Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Employment Policy Convention, 1964 (No. 122) - China - Macau Special Administrative Region (Ratification: 1999)

Articles 1 and 2 of the Convention. Employment trends and implementation of an active employment policy. The Committee welcomes the Government’s detailed report, which indicates that comments received during the reporting period from workers’ organizations had led to a more effective implementation of the legal framework giving effect to the Convention. The Government refers to its goal of turning the Macau Special Administrative Region (MSAR) into a “world center of tourism and leisure” and to “introduce moderate economic diversity”. It indicates that to this end, in addition to maintaining continued collaboration with the tripartite Standing Committee on Social Coordination, the Government has consulted enterprises, business associations, professional organizations and other social partners to improve its understanding of market demands, skill requirements and occupational development prospects in different sectors. The Government aims to provide enhanced and tailored training to improve residents’ competitiveness and upward mobility. In this regard, the Committee notes the active labour market measures taken by the Government to promote employment. These include: “Training for Employment” courses, designed specifically to prepare low-income workers or unemployed persons to enable them to obtain better remunerated and more secure jobs; “Paid On-the-job Training” courses; and the “Vocational Training Program for the Elderly”, aimed at persons over the age of 55. In addition, the Government refers to an assessment carried out in 2017 of the training measures undertaken. In addition to its reply to the Committee’s request regarding the scope of Law No. 4/2013, in which the Government emphasizes its objective of avoiding injustice and irregularities for non-local residents, the Government also provides information on legislative amendments introduced with respect to small and medium-sized enterprises (SMEs) as well as to the Labour Affairs Bureau, which is charged with the formulation and implementation of active labour market policies. It adds that the Bureau has been merged with the Office of Human Resources to better address the needs of both local and non-local residents. The Government reports that, from the third quarter of 2014 to the third quarter of 2016, the MSAR experienced negative economic growth. The Government emphasizes that despite the contraction of the economy the unemployment rate remained below 2 per cent during this period, rising to 2 per cent (2.5 per cent for men and 1.6 per cent for women) in the first quarter of 2017. The Government indicates that, since 2014, the number of employed persons in most sectors remained stable, with the exception of the construction sector, which saw the departure of non-local staff following the completion of certain large projects. The Committee invites the Government to continue to provide detailed updated information, including statistical data on long-term unemployed and underemployed persons, as well as on employment trends in the different economic sectors. It also asks the Government to provide information on the impact of the active labour market measures implemented, particularly the training measures mentioned in the report as well as the results of the 2017 assessment of training programmes. In addition, the Committee requests the Government to provide information in relation to the implementation of Law No. 4 of 2013 and its impact on the integration of foreign workers into the local labour market. The Committee further requests the Government to provide updated information on the manner and extent to which social partners participate in the formulation and implementation of employment policies and programmes in the MSAR.

Disadvantaged workers. The Government indicates that throughout the economic downturn it has continued assisting disadvantaged workers that lack educational and technological skills as well as work experience, and those with disabilities. It adds that, from 2014 to 2016, 48 seminars were conducted for groups of disadvantaged workers and “simulated interviews” were conducted. Moreover, 12,359 young persons were brought into direct contact with possible employers as part of the “Youth Career Expo” initiative. Employment counselling and referral services for persons with disabilities were improved, resulting in the placement of 127 persons with disabilities – out of 209 applications – in skilled and non-skilled occupations. The Committee also notes the information supplied by the Government on “work experience activities” provided with a view to preparing high school students for their future transition from school to work. The Committee requests the Government to provide detailed information, including statistical data disaggregated by sex and age, on the employment and unemployment rates of young persons and persons with disabilities to continue to provide information on measures implemented to improve the employment opportunities for disadvantaged workers, including young persons and persons with disabilities.

Atypical forms of employment. The Government refers to the 2018–19 legal proposal on the “formulation of a part-time work system”, which seeks to facilitate labour market access to persons who are unable to take up full-time jobs due to family responsibilities or other demands, as well as to provide enterprises with more flexibility. The Committee requests the Government to communicate information on the content and structure of the proposed part-time work system and on the development of legislation in this regard. In addition, the Committee requests the Government to provide a copy of the legislation as and when it is adopted.

Small and medium-sized enterprises (SMEs). The Committee notes that the Government has continued to provide extensive support measures for SMEs, including for young entrepreneurs who lack resources. It further notes with interest the innovative assistance being provided together with industrial associations in the area of e-commerce and the cooperative agreements signed in 2016 with four youth entrepreneurship organizations in the Guangdong Free Trade Zone enabling young entrepreneurs from the Macau Special Administrative Region to expand onto the mainland. These measures are supported by six representative and liaison offices established in Guangzhou, Wuhan, Hangzhou, Chengdu, Shenyang and Fuzhou. The Committee requests the Government to continue to provide information on the impact of the measures taken in relation to SMEs – in particular those operating outside the tourism and leisure industries and in a cross-border context – on the creation of decent jobs, including for young persons.