Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Macau Special Administrative Region (Ratification: 1999)

The Committee notes the observations made by the relevant representative organizations of workers, communicated together with the Government’s report. The Government does not, however, name these organizations. According to the report, the observations recognize the critical role played by the Standing Committee for the Coordination of Social Affairs (CPCS) in promoting consensus among the tripartite partners, but indicate that measures are needed to ensure the full functioning of the CPCS as a tripartite coordination mechanism. The Government is requested to provide its comments in this respect.

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee previously requested the Government to provide information on the functioning of the CPCS and the manner in which it ensures effective tripartite consultations and on the content and outcome of such consultations. The Government reports that the CPCS held consultations during the reporting period on the matters relating to international labour standards set out in in Article 5(1) of the Convention. The Committee notes that the consultations included the discussion of relevant annual reports submitted by the Macau Special Administrative Region on the application of the international labour Conventions, the examination of proposals for the denunciation of ratified Conventions, and the re-examination of unratified Conventions and Recommendations to which effect has not yet been given. The Government indicates that, during the meetings, the representatives of employers and employees also discussed the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Convention on the Right to Organise and Collective Bargaining, 1949 (No. 98). The Government further indicates that, during the reporting period, the CPCS has held several meetings to discuss, comment and advise on a number of legislative proposals on labour relations, minimum wage of employees, part-time job labour relations, regulation on construction safety and health, as well as on penalties for violating the regulation on construction safety and health. The Committee requests the Government to provide detailed information in its next report on the measures taken to ensure effective tripartite consultations within the CPCS. The Committee further requests the Government to provide updated information on the specific content and outcome of the tripartite consultations held on the matters relating to international labour standards covered by Article 5(1) of the Convention, including: government replies to questionnaires on Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to the National Assembly (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); questions arising out of reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and the possible denunciation of ratified Conventions (Article 5(1)(e)).

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages the Government to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to build the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.