Observation (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

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

The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2016, which are of a general nature.

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

The Committee notes the observations on the application of the Convention submitted by the International Trade Union Confederation (ITUC) in a communication received on 1 September 2014, in particular, interference by the Government in trade union activities in the gaming sector. The Committee requests the Government to provide its comments thereon. The Committee also notes the Government’s reply concerning migrant workers wherein it indicated that both local workers and non-Macao resident workers enjoy the same legal guarantees with regard to freedom of association.

Article 2 of the Convention. Right to organize of part-time workers and seafarers. The Committee recalls from its previous comments that sections 3.3(2) and 3.3(3) of the Labour Relations Act excluded seafarers and part-time workers from its scope of application and that it had emphasized the need to adopt legislative frameworks that would allow these categories of workers to exercise the rights enshrined in the Convention. The Committee notes the Government’s indication that the Seafarers’ Labour Relations Law has been developed and is still under discussions. With regard to part-time workers, the Government indicates that, in 2013, employers’ and workers’ representatives discussed through the Standing Committee for Coordination of Social Affairs (CPCS) the framework for proposed regulations on part-time work and further indicates its intention to submit the regulations before the Legislative Assembly at an early date. The Committee notes the Government’s indication that, while the two bills are specially drafted to take account of the special nature of seafarers’ and part-timers’ employment relations, in principle the Labour Relations Act is applicable to those workers in terms of their basic rights to associate freely and organize and join trade unions. The Committee trusts that any new legislative or regulatory framework concerning seafarers and part-time workers will expressly grant them the rights enshrined in the Convention. It requests the Government to provide information on concrete steps taken in this regard.

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

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