia, the Philippines and Thailand. The Government states that no matter whether the workers are local or non-local residents, the Government shall rigorously abide by the relative laws and regulations to guarantee the workers’ legitimate rights and interests to proper compensation. In this respect, Section 3, paragraph 3(d), of Decree‑law No. 24/89/M on labour relations provides that this decree shall not apply to working relationships between an employer and a non-resident worker, which are regulated by Order No. 12/GM/88. In accordance with Section 9(d)(4) of the latter, foreign workers’ employment contracts must first be registered with the Office of Employment Affairs which shall verify whether these contracts contain a clause for the provision of assistance in cases of occupational accidents and diseases. Please indicate whether, in practice, this clause ensures that contracts concluded with foreign workers are made subject to the provisions of Decree-law No. 40/95/M, as amended, on the compensation of industrial accidents and occupational diseases, in conformity with the principle of equality of treatment guaranteed by the Convention.

Application of the Convention in practice. With reference to its previous comments, the Committee notes the information supplied by the Government concerning the application in practice of section 9(d)(5) of Order No. 12/GM/88, of 1 February 1988, establishing the general regime for hiring non-resident workers. It notes, in particular, the declaration made by the Government that none of the non-local resident workers has been listed as undesirable, nor repatriated, for reasons of an industrial accident.