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

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.

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.