Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - China - Macau Special Administrative Region (Ratification: 1999)

Sexual harassment. Recalling its previous comments urging the Government to take appropriate measures to address sexual harassment at work, including the adoption of legislation that prohibits both “quid pro quo” harassment and hostile work environment, the Committee notes that no provisions in this regard have been included in the 2008 Labour Act. In its report, the Government states that neither the labour inspection department nor the courts have received any complaints concerning sexual harassment. The Committee considers that the absence of complaints by no means indicates that sexual harassment at work does not exist, but rather may result from an absence of an appropriate legal basis and procedural provisions for bringing complaints, lack of awareness of available protection and remedies, and victims being hesitant to raise complaints. The Committee therefore urges the Government once again to take appropriate measures to address sexual harassment at work, including through the adoption of appropriate legislation, awareness raising and cooperation with workers’ and employers’ organizations, and to provide information on the steps taken to this end.

Promotion of gender equality in the labour market. The Committee notes from the Employment Survey 2007 that the labour force participation rate for men and women continued to increase (76 per cent for men and 62.7 per cent for women in 2007). The Committee also notes that the Consultative Commission for Women’s Affairs has started to gather and examine laws and regulations concerning women and to study relevant data. It also plans to hold events to establish contacts with local women’s groups and campaigns to encourage women to safeguard their rights and interests. The Committee requests the Government to provide information on the outcome of the examination of relevant data and legislation by the Consultative Commission, as well as information on any promotional measures taken by the Commission relating to the promotion of gender equality in the labour market. The Committee also requests the Government to continue to provide statistical data on the situation of men and women in the labour market, including non-resident workers.

Discrimination on the basis of race, colour and national extraction. Recalling its previous comments concerning the measures to prevent discrimination on the grounds of race, colour or national extraction against non-resident workers, many of whom are from the Chinese mainland and the Philippines, the Committee notes the Government’s statement that a revision of the legislation on non-resident workers will make the majority of the provisions of the new Labour Law applicable to non-resident workers. The Committee requests the Government to provide information on any further developments regarding this matter, as well as information on any practical measures envisaged to prevent discrimination based on race, colour or national extraction.

Articles 1 and 4. Discrimination on the basis of political opinion. The Committee notes that section 300(1) of the Penal Code establishes the offence of inciting, in a public gathering or by any means of communication, collective disobedience of public order or law, with an intention to destroy, alter or overturn the established political, economic or social system. Section 300(2)(a) establishes the offence of spreading “false or demagogic information that may frighten or unsettle the residents”. Both offences are punishable with prison terms up to two years or fines. The Committee recalls that in protecting individuals against discrimination in employment and occupation based on political opinion, the Convention implies that this protection shall be afforded to them in respect of activities expressing or demonstrating opposition to the established political principles by non-violent means (Special Survey on Equality in Employment and Occupation, 1996, paragraphs 45 and 125). Persons engaging in activities expressing or demonstrating opposition of established political principles are not excluded from the protection of the Convention by virtue of Article 4. The Committee requests the Government to provide information on the practical application of section 300(1) and (2)(a) of the Penal Code, including information on the number of persons convicted under this provision and the sentences imposed.

Article 5. Special measures of protection. The Committee notes that following the adoption of the new Labour Law, the Government plans to establish, by way of a separate regulation, a list of jobs prohibited to women because they constitute a danger to their maternal function. Recalling the need to ensure that the new list is determined in cooperation with the social partners and that it is not based on stereotypical views of work that is considered appropriate for women, the Committee requests the Government to provide a copy of the list of prohibited jobs along with its next report.

Labour inspection. The Committee notes the information provided by the Government relating to one case concerning gender discrimination dealt with by the labour inspection department. While noting that labour inspectors are being trained on the Convention, the Committee requests the Government to provide further information on the practical guidance provided to labour inspectors to enable them to identify and address discrimination in employment and occupation contrary to the Convention and the legislation. Please also continue to provide information on any cases dealt with by the labour inspectors or the courts.