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Repetition Article 3 of the Convention. Right to strike. In its previous comments, the Committee invited the Government to take the necessary measures, in consultation with the social partners, to ensure that the right to strike could be exercised in practice and to provide information on the adoption of the draft Law on the Fundamental Rights of Trade Unions. The Committee notes the Government’s indication that the proposed law was submitted to the Legislative Assembly for adoption in 2014 and again met with failure following other failed attempts in June 2005, July 2007, April 2009 and March 2013. The Committee notes that most legislators believed that it was not a good time for such legislation as there were no intense conflicts between labour and management, and a consensus should first be reached on the basis of in-depth discussions and broad consultations. The Government however indicates that it is committed to maintaining harmonious and stable labour relations. Noting the Government’s indication that it will immediately launch relevant legislative procedures when a broad consensus on the subject has been achieved, the Committee requests it to provide information on any development in this regard. In the meantime, the Committee requests the Government to take the necessary measures to ensure that the right to strike, which according to the Government is protected by a series of laws and regulations, can be effectively exercised.
The Committee notes that the Government’s report has not been received. The Committee further notes the comments submitted by the International Trade Union Confederation (ITUC) on 26 August and 9 September 2009 concerning the dismissal of workers due to their participation in strikes, obstacles to trade union registration, and police repression during May Day celebrations in 2007 and 2008 and other demonstrations. The ITUC also refers to the risk of potentially broad interpretation of the recently approved National Security Laws that could impact on the activities held by trade unions. The Committee requests the Government to send its observations in this respect.
Article 2 of the Convention. The Committee notes that the ITUC alleges that domestic workers, migrant workers and civil servants do not enjoy trade union rights. The Committee recalls that the Convention applies to all these categories of worker. The Committee requests the Government to ensure, through the corresponding legislation, the rights enshrined in the Convention and to inform it of any developments respecting this matter.
Article 3 of the Convention. Right of organizations to freely organize their activities and to formulate their programmes. Right to strike. The Committee recalls that in its previous comments it noted the Government’s indication that two bills were in discussion in the Legislative Assembly and expressed the hope that the draft legislation would be in full conformity with the Convention. The Committee notes that no specific legislation has been adopted on this matter. The Committee notes the comments from the ITUC concerning restrictions to the right to strike and invites the Government to take measures to ensure the legal recognition of this right, in consultation with the social partners.
Finally, the Committee requests the Government to inform it of any development concerning the adoption of the draft Law on the Fundamental Rights of Unions and expresses the hope that it will be in full conformity with the Convention.
The Committee notes the Government’s report.
Article 3 of the Convention. The Committee recalls that in its previous report it had noted the Government’s indication that the right of workers’ and employers’ organizations to formulate their programmes and the right of workers’ organizations to exercise the right to strike would be addressed by both the Bill amending labour legislation and the Bill regulating the fundamental right of freedom of association. The Committee notes that in its present report, the Government indicates that a draft new Labour Law has been approved by the plenary of the Legislative Assembly after having taken into account the views of the Standing Committee for the Coordination of Social Affairs that is a tripartite consultative organ. The Government further indicates that the draft new Labour Relations Juridical System passed the first article-by-article examination by the Third Standing Committee of the Legislative Assembly and that a widespread consultation is currently taking place among citizens and groups, which was estimated to be completed by the end of July 2007. The article-by-article examination will continue after the consultation. The Committee notes, however, that the Government indicates that during the revision of the draft Labour Law, the chapter on the right to organize and collective bargaining was deleted due to the fact that a Law on Trade Unions had not yet been elaborated. Moreover, the Government indicates that the Law on Trade Unions (draft Law on the Fundamental Rights of the Unions) proposed by some members of the Legislative Assembly in June 2005 was subject to deep and broad consultations and discussions among the social partners and gave rise to numerous reactions from different groups, in particular with respect to the influence that the transformation of the existing labour groups into union-like organizations would have on the development of Macao’s economy. Although, neither the draft Labour Law nor the draft Law on the Fundamental Rights of the Unions were approved by the Legislative Assembly, the Government underlines its will to fully implement the Convention. The Committee expresses the hope that the draft legislation will be in full conformity with the Convention and requests the Government to keep it informed of any developments in this respect.
The Committee notes the Government’s report and the information provided. The Committee recalls that in previous comments it raised two questions on the following points.
Article 2 of the Convention. Right to organize of domestic workers. The Government had indicated in its previous comments that taking into account that the Decree-Law No. 24/89M on labour relations in Macau explicitly excludes these categories of workers, a new bill amending labour legislation had been drafted and was under consultation with the social partners in order to cover these workers. The Committee takes note that in its present report, the Government indicates that due to the complexity of the issues at stake, several discussions have been taking place with the social partners, which have not finished yet. The Government indicates that the new Bill will soon be sent to the Legislative Assembly.
Furthermore, the Committee takes note of the Government’s indication that domestic workers are also under the scope of Law No. 2/99/M that provides for the general right of association without authorization whatsoever (section 2(1)). The Government further indicates that on 30 June 2005 a bill regulating the fundamental right of freedom of association was sent to the Parliament but that it could not be discussed because the necessary tripartite discussions could not be carried out within the Permanent Council for Social Partnership but it will be examined at the next session of the Legislative Assembly. The Committee hopes that the new legislation covering domestic workers will soon be adopted in order to ensure that these workers have the right to establish or join trade union organizations, and requests the Government to indicate the progress made in its next report.
Article 3 of the Convention. Right of workers’ and employers’ organizations to formulate their programmes and the right of workers’ organizations to exercise the right to strike. The Committee notes with interest the Government’s indication that this question will also be addressed by both the Bill amending labour legislation and the Bill regulating the fundamental right of freedom of association. The Committee hopes that these Bills will be adopted in the near future and will guarantee the right to strike to all workers with the only possible exception being those in essential services in the strict sense of the term and public servants exercising authority in the name of the State. The Committee requests the Government to keep it informed of developments in this respect.
The Committee notes the Government’s report and the information provided. The Committee recalls that in its previous comments it raised two questions on the following points.
Article 2 of the Convention. The Committee requested the Government to indicate whether domestic workers and homeworkers were guaranteed the right to organize by provisions other than Decree-Law No. 24/89M on labour relations in Macau, which explicitly excludes these categories of workers. The Committee notes the Government’s indication that domestic workers are not covered either by this Decree-Law or any other legislation, because up to now this kind of work was performed by non-resident workers whose status is regulated by special legislation that does not address the subject of freedom of association. However, the situation has changed now and domestic work is performed by local workers. In order to cope with this new situation a new Bill amending the labour legislation has been drafted and is under consultation with the social partners. The Committee recalls that Article 2 of the Convention provides that: "Workers and employers, without distinction whatsoever, shall have the right to establish and ... to join organizations of their own choosing ... ." The right to organize should therefore be considered as the general principle, the only exception to which is that stipulated in Article 9 of the Convention, which permits States to determine the extent to which the guarantees provided for in the Convention apply to the armed forces and the police (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 45). The Committee hopes that the new legislation covering domestic workers will soon be adopted in order to ensure that all workers in the country whether or not they are residents have the right to establish or join trade union organizations, and requests the Government to indicate in its next report the progress made in this respect.
With regard to homeworkers, the Committee notes the Government’s indication that these workers are not totally excluded from the scope of Decree-Law No. 24/89M. According to the Government, section 3 only excludes homeworkers from the application of Chapters III, IV and V of the Decree-Law which cover working hours, organization of work, and the suspension of employment and salaries, because of their particular status. Moreover, section 6, establishing the principle of the prevalence of agreements over the law when they are more favourable to the worker, is applicable to homeworkers. In addition, all the other provisions concerning freedom of association contained in Law No. 2/99M regulating freedom of association in general, are applicable.
Article 3. The Committee requested the Government to indicate whether the right of workers’ and employers’ organizations to formulate their programmes and the right of workers’ organizations to exercise the right to strike was set out in the legislation and whether in practice workers’ organizations may have recourse to strikes without having penalties imposed. The Committee notes the Government’s indication that these rights are not specifically established in Decree-Law No. 24/89M, but derive directly from section 27 of the Basic Law that provides for freedom of expression, freedom of the press, freedom of association, freedom to hold meetings, parades and demonstrations, freedom to organize and join trade unions and to go on strike. The Government recognizes the lack of specific regulation on the right to strike and indicates that a draft instrument that will address this question is before the Legislative Assembly. The Government adds that to date there have been no cases related to the exercise of the right to strike. The Committee hopes that a new Bill will be adopted in the near future so as to clearly ensure the right to strike, in accordance with Articles 3 and 10 of the Convention, to all workers with the only possible exception being those in essential services in the strict sense of the term and public servants exercising authority in the name of the State. It requests the Government to keep it informed of developments in this respect.
The Committee notes the Government’s report and the information provided on the following points:
- there are no legislative provisions in the Macau Special Administrative Region guaranteeing the right to organize of workers’ and employers’ organizations. These are governed by Law No. 2/99/M regulating the right of association in general, Decree-Law No. 24/89/M respecting labour relations and, with regard to public servants, Decree-Law No. 87/89/M approving the conditions of service of public employees in Macau;
- Law No. 2/99/M guarantees freedom of association, establishes the right of associations to establish their own rules and choose their leaders in full freedom, and prohibits dissolution by administrative authority;
- section 6 of Decree-Law No. 24/89/M authorizes all accords or agreements concluded by employers and workers or their representatives;
- section 132 of Decree-Law No. 87/89/M establishes the right of workers to leave for up to one day a month to exercise their right to freedom of association;
- in the absence of specific internal provisions, organizations of employers and workers can establish federations and confederations in full freedom by virtue of the direct application of Article 5 of the Convention.
However, the Committee notes the following.
Article 2 of the Convention. By virtue of section 3(3)(a) and (4) of Decree-Law No. 24/89/M, this Decree is not applicable to domestic workers or homeworkers. The Committee recalls that Article 2 of the Convention guarantees freedom of association to all workers, without distinction whatsoever. It requests that the Government indicate whether the above categories of workers are covered by other provisions and, if not, to take the necessary measures to ensure full compliance with the provisions of the Convention.
Article 3. None of the provisions mentioned refers to the right of workers’ and employers’ organizations to formulate their programmes, and particularly the right of workers’ organizations to exercise the right to strike. The Committee asks the Government to indicate whether this right is set out in the legislation and whether, in practice, employers’ and workers’ organizations may have recourse to strikes without having penalties imposed. The Committee also requests that the Government indicate the circumstances in which these organizations can have recourse to strike action.