Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee takes due note of the Government’s first report and wishes to draw its attention to the following point.

Article 1, paragraph 1, of the Convention. The Committee notes the Government’s declaration that the legislation in force in Macau (SAR) with respect to occupational accidents is applicable to all workers, regardless of their country of origin. It further notes that the employment of non-resident workers is made conditional, inter alia, upon the mandatory conclusion by the employer of an insurance contract providing for assistance in case of occupational accidents. It observes, in this respect, that section 9(d) of Order No. 12/GM/88, of 1 February 1988, establishing the general regime for hiring non-resident workers, stipulates that foreign workers’ employment contracts must first be registered with the Office of Employment Affairs which shall verify whether these contracts contain, among other prerequisites: (i) a clause for the provision of occupational accident assistance; and (ii) a clause on the repatriation of "undesirable" workers, provided that in such cases insurance against occupational accidents shall be guaranteed (section 9(d)(4) and (5)). The Committee would be grateful if the Government would provide further information on the enforcement of the abovementioned provision on repatriation of "undesirable" workers and, in particular, on the manner in which it is guaranteed that such a provision may not be used against foreign workers by forcing them to leave Macau (SAR) following an occupational accident.