Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Labour Inspection Convention, 1947 (No. 81) - China - Macau Special Administrative Region (Ratification: 1999)

The Committee notes the Government’s report for the period ending 31 May 2006, containing information in reply to its previous comments. It also notes the annual reports on labour inspection activity for 2003 and 2004, and also the fact that the Government has sent copies of the Penal Code and legislation concerning the civil service.

Articles 10 and 11 of the Convention. The Committee notes with interest that a competition has been organized for the recruitment of new labour inspection trainees, that the latter have followed a course of training comprising both practical and theoretical components, and that the total number of labour inspectors was expected to reach 60 in early 2007. The Committee asks the Government to continue to supply information on developments in the number of labour inspection staff and their distribution. Referring to its previous comments, the Committee would be grateful if the Government would also supply details on the financial and logistical resources of the inspection services (computing, communication and transport facilities).

Article 7. Training of labour inspectors. The Government indicates that the labour inspectorate is based on a training system governed by the new regulations for the training of inspectors of the Department of Labour and Employment Services (DSTE), laid down by Order No. 31/2004 of 19 February 2004 of the Secretary of State for Economics and Finance. However, the Committee notes that this text does not contain any information on the training of labour inspectors in active service. It therefore asks the Government once again to clarify whether training courses, seminars or other in-service training activities are provided for inspectors.

Article 12, paragraph 1(c)(iv). The Committee notes the Government’s statement that section 24(1)(b) of Legislative Decree No. 60/89/M regulating the labour inspectorate authorizes labour inspectors to undertake analyses, either on the premises of the workplaces inspected or at the Labour Inspection Department (DIT), of all the elements needed for verification purposes during inspections. The Committee would be grateful if the Government would supplement this information by stating whether arrangements exist with public or private technical bodies to undertake technical investigations which require specific equipment or technology. It asks the Government to send any relevant documents.

Article 18. Revision of the amount of fines. The Committee notes the Government’s statement that a large number of draft laws and regulations concerning the updating and reinforcement of fines are being prepared. The aim of these drafts is to reduce violations of labour legislation and support the educational role of the DIT. The Committee would be grateful if the Government would inform the ILO of all developments in this area and send copies of any relevant texts.

Article 21. Annual inspection report. The Committee notes the inspection reports for 2003 and 2004. These detailed reports include statistics on inspections undertaken, workers covered, violations observed, penalties imposed and also employment accidents and cases of occupational disease. Since the number of workplaces liable to inspection and the number of workers employed therein (Article 21(c)) are essential data for evaluating the level of coverage of the labour inspection system, the Committee would be grateful if the Government would ensure that these are also included in the annual inspection report in future.