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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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The Committee notes the Government’s indication concerning the observations made by representative organizations of workers, communicated together with the Government’s report. It nevertheless notes that the Government does not name these organizations.

Articles 1 and 2 of the Convention. Employment trends and implementation of an active employment policy. The Committee notes the information provided by the Government on the negative impact of COVID-19 on the local economy and the response measures taken. In particular, it notes that, from the first quarter of 2020 to the first quarter of 2021, due to the pandemic, the number of people employed in specific sectors such as construction, hotel and catering, wholesale and retail, industrial and commercial services, decreased significantly, mainly due to the drop in the number of tourists, the decline in business in related industries and the plummeting demand for human resources. The unemployment rate in the Macau Special Administrative Region (MSAR) reached 2.9 per cent in the first quarter of 2021, while the underemployment rate reached 4.8 per cent, their highest levels since the second quarter of 2017. The Government indicates that the Labour Affairs Bureau (the Bureau) works closely with the social partners and regional offices (especially Guangdong Province in the Chinese mainland) to provide vocational training courses that meet the needs of the labour market and enhance the employment opportunities, competitiveness and mobility of MSAR residents. To this end, the vocational training system has evolved to include “skill upgrading”, “paid on-the-job training” and “training for certificate” courses. According to the statistical data provided by the Government, the number of trainees participating in the Bureau’s vocational training courses has steadily increased, from 4,553 persons in 2017 to 14,273 in 2020, before falling by more than 50 per cent (to 6,803) in March 2021, due to the pandemic. To assist those who lost their employment during the pandemic, the Government launched various subsidised training and up-skilling programmes. In their observations, the workers’ organizations indicate that the legal framework for the vocational training system in the MSAR should be improved to create more favourable conditions for residents to participate in vocational training. The Government refers to surveys carried out by the Bureau on the employment status of trainees after training and certification in 2017 and 2019, respectively. It adds that, according to the surveys, the employment promotion measures implemented have had an impact on the skills improvement, upward or horizontal career mobility and salary increase of trainees. The workers’ organizations observe that Law No. 21/2009 on the Employment of Non-resident Workers stipulates that non-resident employees should be used only to ease local labour shortages and that the Government must give priority to the employment of residents. The Government indicates that the temporary importation of non-local workers is only to supplement a lack of human resources. To this end, the “Amendment to Law No. 21/2009 on Employment of Non-resident Workers”, which came into force on 5 October 2020, requires non-locals to first obtain an “Entry Permit for Work Purpose” before applying for an “Authorization to Stay as Worker”. The purpose of the Amendment is to balance the supply and demand of human resources in the labour market while protecting the rights and interests of locals. The Government indicates that the social partners are actively involved in formulating, planning, coordinating and following up on employment policy measures. Moreover, to formulate employment policies that have a significant impact, the Government holds public consultations or special information sessions to involve the social partners and the general public. The Government refers to Article 115 of the Basic Law of the MSAR, which requires the Government to “establish consultative co-ordination organizations composed of representatives from the government, the employers’ organizations and the employees’ organizations.” Accordingly, the Standing Committee for Coordination of Social Affairs was established to serve as a consultative body for the Chief Executive on social and labour policies. Its main function is to enable workers, employers and the government to engage in dialogues and express opinions on the social and labour policies of the MSAR. The Committee invites the Government to continue to provide detailed updated information, including statistical data disaggregated by sex, age and economic sector, on the nature and impact of measures implemented by the Labour Affairs Bureau, to promote full, productive and freely chosen employment. It also requests the Government to provide information on the measures taken or envisaged to strengthen the resilience and capacity of the vocational training system to enable it to rapidly adapt to changes in the labour market to meet the needs of both job seekers and employers. In addition, the Committee requests the Government to continue to provide concrete examples of the involvement of the social partners in the formulation and implementation of employment policies and programmes in the MSAR.

Disadvantaged workers. The Government indicates that a series of measures, such as employment seminars and workshops on information, counselling and career planning have been introduced to facilitate the social integration and employment of disadvantaged groups of workers with low academic qualifications, low skills and less work experience, or those with disabilities. In this regard, the Government refers to specific measures taken to promote the employment of young people and persons with disabilities. The Committee notes the detailed statistics provided by the Government on the participation of disadvantaged workers in various employment programmes and the impact of promotional measures taken in terms of increasing their access to employment opportunities. In particular, it notes that, since 2020, as a result of the pandemic, the employment rate of young people aged 16 to 24 has decreased from 23.4 per cent in 2019 to 18.5 per cent in 2021. The Committee requests the Government to continue to provide detailed updated information, including statistical data disaggregated by age and sex, on the nature and impact of measures taken to promote full, productive, freely chosen and sustainable employment for persons vulnerable to decent work deficits, including women, young persons, persons over the age of 50, the long-term unemployed and persons with disabilities.

Atypical forms of employment. The Government indicates that, following consultations with the social partners, the draft Part-time Labour Relations Law has been referred to the Standing Committee for the Coordination of Social Affairs for further discussion. The Government indicates that further information on the outcome of the draft bill will be communicated in its next report. In this regard, the workers’ organizations indicate that the Labour Relations Law, which establishes the statutory minimum standard of employment security in the MSAR, should not adopt different statutory minimum standards depending on the form of employment. They add that any proposed labour laws that provide less protection than the Labour Relations Law will be resolutely rejected, expressing the view that the Government should not establish two sets of labour standards for the working class. The Committee requests the Government to keep the Office informed of the status of development of the draft Part-Time Labour Relations Law.

Small and medium-sized enterprises (SMEs). The Government indicates that promotional measures are no longer limited to tourism and leisure-related industries, with most SMEs assisted being engaged in retail trade, wholesale trade, construction and public works. The Macao Economic and Technological Development Bureau has introduced multiple measures to enhance the performance and competitiveness of SMEs. To this end, on 1 February 2021, the Economic Services was restructured and new measures were taken to promote innovation and partnership. These measures include financial support. such as “the SME Credit Guarantee Scheme”, “SME Special Credit Guarantee Scheme” and the “SME Aid Scheme”. The Committee notes that, during the reporting period, a total of 7,354 “SME Aid Scheme” applications were approved (providing more than 2.71 billion MOP in aid) and 249 additional grants (totalling around 639 million MOP) were awarded under the other two schemes. The Committee welcomes the statistical information provided by the Government on the distribution of the “SME Aid Scheme” to existing and emerging industries. The Government further refers to the “Subsidy Scheme for Encouraging Enterprises’ Upgrading and Development” launched in March 2021, which offers subsidies to investors who carry out projects benefitting the economic growth of the MSAR. It also refers to the “Young Entrepreneurs Aid Scheme”, noting that under the latter scheme, 720 applications were approved (totalling 142 million MOP) and created more than 2,400 jobs during the reporting period. In addition, the Government established the “Macao Young Entrepreneur Incubation Centre”, which provides entrepreneurial as well as counselling services to young entrepreneurs and has strengthened cooperation with professional institutions, youth groups and universities to encourage knowledge sharing and promote youth entrepreneurship activities. The Government has also taken measures to promote cooperation and exchange with overseas young entrepreneurs and is assisting young people in starting businesses on the Chinese mainland, especially in the Greater Bay Area. TheCommittee requests the Government to continue to provide updated information on measures and programmes implemented in support of SMEs and their impact in terms of improving the SMEs' business environment, enhancing workers’ skills and creating decent jobs. It also requests the Government to provide information on the impact that measures taken to promote youth entrepreneurship have had on the creation of jobs.

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

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.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1, 2 and 3 of the Convention. Active employment policy. Consultation with social partners. The Committee notes the detailed information provided by the Government on labour market trends, in reply to the 2012 direct request. The Government indicates that the overall unemployment rate has been kept below 3 per cent continuously since the beginning of the fourth quarter of 2010, decreasing to 1.7 per cent in the first quarter of 2014, and considers that it is an indication that full employment has been achieved. The Government also indicates that it has actively introduced vocational skills tests for more than 20 occupations to promote employment in different sectors. The Labour Affairs Bureau issued vocational skills certificates to 4,915 persons in total from 2011 until May 2014. The Committee notes that pursuant to Law No. 4/2013, which revises Law No. 21/2009 on the employment of non-resident workers, the Government has since 2011 periodically released the application and processing conditions of non-resident workers to the public and disseminated the relevant administrative rules and regulations through the media. The Committee notes that employers and workers present their views at the Standing Committee for the Coordination of Social Affairs, including the advisory body composed of the tripartite representatives. The Committee invites the Government to continue providing information, including statistical data, on the employment trends in various sectors. It also invites the Government to provide information on active employment policies and measures including the results of the adoption of Law No. 4 of 2013 on the integration of foreign workers in the local labour market. Please also include updated information on the manner in which social partners participate in the formulation of employment policies.

Vulnerable workers. The Committee notes that the Economic Bureau has introduced Administrative Regulation No. 12/2013 concerning a young entrepreneurs’ aid scheme in order to provide tax-free assistance for young entrepreneurs. The Committee also notes that the Working Group for the Development of Capabilities, operating under the guidance of the Labour Affairs Bureau, registered 193 jobseekers with disabilities, 136 of whom were successfully employed during the reporting period. The Government indicates that statistics under a rewards scheme show that the number of enterprises employing persons with disabilities increased from 60 in 2011 to 65 in 2013 and that the number of employed workers with disabilities increased from 201 in 2011 to 214 in 2013. The Committee invites the Government to include information on measures implemented to improve the employment opportunities for vulnerable workers, including young people and persons with disabilities.

Atypical forms of employment. The Committee notes that the Government is currently analysing the written opinions concerning draft legislation on the non full-time working system submitted in March 2014 by employers’ and workers’ representatives. The Committee invites the Government to include information on any developments towards the adoption of legislation on non-full-time working arrangements and the impact of the legislative changes on employment.

Small and medium-sized enterprises (SMEs). The Committee notes that the Economic Bureau has introduced new measures including providing financial benefits to traditional industries and promoting high value-added industries, organizing activities and training courses to support local SMEs, and optimizing the business environment and strengthening the brand awareness of local SMEs. The Committee also notes that the Macau Trade and Investment Promotion Institute has implemented measures, which include assisting SMEs to participate in exhibitions and establish their own brands to expand the market. The Committee invites the Government to continue to provide information on the impact of the measures taken in relation to SMEs in relation to promote employment.

Vocational education and training. The Committee notes that the Talents Development Committee was established in January 2014 and its main responsibilities include the formulation and coordination of the general long-term development strategy for talent cultivation, and the design and implementation of short- to long-term policies and measures. Moreover, the Committee notes the vocational education and training measures implemented to enhance vocational training for middle-aged workers and disadvantaged groups. Vocational training courses offered by the Government from June 2011 to May 2014 resulted in 29,737 persons obtaining various forms of training. The Committee invites the Government to continue to provide information on the impact of policies and measures for vocational education and training, including updated information on the activities of the Talents Development Committee.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the detailed information provided by the Government in its report received in reply to the 2010 direct request.

Articles 1 and 2 of the Convention. Employment trends. In reply to the 2010 direct request, the Government indicates in its report received in August 2011 that unemployment rose to 3.8 per cent in the first quarter of 2009. The Committee notes that the Government took measures to overcome the negative effects of the global economic crisis. Measures in the construction sector include the Short-Term Assistance Programme for the Underemployed Construction Workers in the period May–July 2010. One thousand nine hundred and fifty six members participated in this programme, out of which about 70 per cent were aged 50 or above. The Committee notes that the number of unemployed workers in the construction industry decreased from 2009 (2,800) to 2010 (2,400). In the conference and exhibition sector, measures taken by the Government include the establishment of the Databank Conference and Exhibition Personnel, which provides an interactive employment information platform to be used for matching between the requirements of the industry and the people equipped with the relevant skills for conferences and exhibitions and to alleviate the shortage for human resources in the industry. Overall, employment rose from 2009 (317,500 persons) to 2011 (325,400 persons), unemployment decreased from 2009 (11.7 per cent) to 2011 (8.9 per cent), and underemployment decreased from 2009 (6.1 per cent) to 2011 (4.8 per cent). The Committee invites the Government to continue providing information on employment, unemployment and underemployment for years subsequent to the last report. The Committee also invites the Government to provide further information on any measures taken in any other sector to create employment.

Measures taken in response to the global crisis. The Committee notes that joint efforts have been made by the Government and social partners in devising and promoting measures contributing to improve the employment situation in the Macau Special Administrative Region, China. The Macao Social Enterprise Co. Ltd was set up by entrepreneurs in the construction sector in August 2009 to solve the employment problems through employment training and referrals. The Macao Federation of Trade Unions provided on-the-job training and recruitment schemes to tackle unemployment. It launched the “Scheme of on-the-job training and recruitment” in mid-2009 to assist unskilled workers to acquire necessary skills for working in the large enterprises in gaming, hotel, or food and drink sectors. The Government also indicates that the Standing Committee for the Coordination of Social Affairs established a Committee for the Hiring of Non-Resident Workers to implement and supervise the execution of laws and regulations, taking into account the views of the public in implementing these laws, and assisting the Government in formulating policies and measures regarding hiring non-resident workers. The Committee invites the Government to provide in its next report updated information on the measures taken in response to the crisis and to provide an evaluation of the impact of the measures. The Committee also invites the Government to provide further details on the progress and evaluation of the impact of legislation on the recruitment of non-resident workers.

Vulnerable groups of workers. The Government reports on the various types of subsidies that include: training subsidy for unemployed people, the subsidy on hiring unemployed people, the subsidy on aiding unemployed persons with disabilities to find employment, and subsidy on hiring first time jobseeking youth. The Committee notes that the Scheme of Internship on Mainland China for Graduates of Institutions of Higher Education was launched in 2009 in order to provide graduates with work experience and to foster their career development. The Employment Promotion Division set up a Talent Team that provides free recruitment and job-matching services on behalf of employers and persons with disabilities and that informs the public on the employability of persons with disabilities to increase job opportunities for them. The Committee further notes that the Government holds the Award Programme for the Meritorious Disabled Employees to encourage those who have performed well. In implementing the policy of developing social enterprise to support vulnerable groups, the Government launched the scheme to finance the development of employment of persons with disabilities in March 2010. The Committee invites the Government to continue providing an evaluation of the measures taken to generate employment for vulnerable categories of workers.

Atypical forms of employment. Part-time workers. In its report, the Government states that the Executive Committee of the Standing Committee for the Coordination of Social Affairs held discussions on the legal system on labour relations of the part-time workers. The Committee notes that the social partners submitted draft proposals on the legal system of part-time work to the Government. The Government has established a dedicated working group to draft a concrete report on the content. The Committee invites the Government to include in its next report information on the impact of the new legal system of part-time workers in terms of employment creation.

Promoting small and medium-sized enterprises (SMEs). The Committee notes that the Macao Economic Services has taken measures that include the Plan for the Assistance to SMEs, Plan for the Credit Guarantees for SMEs, Plan for the Special-purpose Credit Guarantees for SMEs, Tax Incentives within the Realm of Industrial Policies, and System of Credit Interest Subsidies for Business Loans. The Committee further notes that in order to assist the SMEs to develop offshore and local markets, the Macao Trade and Investment Promotion Institute (MTIPI) has taken various measures to promote SMEs. The Committee invites the Government to continue providing information on its efforts to promote SMEs and an evaluation of the impact of these measures on the labour market.

Vocational training and education policies. The Committee notes the policy statements during the period 2009–11 on employment policies regarding vocational training and education. The 2010 policy statement was on the Government optimizing the quality of local human resources, emphasizing upon developing talents in various fields, protecting priority of local workers in employment and improving their training and upgrading mechanism. In 2011, the Government sought to continue to promote employment, increase employability and competitiveness of Macau residents, and work towards standardization in evaluating vocational skills. The Government indicates that the economy was stable again due to readjustment efforts and development although pressures were still felt in the supply and demand of human resources. However, it indicates that structural unemployment is a persisting problem. Hence, the Labour Affairs Bureau continues to add more vacancies for training in order to meet the demands of various sectors in the labour market. The Committee notes the vocational training programmes held by the Labour Affairs Bureau between 1 June 2009 and 31 May 2011. The total number of pupils that found employment subsequently after the Apprenticeship Training Programme and the Employment Situation of the Trainees rose from 2009 (169,000 persons) to 2010 (174,000 persons). The Committee invites the Government to continue to provide updated information on these policies and measures and to provide an evaluation of the impact of these policies.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with interest the detailed information provided by the Government in its report covering the period ending in May 2009, in reply to the 2008 direct request.

Articles 1 and 2 of the Convention. Employment trends. The Government reports that during the first half of 2008, the net value in gross domestic product grew at 32.5 per cent and 22.4 per cent in the first and second quarters, respectively. The Committee notes that the second half of 2008 registered the first negative growth since 2003 and that, by the first quarter of 2009, the negative growth in net value worsened to -12.9 per cent. According to the Statistics and Census Bureau, the unemployment rates in 2007 and 2008 were 3.1 per cent and 3 per cent, respectively, but, in the first quarter of 2009, unemployment increased to 3.8 per cent (12,800 unemployed workers). Underemployment also grew from 3,200 workers in 2007 to 5,900 in 2009. The Committee notes that the Government is continuing to implement measures to promote economic development and to preserve employment. These measures include promoting the development of the exhibition–conference industry and treating it as one of the priority activities in achieving economic diversification. With positive impact of the Exhibition–Conference industry on the economy, the Government expects sectors such as aviation, transportation, hotels, retail, restaurants and construction to benefit from its development and to create further job opportunities. The Committee also notes that to alleviate the construction industries unemployment problem, the Public Works Secretariat launched around 93 large, medium and small public projects, expecting to create 9,000 job opportunities at the end of 2008. The Committee invites the Government to include in its next report information on the impact of the measures mentioned to generate employment.

Measures taken in response to the global crisis. The Committee notes the effects of the economic recession and the measures taken by the Government to tackle the economic downturn in order to maintain a low rate of unemployment while at the same time, maintaining economic stability. The Committee notes that due to the increase of unemployment since the second half of 2008, especially in the construction industry, the Government has begun to re-examine the situation of non-resident workers and has consequently adopted control measures. The Committee also notes that a bill on the principles governing the recruitment of non-resident employees has been submitted to the Legislative Assembly for examination. The Committee notes that in an attempt to alleviate unemployment pressure, in June 2009, the Government launched in joint action with the Macao Federation of Trade Unions, the On-the-job Training and Recruitment Programme which was estimated to create 7,500 job opportunities. The Committee invites the Government to provide in its next report information on the participation of the social partners in the design and implementation of an active employment policy to overcome the negative effects of the crisis. It also asks the Government to include information on the progress made to adopt regulations governing the recruitment of non-resident workers.

Vulnerable groups of workers. Regarding employment promotion of vulnerable groups, the Labour Affairs Bureau continues to improve its “Talent” services. In 2007, the talent team completed job applications for 150 workers with disabilities and succeeded in placing 47 applicants in the services sector. The Committee notes that in 2006, the Social Welfare Bureau launched the Positive Life Programme to enrol beneficiaries of the Social Welfare Bureau subsidies who did not possess all the conditions necessary for employment. This was done so that the participants would increase their working skills, foster a more positive prospect for life, become familiarized with the environment of work and thus improve their conditions of employment in preparation for eventual employment. In its report on Convention No. 88, received in October 2010, the Government supplied further information on the Labour Affairs Bureau which takes joint “Equality, Disabled or Not” activities with relevant public departments and private rehabilitation centres that provide personalized employment services to the mentally disabled, recovered mental patients, physically disabled, visually impaired, hard of hearing and chronically ill, while at the same time endeavouring to encourage employers to recruit persons with disabilities for appropriate work. The Committee invites the Government to provide information on the impact of the measures taken in order to promote productive employment for vulnerable groups of workers.

Atypical forms of employment. In reply to previous comments, the Government indicates that section 3 of the Labour Relations Ordinance, which came into force in January 2009, stipulates that part-time work shall be governed by a special regulation that will provide flexible and appropriate provisions on the subject. The Committee invites the Government to provide information in its next report on the progress made in the adoption of the special regulation on part-time work and its impact in terms of employment creation.

Promoting small and medium-sized enterprises. The Committee notes that in 2008, a Small and Medium-sized Enterprises Centre (SMEC) was created within the Macao Business Support Centre (MBSC) to develop overseas and local markets for the SMEs, providing them with improved one-stop services and assisting them to strengthen their overall competitiveness to promote business opportunities created by the service industry and the exhibition–conference industry. Assistance funds and interest-free assistance funds have been extended to help SMEs to meet the hardships caused by the changing environment and operational difficulties. The Committee invites the Government to continue to include information on efforts made to create an environment conducive to the creation, development and sustainability of SMEs.

Vocational training and education policies. The Government indicates that workers are demanding increased vocational training due to their increased awareness of the need for continuous upgrading and lifelong learning to achieve sustainable employment and higher remuneration levels. The Committee notes that the Vocational Training Department of the Labour Affairs Bureau offered 207 courses in 2007, an increase of 111.2 per cent over 2006, for a total enrolment of 5,793 participants, an increase of 108.5 per cent over 2006. It also notes that the Labour Affairs Bureau will set up curricula and incentive programmes to encourage training and pilot projects for more flexible forms of training, such as online training. The Committee notes the detailed information on the implementation of the 2006 and 2007 policy guidelines. The Committee invites the Government to provide information on how training and education policies are coordinated with the employment policy.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the detailed information provided by the Government in its report covering the period ending May 2007 in response to the 2006 direct request.

1. Articles 1 and 2 of the Convention. Active labour market policy measures. The Committee notes that the gross domestic product for 2006 grew by 24 per cent over the previous year mostly due to the gaming and tourism industry. The Government intends to take measures to promote a more diversified economy to ensure that it does not rely entirely on one or a few industries which can make the economy quite vulnerable to economic crises and limit sustainable development. Business tourism is being promoted by the creation of sophisticated exhibition and conference facilities. The Government will endeavour to promote the development of industries such as recreation, tourism and purchasing, transit, trade and services. The Committee understands that the Macao-Zhuhai Transborder Industrial Park will provide 27 industrial units allocated to manufacturers. Measures have also been taken by the Macao Business Support Centre (MBSC) to attract investment, promote sustainable development of national small and medium-sized enterprises and to expand business opportunities. It further notes the strengthening of the role of the Standing Committee for the Coordination of Social Affairs on the matters covered by the Convention. The Committee therefore requests the Government to continue to supply information on the active employment policies pursued, and results thereof, to ensure the achievement of the aims of the Convention.

2. The Committee notes that according to the statistics provided by the Government, the labour force during the first quarter of 2007 stood at 293,000, among whom 284,000 were employed, which implies an increase of about 30,000 new jobs over the same period a year ago. The unemployment rate dropped to 3.2 per cent, a drop of 0.8 points since 2006. The unemployment situation of the vulnerable groups, typified by being middle-aged and possessing low levels of education, has seen some improvement, with a reduction of both male and female unemployed persons of these categories. The Committee notes the efforts made in order to alleviate the problem of structural unemployment of middle-aged people with lower education levels by upgrading their employment capacity. It notes the incentive measures to encourage these residents to take part in the training programmes, which includes the provision of transport subsidies, ensuring there is no threshold for entry to the programmes, short course durations and flexible class hour scheduling. The Committee asks the Government to continue to inform on the results achieved in promoting productive employment in particular for the vulnerable categories of workers. It also asks for information regarding the revision of the labour relations law that better meets the changes in the labour market and the pace of economic development. Please also inform in the next report on the measures taken to ensure that the risks of atypical forms of employment are minimized and that they are socially and economically sustainable.

3. The Committee also notes the increased demand of some industries, particularly construction and casinos, for recruiting non-resident workers to make up for the shortages or lack of local human resources. The total number of non-resident workers increased from 27,736 in 2004 to 62,045 in November 2006. More than half of these come from Mainland China, while the Special Administrative Region of Hong Kong and the Philippines are the other major sources. The Committee notes the measures taken by the Government in order to ensure a standardized system among them, the revision of law and regulations, the creation of the Human Resources Office, improvement of current mechanisms and procedures for the incoming immigration of non-resident workers. Please continue to inform on the advancement of these measures taken.

4. Training policies. The Committee notes the efforts of the Vocational Training Department to provide workers with the kind of training that meets the market’s needs. The Committee also notes that due to the rapid growth of the Macau economy, job opportunities were increased and therefore there was a reduction in demand for retraining courses during this period. The Committee notes that productivity is being raised by the promotion of the concept of lifelong learning through vocational training and retraining within the community. The Committee invites the Government to report on the results of the implementation of the 2006 and 2007 guidelines, specifically on the improvement of vocational training, training curricula, upgrading the professional qualification of teaching staff, and in its efforts to encourage industries to gradually establish mechanisms for professional qualification identification, and increase the overall quality of local human resources.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the detailed information provided by the Government in its report for the period ending May 2005 in response to the Committee’s comments. The ILO Subregional Office in Bangkok has also brought to the Committee’s attention additional information concerning the application of the Convention.

1. Collection and use of employment statistics. The Committee understands that, in 2005, there were 238,000 people in employment and that the total number of employed persons has increased by 42,500 since 1995. Much of that employment was in manufacturing (15 per cent), trade (15 per cent), hotels and restaurants (11 per cent) and cultural, recreational, gaming and other services (17 per cent). The Committee notes that the Directorate of Services for Labour Affairs is responsible for promoting the analysis and study of the social environment for labour and employment. In addition, the Department of Studies and Information has been assigned the tasks of compiling, processing, analyzing and disseminating information on the world of work. Please indicate how this statistical information and analysis highlights trends in terms of vocational training, gender disparities and vulnerable groups.

2. Active labour market policy measures. The Committee notes the efforts taken to coordinate strategies of employing local human resources and of responding to the demands of the labour market, including the consideration given to receiving workers and professionals from abroad. It asks the Government to continue to provide information in its next report on the measures taken to deal with labour shortages and to address the imbalance between supply and demand as the economy develops, including information on the measures taken to avoid the risk of developing labour market segmentation, particularly in view of the increase in atypical forms of employment.

3. Freedom of choice in employment. With reference to the direct request made to the Government in 2004 referring to the measures envisaged to promote the employment of women, the Committee notes that women (56.7 per cent) had a much lower labour force participation rate than men (70.3 per cent) in 2005 and that women are more likely than men to be employed as unskilled workers. The Committee also acknowledges that, while male rates are higher, the gap narrowed from 24 to 14 percentage points between 1996 and 2005. The Committee recalls that an employment policy, in conformity with Convention No. 122, must aim to ensure freedom of choice of employment and the fullest possible opportunities in employment and training, in particular for vulnerable groups (Article 1, paragraph 2(c), of the Convention; see also paragraph 109 of the General Survey of 2004 on promoting employment). The Committee notes that vocational training courses have been established and customized to women’s interests. It requests the Government to provide information on the steps taken to raise awareness and change attitudes in education, training and recruitment to combat stereotyping and discrimination and reduce labour market segmentation in order to ensure freedom of choice in employment. The Committee also notes that, as part of an effort to address structural unemployment, the Government has created job opportunities for older workers with low levels of educational attainment and efforts have been made to find jobs in new casinos. It further notes that a working group on capacity development was established in 2004 to support workers with disabilities. Please provide information in the next report on the results achieved in promoting productive employment for particular vulnerable categories of workers.

4. Training policies. In recent years, unemployment rates have decreased, reaching 4.1 per cent in 2005, with 24 per cent of the unemployed aged 14‑24 years and older workers (45-54 years) accounting for 28 per cent of the total. The Committee notes that vocational training will be offered to improve the prospects of unemployed workers and increase the competitiveness of the labour force. Please continue to provide information on the progress made with regard to the education, training and recruitment of workers.

5. Promoting small and medium-sized enterprises. In reply to the Committee’s previous comments, the Government states that it has taken steps for the development of commercial activities and to promote the establishment and development of small and medium-sized enterprises (SMEs) providing “repayable grants” to SMEs that need to improve operating conditions or are in economic and financial difficulties due to unforeseen and extraordinary circumstances, such as natural disasters and epidemics. The Committee also understands that the Macau Trade and Investment Promotion Institute (IPIM) has established an “IPIM Information Service” counter at the Macau Business Support Centre (MBSC), which will provide assistance, such as for setting up a business in Macau, organizing overseas trade fairs, arranging business visits abroad, providing market information and implementing the Closer Economic Partnership Agreement. Please continue to provide information on the measures taken by these institutions to promote an enterprise culture and employment generation.

6. Participation of the social partners in the formulation and application of policies. The Committee notes that the Standing Social Consultation Council is included in the formulation of employment policies and legislation, such as the new Employment Procedure Code. It reiterates its interest in examining examples of opinions on employment policy issued by the Standing Council, specifying how they are taken into account (Article 3).

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes with interest the Government’s first two reports, which cover a period ending in May 2003. It notes in particular the principles and objectives of the employment policy, established in Act No. 4/98, which provides that the policy must be coordinated with other economic and social policies and ensure the participation of the social partners in its implementation. The Committee requests the Government to provide in its next report all available statistical data on the situation and trends of employment, unemployment and underemployment disaggregated by sex, age, sector of activity and level of qualification. It would be grateful if the Government would also provide further information in its next report on the following points.

2. Application and review of the employment policy (Article 1, paragraphs 1 and 3; Article 2(a), of the Convention). Please describe the manner in which employment objectives are taken into account in the adoption and implementation of general and sectoral economic policy measures. Please indicate how statistical data on the situation and trends of employment, unemployment and underemployment are used for the purpose of evaluating and adapting employment policy.

3. Active labour market policy measures (Article 1, paragraph 2(c), Article 2(b)). In view of the particular nature of women’s labour force participation rate, employment and unemployment at different ages, the Committee requests the Government to specify in its next report whether measures have been taken or are envisaged to promote employment of women. Please describe measures taken to promote the training and occupational integration of young people, elderly workers and persons with disabilities.

4. The Committee would be grateful if the Government would continue to provide information on the measures taken to encourage the creation of jobs by small and medium-sized enterprises and the creation of enterprises by the unemployed.

5. Participation of the social partners in the formulation and application of policies (Article 3). The Committee notes the provisions to strengthen participation by the social partners in the implementation of the employment policy. It also notes that the Standing Council for social cooperation is responsible for decisions (opinions) on employment policy which it issues at the request of the Head of the executive or on its own initiative. The Committee requests the Government to send examples of opinions on employment policy issued by the Standing Council, specifying how they are taken into account. Please also indicate whether, in addition to representatives of employers’ and workers’ organizations, representatives of other persons affected are associated with the consultations on employment policy measures.