Observation (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Chine - Région administrative spéciale de Macao (Ratification: 1999)

Autre commentaire sur C087

Observation

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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.