Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Article 3(1) and (2) of the Convention. Cooperation with the police in combating illegal work. In its previous comments, the Committee noted with concern that inspection staff of the Labour Affairs Bureau (DSAL) continued to be involved in joint operations with the police to combat illegal work. It notes that in its report the Government reaffirms that inspection staff only assist the police in checking the papers of employed persons or by acting as eyewitnesses, but that they are not involved in the investigation, arrest, or transfer of those cases to the public prosecutor’s office, and that there is a clear distinction between the functions of the police and the DSAL. The Government states that the involvement of the inspection staff in these operations does not interfere with the performance of their duties to ensure the protection of the rights of workers. In this regard, the Committee would like to stress, once again, that the involvement of inspection staff in joint operations with the police is not conducive to the relationship of trust that is essential to ensuring the cooperation of both employers and workers. Workers in a vulnerable situation may not be willing to cooperate with the labour inspection services if they fear negative consequences for example being fined, losing their job or being expelled from the country. The Committee repeats its concern that inspection staff are assisting the police in the detection of non-documented workers.

The Government further indicates that the DSAL refers cases to the public prosecutor’s office in the event that employers refuse to comply with their obligations towards workers concerning outstanding wages or compensation. The Committee notes that the Government provides statistics on the penalties imposed on employers and outstanding wages paid to workers, but that this information concerns all workers and is not disaggregated in relation to those workers who were detected to be working without the required work permit.

The Committee, once again, urges the Government to take the necessary measures to ensure that labour inspection staff are no longer involved in joint operations with the police. The Committee also, once again, requests that the Government provide statistical information on legal proceedings instituted, penalties imposed and the enforcement of outstanding rights of undocumented migrant workers (including outstanding wages and other benefits from their employment relationship).