Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - China - Macau Special Administrative Region (Ratification: 1999)

The Committee notes the observations made by the International Trade Union Confederation (ITUC) in communications dated 1 September 2013 and 31 August 2014. The Committee requests the Government to provide its comments thereon.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Scope of application of the Convention. The Committee had previously requested the Government to provide information on the measures taken for the establishment of a legal system of labour relationship for employees working part-time and seafarers who do not fall within the scope of the Labour Relations Act (section 3.3(2) and (3)). The Committee notes that the Government indicates in its report that pending the entry into force of the special regime for part-time workers and seafarers, the provisions of the Labour Relations Act shall apply to these categories of employees. It further notes the Government’s indication that it is undertaking legislative studies in relation to establishing special labour relationship regimes for part-time workers and seafarers. The Committee trusts that any new framework will allow these categories of workers to exercise their right to organize and to bargain collectively. It requests the Government to provide information on any development in this regard.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee had previously noted that sections 6 and 10 of the Labour Relations Act prohibit any acts of discrimination against workers due to their union membership or the exercise of their rights, and that section 85(1)(2) provides for sanctions in case of violation of these provisions (from 20,000 to 50,000 Macau patacas (MOP) equivalent to US$2,500–6,200). Considering that these fines might not be sufficiently dissuasive, particularly for large enterprises, the Committee had previously requested the Government to indicate the measures taken or envisaged to strengthen the existing sanctions in order to be more efficient in cases of anti-union discrimination. The Committee notes with regret that no information has been provided by the Government in this respect. It therefore reiterates its request.

Article 2. Adequate protection against acts of interference. The Committee had previously noted that sections 10 and 85 of the Labour Relations Act did not explicitly prohibit all acts of interference as described in Article 2 of the Convention, nor guaranteed adequate protection to workers’ organizations against acts of interference by employers or their organizations by means of dissuasive sanctions and rapid and effective procedures. The Committee therefore requested the Government to take the necessary measures to amend the legislation so as to include express provision for rapid appeal procedures, coupled with effective and dissuasive sanctions against acts of interference in order to ensure the application in practice of this Article. The Committee regrets that no information has been provided by the Government in this respect. It therefore reiterates its request.

Articles 1, 2 and 6. Protection of public servants against acts of anti-union discrimination and interference. The Committee had previously noted that according to sections 89(1)(n) and 132 of the General Provisions on the Personnel of the Public Administration in Macao, public servants have the right to take part in trade union activities, but that this law does not contain any provision against anti-union discrimination and interference. Thus, the Committee had requested the Government to indicate which provisions afford to public servants adequate protection against acts of anti-union discrimination and interference and that in the event that there is no such protection, to take the necessary measures to amend the legislation accordingly. The Committee notes that while indicating that public servants do enjoy the right of association by virtue of the above legislative provisions, the Government provides no information as to the protection afforded to public servants against acts of anti-union discrimination and interference. The Committee therefore reiterates its previous request.

Article 4. Absence of provisions on collective bargaining in the private and public sectors. The Committee had requested the Government to take the necessary measures to ensure the full application of Article 4 of the Convention and to indicate any development concerning the adoption of the Act on the Fundamental Rights of the Unions or any provision regulating the right to collective bargaining in the private sector. The Committee notes the Government’s indication that the draft law was once again defeated and that significant disagreement still exists on the issue of collective bargaining. The Government indicates that once the general social consensus will be reached regarding the legislation on trade union rights and collective bargaining, it will immediately begin the relevant legislative procedure, making efforts to consult all relevant parties when preparing any policy and measures concerning labour, and that it will continue to ensure the effective implementation of labour standards through active intervention and coordination between parties.

The Committee notes that the Government provides no information on the measures taken to recognize collective bargaining in the public sector.

The Committee further notes that the Government commits itself to work under the existing legislation to protect the rights of employees and to promote the implementation of the Convention.

The Committee once again requests the Government to take the necessary measures in the very near future to ensure the full application of Article 4 both in the public and private sectors and to provide information on any legislative development in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.