Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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

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.