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

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

Articles 2, 3, 13, 17 and 18 of the Convention. Labour inspection activities in the construction sector. In its previous comment, the Committee requested that the Government provide information on the labour inspection activities in the construction sector, which, according to the information in the Government’s report, continues to be the sector with the highest number of occupational safety and health (OSH) violations. In this respect, the Committee notes the Government’s information that the Labour Affairs Bureau (DSAL) has launched inspections targeted at high-risk undertakings (such as crane operations and high altitude work) in the construction sector, and that where violations are discovered the DSAL will immediately order the ceasing of operations (and take legal action). The Committee also notes with interest that the DSAL has conducted training courses for 108,549 construction workers with the aim of equipping them with basic knowledge on safe operations on construction sites and with a view to preventing industrial accidents and occupational diseases. After the successful completion of these training activities, 99,923 workers were provided with “OSH construction cards” which are required for workers if they are to be permitted to work on construction sites. The Committee requests that the Government provide information on whether the DSAL also provides training to employers to help them understand the legal provisions concerning OSH so as to enable them to implement the necessary measures to ensure safety and health in the workplace.

Articles 3, 6 and 7. Functions, conditions of service and training of labour inspectors. In its previous comment, the Committee noted the Government’s reference to section 4 of the Administrative Regulations No. 26/2008, pursuant to which the labour inspection staff of the DSAL include labour inspectors and “other staff trained for inspection duties”. It also noted the Government’s indication that labour inspectors and “other staff trained for inspection duties” enjoy the status of public servants and are covered by the same legal provisions concerning their recruitment and conditions of service. The Government also indicated that these two categories of staff are responsible for different functions, that is, only labour inspectors deal with labour disputes, while the “other staff trained for inspection duties” primarily carry out functions in the area of OSH as well as in relation to combating illegal employment. The Committee notes that in its present report the Government indicates that the appointment of labour inspectors is not based on the seniority of the “other staff trained for inspection duties”. The Committee requests that the Government provide more detailed information on the functions for which each of the two categories is responsible, including the laws which they are required to enforce, and the preventive and enforcement activities undertaken by them. It also requests information on any differences in relation to career prospects between the two categories. In addition, noting that the category of “other staff trained for inspection duties” appears to have functions as regards OSH covered by Article 3 of the Convention, it requests the Government to explain the differences between the two categories.

Articles 5(a), 17 and 18. Cooperation between the labour inspection services and the justice system and enforcement measures. In its previous comment, the Committee noted with interest the information provided by the Government on the steps taken to strengthen cooperation between the labour inspection services and the justice system, including the operation of the so-called LEGISMAC inquiry system, which, according to the Government, has enabled the DSAL to record and categorize written court decisions relevant to their work and produce improved statistics. The Committee welcomes the additional information provided by the Government including on the training provided to labour inspectors by the public prosecution services on legal concepts and investigation skills. It also welcomes the Government’s indication that the establishment of a filing and recording system at the DSAL has enabled the labour inspection services to adopt more appropriate decisions based on precedents and that these are regularly consulted. The Committee also notes the statistical information provided in the Government’s report on the total number of violations detected and penalties imposed though these appear to relate only to violations in the area of labour conditions. The Committee requests that the Government provide detailed statistical information on the number of violations detected, the penalties imposed by the DSAL in relation to these violations, and/or the number of cases referred to the public prosecutor’s office and the courts and their outcome. Please provide information on the subject matter of these violations (such as wage arrears, working conditions, freedom of association, child labour, occupational safety and health, illegal employment, etc.).

Articles 20 and 21. Publication and communication of annual labour inspection reports on the work of the labour inspection services. The Committee notes the Government’s information that it has now started to implement the new working methods announced in its previous report to improve the statistics in the annual labour inspection reports. The Committee notes that while some information on the work of the labour inspection services is available on the website of the DSAL (including information on the workplaces subject to labour inspection and the workers employed therein, and statistics of manual accidents and cases of occupational diseases), no labour inspection report for the reporting period has been received by the Office. The Committee recalls that the communication of annual reports on the work of the labour inspection services is an ongoing obligation under Article 20. It trusts that the Government will not fail to continue to comply with this obligation as it has done in past years. The Committee requests that the Government in any event provide information in its report that is as detailed as possible on all the subjects listed in Article 21(a)–(g).