Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - China - Macau Special Administrative Region (Ratification: 1999)

Article 1(1) of the Convention. Equality of treatment. In its report received in August 2012, the Government refers to the adoption of new laws during the period covered by the report, namely: Administrative Regulation No. 10/2007, Labour Relations Law No. 7/2008 and Employment of Non-Resident Workers Law No. 21/2009, which repeal Decree-Law No. 24/89/M and Ordinance No. 12/GM/88.

The Committee notes with interest the adoption of these laws, in particular Law No. 21/2009, section 2(3) of which provides that non-resident workers shall be entitled to treatment no less favourable than that accorded to local workers with respect to labour rights and duties and conditions of work. Section 20 adds that employment relationships established with non-resident workers are governed by the general employment relationship regulations as regards rights, duties and guarantees.

As regards Decree-Law No. 40/95/M concerning compensation for industrial accidents and occupational diseases, the Government indicates that this law explicitly protects non-resident workers’ rights since any employers who fail to fulfil their obligations under section 62 of the law – which stipulates that employers must, by means of an insurance contract, transfer the responsibility for paying compensation to insurers who are authorized to make payments – will be liable to a fine ranging from 1,000 to 5,000 Macau patacas (MOP) (approximately US$125 to 625) for each worker concerned (section 66(1)). The Committee requests the Government to provide up-to-date information on the number of non-resident workers employed in its territory and the number and amount of fines imposed under section 66(1) of Decree-Law No. 40/95/M for each year from 2012 until the year of the next Government’s report on this Convention.