Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

style='font-weight:normal'>(notification: 1999)

Sexual harassment. The Committee recalls that the Labour Relations Law No. 7/2008 does not define and prohibit quid pro quo and hostile environment sexual harassment. It notes the Government’s view that sections 9, 11, 71, 77 and 85 of the Law provide adequate protection and remedies against sexual harassment. The Committee notes, however, that sections 9 and 11 concern a general obligation by employers and employees to treat each other with respect and mutual courtesy, and that pursuant to section 71, the only remedy provided to the employee against sexual harassment by an employer, or his or her representative, appears to be rescinding the contract. The Committee therefore considers that these provisions do not provide an appropriate legal basis for protection against and the bringing of complaints concerning sexual harassment. The Committee notes that awareness-raising campaigns have been organized on the Labour Relations Law, but remains unclear about how the issue of sexual harassment has been addressed. The Committee asks the Government to take more proactive steps to adopt appropriate legislation concerning sexual harassment, including appropriate remedies, and initiate consultations with workers’ and employers’ organizations to this end. It urges the Government to increase its efforts to raise awareness among workers and employers, and their organizations, of sexual harassment at work.

Promotion of gender equality. The Committee notes that the Consultative Commission for Women’s Affairs has commissioned a “Report on the present conditions of women in Macao, 2008”, which includes data on women’s employment, but which is not yet publicly available. It further notes from the recent statistics in the Government’s report that women’s labour force participation continues to increase but that the labour market remains highly gender segregated. Women are under-represented in the construction industry, the transportation, storage and communication industry, and the real estate, leasing and services to enterprises industry, while being over-represented in the industries regarding services to groups, society and individuals, and domestic services. Women are also overrepresented in the occupational groups of office clerks, and unskilled workers, and underrepresented as members of legislative organs, high officials of public administration, leaders of societies and managers of enterprises, and as handicraft workers, machines operators, drivers and assemblers. The Committee asks the Government to indicate the measures taken or envisaged to promote women’s participation in a wider range of industries and occupations, including in those that are typically dominated by men, as well as those involving posts of responsibility. Please also provide information on the findings of the 2008 study on the conditions of women and on any recommendations made to improve the situation of women in the labour market.

Discrimination on the basis of race, colour and national extraction. The Committee notes from statistics for 2007 that over 50 per cent of the non-resident employees are from mainland China. In addition, a large number come from the Philippines (two-thirds of them being women) and Hong Kong SAR (mostly men), followed by Indonesia (mostly women) and Viet Nam and Nepal (mostly men). The Committee further notes that Law No. 21/2009 on the Employment of Non-resident Workers provides that the hiring of non-resident workers shall be subject to the principles of non-discrimination (equal treatment with resident workers with regard to rights, obligations and working conditions) and equal remuneration for identical work or work of equal value (section 2(3) and (4)). In addition, section 20 provides that labour relations entered into with the non‑resident worker shall be governed by the labour relations law. The Committee also notes, however, that pursuant to section 2(5), resident workers shall have precedence over non-resident workers with respect to hiring and maintaining their employment position. The Committee asks the Government to provide information on the practical measures envisaged to prevent discrimination against resident and non-resident workers based on race, colour and national extraction in employment and occupation. The Government is also requested to indicate how it ensures that the practical application of section 2(5) of Law No. 21/2009 does not lead to discrimination against non-residents on grounds set out in the Convention and, in particular, race, colour and national extraction, with respect to hiring and job security. Please also provide information on any cases addressed by the competent authorities relating to the provisions concerning equality and non-discrimination in the Labour Relations Law No. 7/2008 and the Employment of Non-resident Workers Law No. 21/2009.

Articles 1 and 4 of the Convention. Discrimination on the basis of political opinion. The Committee recalls its previous comments regarding section 300(1) and (2) of the Penal Code establishing the offences 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”, and of spreading “false or demagogic information that may frighten or unsettle the residents”. The Committee notes the Government’s indication that there have been no judicial decisions regarding these provisions. The Committee requests the Government to continue to provide information on the practical application of section 300(1) and (2) of the Penal Code, including information on the number of persons convicted under these provisions and the sentences imposed.

Article 5. Special measures of protection. The Committee notes the information provided by the Government regarding the draft legislation entitled “Occupational safety and health charter”, adopted by the Standing Committee for the Coordination of Social Affairs in 2007, which would include provisions protecting women during pregnancy and for three months following child birth. Noting that the Government intends to provide information in its next report on the progress made in enacting the legislation, the Committee hopes that the Charter’s provisions will be free from stereotyped assumptions on work considered “appropriate” for women, and asks the Government to provide a copy of the text of the new legislation, once enacted.

Labour inspection. The Committee notes the Government’s indication that no work has yet been undertaken to develop guidance for labour inspectors to enable them to identify and handle cases relating to discrimination in employment and occupation. The Government also indicates that no judicial decisions have been handed down in relation to the application of the principles of the Convention, nor have any complaints been received. The Committee, recalling the important role of labour inspectors and judges in promoting and implementing the principles of the Convention and the national legislation on equality, encourages the Government to undertake more efforts to develop specific guidance for labour inspectors and judges on addressing cases of discrimination. Please continue to provide information on any relevant cases dealt with by the labour inspectors or the courts.