CMNT_TITLE

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - China - Macau Special Administrative Region (RATIFICATION: 1999)

Previous comment

Previous comment

Articles 2 and 3 of the Convention. Right to organize of all categories of workers. Right of organizations to organize their activities. In its previous comment, the Committee noted with regret that the draft Trade Union Law, which was meant to give effect to the right to organize and collective bargaining, has been pending adoption since 2005 and urged the Government to intensify its efforts to achieve consensus on the draft Law and to bring about its adoption in the near future. The Committee notes the Government’s indication that it undertook a public consultation between 31 October and 14 December 2021 in order to collect information and inputs on the legislation from all sectors of the society; a preliminary draft of the Law was then prepared and submitted to the Standing Committee for Social Coordination for consultations by the social partners, and later submitted to the Legislative Council for deliberation. The law was passed on 16 January 2023 and is currently under detailed review. The Committee notes the Government’s indications that further information will be provided in its next report and firmly expects that the Law will give full effect to the Convention and that a copy of the adopted legislation will be submitted with the Government’s next report.

The Committee previously requested 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 notes with regret that the Government provides no updated information with regard to the draft Part-Time Labour Relations Law or the Seafarers’ Labour Relations Law and maintains that both legislations require comprehensive discussion in order to be adopted into law. The Committee once again notes the Government’s reiteration 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 that workers in all industries, including seafarers and part-time workers, are entitled to freedom of association, organization, and the right to participate in trade union activities. In these circumstances, the Committee reiterates its previous request and expects that any legislative frameworks regulating the rights of specific categories of workers will be in full conformity with the Convention.

The Committee takes note of Law No. 13/21 of 15 September 2021, setting out the General Rules on Security Forces and Security Services Personnel, section 98 of which, according to the Government, imposes certain restrictions on the exercise of the rights to freedom of association of the officers included within the scope of the legislation during their term of employment. The Committee observes that section 2 of the Law extends its application to certain categories of workers, including agents from the ranks of the Fire Brigade and the Customs Services. Recalling that the only authorized exceptions from the scope of application of the Convention are members of the police and the armed forces, the Committee requests the Government to take the necessary measures to ensure that the above-mentioned categories of employees upon whom restrictions are imposed have the right to establish and join organizations of their own choosing and without previous authorization.The Committee requests the Government to provide information on all measures taken to this end.

Application of the Convention in practice. The Committee welcomes the updated statistics provided by the Government on the number of trade unions and observes that by May 2023, there were 463 registered workers’ organizations, which shows that, in comparison to the numbers of 2020, the number of registered worker-related associations continued to rise.