Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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. 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.