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

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

Previous comment

Articles 2, 3, 13, 17 and 18 of the Convention. Labour inspection activities in the construction sector. Following its previous comment, the Committee notes the Government’s information regarding training on occupational safety and health (OSH) provided to employers in the construction sector. The Labour Affairs Bureau (DSAL) regularly sends staff to various sites to organize activities, such as “safety morning meetings”, “noon lecture on OSH” and “special lecture on experience and internship”, in order to provide employers, contractors and workers with OSH related knowledge and raise their awareness. From 1 June 2015 to 31 May 2018, the DSAL held 493 OSH-related lectures, with a total of 26,403 participants. In particular, the DSAL has organized eight seminars on OSH for small and micro enterprises (SME) in construction since 2017, involving 428 participants. Moreover, corresponding OSH equipment was provided to participating SMEs as incentive methods. The Committee notes the Government’s information which addresses its previous request.

Articles 3, 6 and 7. Functions, conditions of service and training of labour inspectors. Following its previous comment, the Committee notes the information provided by the Government regarding the differences between “inspector-general” and “other staff trained for inspection activities”. The Government refers to section 4 (1)–(3) of Administrative Regulation No. 26/2008 on operation rules for labour inspection work. Accordingly, inspectors-general are responsible for the implementation of the Law on Labour Relations and deal with labour disputes. They may also supervise the implementation of other labour laws and regulations. The Government indicates that “other staff trained for inspection activities” are in charge of industrial accidents and occupational diseases, of other OSH-related issues and of other cases which are not labour disputes. The Government also refers to the 2017 amendment to Law No. 14/2009 on civil servants. According to sections 2(2), 19.1(6) and 29, inspectors-general are classified as civil servants with special duties, for which more specific qualification experiences and trainings are required. In practice, recruited inspectors-generals complete six-month theory training and six-month internship at the DSAL where they will serve before assuming duties. The “other staff trained for inspection activities” are classified as civil servants with general duties, including senior technicians, technicians and technical assistants. Senior technicians and technicians mainly perform analysis and research, while technical assistants are responsible for execution and other assisting work. The Government emphasizes that staff of both categories equally enjoy the rights and protections as provided for by the General Rules for Public Servants and Law No. 14/2009 on civil servants. They also have the same opportunity to be promoted to higher positions with management and supervision responsibilities, according to sections 2 and 4 of Law No. 15/2009 on the General Principles of Leaders and Supervisors in public sector. The Committee notes the Government’s information which addresses its previous request.

Articles 5(a), 17 and 18. Cooperation between the labour inspection services and the justice system and enforcement measures. The Committee notes the statistical information provided by the Government regarding the cooperation between the labour inspection services and the justice system. From June 2018 to May 2020, 1,700 cases were transferred to the judicial authorities. Among them, 506 cases were violations concerning wages, compensation for dismissal, annual leave, advance notice and compulsory holidays. The Government indicates that 1,164 cases were related to industrial accidents, mostly involving death of workers, long-term incapacity to work and payment of compensations. During the same period, the DSAL received 1,784 court decisions, of which 271 related to labour disputes, involving fines of 11,126,000 Macanese pataca (MOP) (approximately US$1,350,170) and compensation of MOP74,022,681 (US$8,982,906), and 1,513 related to work accidents, involving compensation of MOP361,963,455 (US$43,925,509). The Committee notes the Government’s information which addresses its previous request.

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 annual reports on the activities of the DSAL are published on its official websites. The Committee notes, however, that the annual reports do not contain information on statistics of workplaces liable to inspection, as required by Article 21(c) of the Convention. The Committee requests the Government to take the necessary measures to ensure that all relevant information is included in the annual reports of the DSAL as required by Article 21 of the Convention.

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

Previous comment

Article 3(1) and (2) of the Convention. Cooperation with the police in combating illegal work. In its previous comments, the Committee noted that inspection staff of the Labour Affairs Bureau (DSAL) continued to assist in joint operations with the police to combat illegal work by checking the papers of employed persons or by acting as eyewitnesses.

The Government once again 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. It indicates that when the DSAL receives a worker’s complaint alleging a labour right violation and requiring assistance, even if the worker concerned does not have a proper work permit, the DSAL will in any case initiate an investigation and request the employer to pay the wage or compensation due to the de facto labour relationship. If the employer does not pay the amount due as requested, the case will be notified to the prosecutor. The Government also indicates in its report that, from 2014 to 2021, there are some cases transferred to the judicial authority involving irregular workers, namely two cases concerning wage arrears, one concerning medical expenses and compensation for work accident and two concerning death compensation due to work accident. The Government further clarifies that the offence of "illegal employment" committed by the employer under section 16 of Law No. 6/2004 on Illegal Entry, Illegal Stay and Deportation is a crime and is administered by the Special Administrative Region Government Security Police. On the other hand, irregular work is an administrative violation punishable for both workers and employers and regulated by the Law No. 21/2009 on the Employment of Foreign Employees and the Administrative Regulation No. 17/2004 on the Prohibition of Irregular Work. The DSAL imposes penalties on the offenders according to the law, so there is no case of irregular worker transferred to the judicial authority.

The Committee notes, however, that according to the 2021 annual inspection reports, 453 inspection visits were carried out relating to the implementation of the Law No. 21/2009 on the Employment of Foreign Employees and the Administrative Regulation No. 17/2004 on the Prohibition of Illegal Work, in addition to 40 joint inspection visits together with other authorities. Fines of 6,487,500 Macanese pataca (approximately US$787,280) were imposed, involving 320 employers, as well as 117 workers without work permits, 103 non-residents performing lucrative activities and 61 migrant workers carrying out work outside permitted scope.

In this regard, the Committee once again emphasizes that workers in a vulnerable situation may not be willing to cooperate with the labour inspection services or report any labour rights’ violation if they fear negative consequences, such as being fined, losing their job or being expelled from the country. The Committee once again urges the Government to take the necessary measures to ensure that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties, that is tosecure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. The Committee also requests that the Government continue to provide statistical information on the inspection visits carried out relating to the enforcement of Law No. 21/2009 on the Employment of Foreign Employees and the Administrative Regulation No. 17/2004 on the Prohibition of Illegal Work, as well as the number of workers subjected to any sanctions and the number of fines imposed. It further requests the Government to provide information on the enforcement of outstanding rights of undocumented migrant workers (including outstanding wages and other benefits deriving from their employment relationship).

The Committee is raising other matters in a request addressed directly to the Government.

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

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).

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

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).

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

Articles 2, 3, 5(a), 13, 17 and 18 of the Convention. Cooperation between the labour inspection services and the justice system and enforcement measures. With reference to its previous comments, the Committee notes with interest that steps have been taken to strengthen cooperation between the labour inspection services and the justice system. These include the development of the “LEGISMAC inquiry system for Macau Special Administrative Region legislation in relation to ILO Conventions” (LEGISMAC) for the exclusive use of the Labour Affairs Bureau (DSAL) and the justice sector. The LEGISMAC inquiry system came into operation officially as from November 2010, facilitating the Primary Court to search and collect the information in relation to the implementation of ILO Conventions and then communicate the relevant decisions to DSAL. As of the end of 2011, the DSAL has begun to archive and record written decisions provided by the Court through the system (including the written decisions concerning labour dispute, illegal work and work-related accidents) to have more effective categorization of the aforementioned written decisions and produce more statistics on them.

The Committee also notes that, according to the Government’s report, between June 2010 and May 2012, 472 cases have been referred by the DSAL to the Court. The DSAL received 403 written decisions on labour disputes which indicate that, out of 404 “persons/times of employers” that were involved in the cases, 228 were judged established. The Committee would be grateful if the Government would describe the impact of the LEGISMAC inquiry system on effective labour law enforcement by the labour inspection in cooperation with the justice system. The Committee would also be grateful if the Government would provide copies of relevant court decisions.

Noting from the Government’s report that the offending employers are mainly from the construction industry, the Committee requests the Government to provide detailed information on labour inspection activities relative to occupational safety and health (OSH) in this industry, and on their impact from the point of view of labour law enforcement and on the reduction of industrial accidents and cases of occupational disease.

Articles 3(1) and (2) and 17. Specific cooperation aimed at combating illegal work taking into account the objectives of the Convention. The Committee notes with concern, from the Government’s report that non-inspector labour inspection personnel continues to assist the criminal police force in checking the papers of employed persons, and are still involved in joint operations with the criminal police to combat illegal work. The Committee also notes that there are no available statistics on the workers who obtained wages and other compensation after joint actions. Furthermore, the Committee notes that, according to the Government’s report, inspectors at Grade 2 with DSAL are tasked with the control of compliance with Law No. 21/2009 on Hiring Non-residents Workers among others.

The Government reiterates that there is a clear distinction between the criminal police force and the DSAL and that, regardless of the status and situation of the worker, the DSAL will always endeavor to protect the rights and interests of workers.

Noting once again that non-inspector grade personnel is an integral part of the labour inspection system as understood under Article 2 of the Convention, the Committee recalls that a role for the labour inspectorate consisting of assisting the police and immigration authorities to target workers suspected of being “illegal” is in total contradiction with the protective function entrusted to labour inspectors by the Convention and is not conducive to the relationship of trust needed to create the climate of confidence that is essential to enlisting the cooperation of employers and workers with labour inspectors. It must be possible for inspectors to be respected for their authority to report offences, and at the same time to be approachable as preventers and advisers. The Committee therefore urges the Government to take the necessary measures to dissociate the functions of enforcing immigration law from those of controlling the observance of workers’ rights by ensuring that labour inspectors are no longer involved in joint operations with the criminal police force.

With reference to paragraph 78 of the 2006 General Survey on labour inspection, the Committee reminds the Government that, to be compatible with the protective function of labour inspection, the verification of the legality of employment by labour inspectors should have as its corollary the reinstatement of the statutory rights of all workers, including undocumented ones. This objective can only be met if the workers covered are convinced that the primary task for the labour inspectorate is to enforce the legal provisions relating to conditions of work and the protection of workers. The Committee once again requests the Government to indicate the manner in which the labour inspectorate ensures the discharge of employers’ obligations (notably payment of wages and other benefits owed for work done during the period of the effective employment relationship) with regard to foreign workers in an irregular situation from the point of view of residence status, including in cases where such workers are liable to expulsion from the Macau Special Administrative Region or have already been expelled by the authority responsible for controlling illegal immigration. In this regard, the Committee would be grateful if the Government would provide more detailed information on legal proceedings instituted, and remedies and sanctions imposed on employers found to be in violation of the legal provisions relating to workers’ statutory rights including vis à vis undocumented foreign workers.

Articles 3(1), 6 and 7(1). Qualifications and conditions of service of labour inspectors relative to their functions. The Committee notes the Law 14/2009 on the Establishment Rules of the Civil Service and the provisions of Article 29 on career prospects and salaries assigned to labour inspectors. The Committee also notes from the Government’s report that the DSAL is staffed with 148 “labour inspection persons” (50 inspectors, 63 “non-inspector grade persons” and 35 interns). The Committee also notes that inspectors and “non-inspector grade persons” carrying out inspection duties enjoy identical status concerning seniority, status and work; but they are responsible for different functions. Namely, labour inspectors deal with cases of labour dispute, while labour inspection personnel who do not hold the post of inspector deal with non-labour dispute cases. The Committee notes that “non-inspector grade persons” carry out functions which fall within the scope of Article 3 of the Convention especially on OSH. The Committee would be grateful if the Government would provide details on the status and conditions of service of labour inspectors and “non-inspector grade persons”, and if it would describe the criteria and procedures followed for the recruitment of labour inspectors and of “non-inspector grade persons”. Please also indicate if the appointment to the grade of labour inspector depends on the years of service as “non-inspector grade person”.

Article 7(3). Adequate training of labour inspectors. The Committee notes from the Government’s report the large scope of subjects covered by the training courses provided to labour inspection personnel. It notes, however, that a large majority of the training courses have been attended only by one to three persons. The Committee requests the Government to indicate the measures taken to ensure that the entire inspection personnel (both labour inspectors and “non-inspector grade persons”) is adequately trained for the performance of their inspection duties, and to communicate the differences, if any, in the training modules provided to labour inspectors and to “non-inspector grade persons” carrying out inspection duties in the area of OSH.

Articles 20 and 21. Publication of a consolidated annual report. The Committee notes the detailed information provided by the Government on labour and employment (e.g. statistics on labour force, employed and unemployed population, labour force participation rate, employment earnings, etc.) and on occupational accidents and diseases. It also notes that the DSAL is conducting a study and review to refine the existing statistics to improve labour inspection effectively. The Committee also notes that the Government communicates annual reports on labour inspection activities for years 2007–10.

The Committee will take note of the context of these reports once a translation is available.

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

style='font-weight:normal'>(notification: 1999)

Articles 2, 3 and 5(a) of the Convention. Need for effective cooperation between the labour inspection services and the justice system. The Committee notes that, according to section 8(4) of Administrative Regulation No. 26/2008 on the rules for the conduct of labour inspections, where employers fail to comply with the orders of the labour inspection service for the payment of amounts due to workers, the issue is referred to the courts. The Government indicates that meetings have been held between the labour inspection service and the department of justice in order to examine ways to improve the work flow between them; however, the Government was not in a position to identify any court cases relative to the application of the Convention. Recalling its general observation of 2007 on the importance of cooperation between the labour inspection and the justice system, the Committee requests the Government to provide information on the outcome of cases referred to the judicial authorities in conformity with section 8(4) of Regulation No. 26/2008 and to consider a mechanism for the recording of judicial decisions, which would be accessible to the labour inspectorate for the determination of priority areas of control.

Specific cooperation aimed at combating illegal work taking into account the objectives of the Convention. In reply to the Committee’s previous comments on joint operations taking place between the labour inspectorate and the public security police forces and customs authorities in order to combat illegal work, the Government indicates that: (i) cases of illegal work are dealt with not by labour inspectors but by non-inspector grade personnel who have received training in order to carry out inspections; (ii) the role of the personnel responsible for inspections (non-inspector grade) is to assist the police by checking the papers of the employed persons or taking statements by witnesses; all other duties such as investigation, note-taking, transfer to the Public Prosecutions Office, are performed by the criminal police which has authority on the matter under section 16 of Act No. 6/2004 on illegal entry, illegal stay and deportation and section 44 of the Criminal Procedure Act; (iii) if the criminal police discovers contraventions in violation of the two aforementioned laws, it will inform the Labour Affairs Bureau of the matter so that the Bureau may launch administrative procedures against the violators (employers); the Bureau has exclusive competence in this regard under the Regulation on the prohibition of illegal work and the Act on hiring non-resident workers; and (iv) the Bureau will instruct the employer to pay the worker concerned the remuneration or compensation due to him/her as the consequence of the labour relationship and if the employer still fails to pay, the Bureau will inform the Public Prosecutions Office of the case, so that the latter may assist in solving the case (section 2(1) of the Regulation on the Work of the Labour Inspection Department of the Labour Affairs Bureau approved by Decree-Law No. 60/89/M). Therefore, regardless of the status of the worker, the Labour Affairs Bureau will always endeavour to safeguard the realization of the rights and interests of workers.  

The Committee notes that, as indicated by the Government in another section of its report, non-inspector grade personnel who has received training in order to carry out inspections is included in the definition of personnel of the Labour Affairs Bureau carrying out labour inspection duties under section 4 of Administrative Regulation No. 26/2008. Thus, this category of personnel is an integral part of the labour inspection system as understood under Article 2 of the Convention.

Drawing, once again, the Government’s attention to paragraphs 75–78 and 161 of its General Survey of 2006 on labour inspection, the Committee reminds the Government that in accordance with the Convention, the main duties entrusted to labour inspection staff should lead to securing the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work regardless of their status or situation (Articles 2 and 3(1)(a)). Any further duties may be entrusted to them only if they do not interfere with the effective discharge of their primary duties or prejudice in any way the authority and the impartiality which are necessary to inspection staff in their relations with employers and workers (Article 3(2)). It is extremely important that all workers, regardless of their status or situation, consider that labour inspection staff are responsible for protecting their rights as workers and do not participate in or allow their prosecution, a task which should pertain only to the police and judicial authorities. Thus, the Committee is of the view that labour inspection staff should not be vested with any role of assistance to the police during joint operations, as the functions of the two bodies should be clearly distinguishable. The Committee once again urges the Government to ensure that any role for labour inspection personnel in joint operations is limited to inspecting whether employers are in violation of the legal provisions relating to the protection of workers and instituting or recommending legal proceedings against them so that the workers may fully benefit from their rights deriving from the work relationship regardless of their status. The Committee also requests the Government to provide detailed data on the number of undocumented workers who have been compensated for wages and other benefits due to them as a result of joint inspections.

Articles 6 and 10. Numbers and status of labour inspectors. The Government indicates that, under section 4 of Administrative Regulation No. 26/2008, labour inspectors include inspector-grade personnel of the Labour Affairs Bureau, other personnel which is appropriately trained to conduct inspections, and interns. In addition to dealing with violations of the Labour Relations Law, the inspectors are responsible for carrying out the assignments given by the Director of the Labour Affairs Bureau; the other personnel appropriately trained to conduct inspections is responsible for the execution of the assignments given by the Director of Labour Affairs Bureau except the files pertaining to violations of the Labour Relations Law. The Committee requests the Government to specify the numbers of labour inspectors and of non-inspector grade personnel carrying out inspection duties, and to indicate any differences in qualifications, status and conditions of service between the two categories.

Article 7. Adequate training for labour inspectors. The Committee notes that newly nominated labour inspectors received a six-month training in the Legal and Judicial Training Centre followed up by a six-month internship, while the non-inspector grade personnel received three and a half weeks of training on legal and technical basics. In addition, on-the-job training courses were provided on newly promulgated laws. The Committee would be grateful if the Government would provide information on the subjects, attendance, frequency and impact of training activities carried out during the period covered by the next report.

Articles 8 and 10. Gender balance of the labour inspection staff. The Government indicates that the Labour Affairs Bureau welcomes candidates of either sex and follows the principle of fairness and equitability in conducting examinations and selections in order to ensure equal conditions and opportunities for all candidates in accordance with the General Rules for the public administrative personnel of Macao, approved by Decree-Law No. 87/89/M. The Committee requests the Government to specify the duties pertaining to grade 2 inspectors.

Articles 10(a) 21(c) and (d). Extent of the coverage of industrial and commercial workplaces by the labour inspection system. The Committee notes with interest the detailed information provided by the Government on the total number of workplaces liable to labour inspection and the total workforce that they employ. It emphasizes that this information is important because it allows, among other things, for an objective assessment of resources allocated to the labour inspection system in line with Article 10(a) of the Convention. The Committee also notes however, that it has not received an annual report on the labour inspection activities. The last report communicated related to the year 2006. The Committee requests the Government to communicate in its next report the annual labour inspection reports published after 2006.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee takes note of the Government’s simplified report received at the ILO in September 2008, including a reply to its previous comments, as well as a copy of Administration Regulation 14/2002 pertaining to the access to, control and use of official vehicles and the labour inspection annual reports for 2005 and 2006.

Articles 2, 3 and 5(a) of the Convention. Need for effective cooperation between the labour inspection services and the justice system. Noting that the Government was not in a position to provide the information requested on the judicial decisions relating to the matters covered by the Convention, the Committee requests it to indicate any measures that are envisaged to promote effective cooperation between the labour inspection services and the justice system, taking into consideration the guidance provided in the relevant 2007 general observation under this Convention.

Specific cooperation aimed at combating illegal work taking into account the objectives of the Convention. According to the Government, every week the Labour Inspection Department arranges for joint operations with the Public Security Police Forces (on average five times a week with from three to five police officers each time). Similar cooperation also exists with the customs against illegal work. The Committee notes that a large number of such joint operations were performed within the reporting period. It calls on the Government to keep in mind that, in accordance with the Convention, the main duties entrusted to labour inspectors should lead to securing the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work (Articles 2 and 3(1)(a) of the instrument). Any further duties may be entrusted to them only if they do not interfere with the effective discharge of their primary duties or prejudice in any way the authority and the impartiality which are necessary to inspectors in their relations with employers and workers (Article 3(2)). Legal provisions relating to employment which fall under the competence of the labour inspection system are those concerning only vulnerable categories of workers such as women, in certain circumstances, children, and young persons, and workers with disabilities. It is extremely important that all workers, regardless of their status or situation, consider that labour inspectors are responsible for protecting their rights as workers and do not participate in or allow their mistreatment. Where labour inspectors find that employers are in violation of legal provisions relating to the employment of workers, their duty must be limited to instituting or recommending legal proceedings against them and to ensure that the workers involved benefit from their rights deriving from their work relationship. Drawing the Government’s attention to paragraphs 75–78 and 161 of its General Survey of 2006 on labour inspection, the Committee urges the Government to ensure that the powers of labour inspectors to freely enter workplaces to perform their duties are not diverted from the abovementioned objectives of the Convention. It hopes that measures will be taken in order to ensure that no joint operation with the customs and immigration authorities is performed by labour inspectors in workplaces to seek out workers in an illegal situation in relation to the residence laws.

Moreover, the Government is requested to indicate whether and, if so, in which manner, workers found in violation of the residence law (523 in 2005 and 499 in 2006) can recover the rights resulting from their labour relationship, such as the payment of their wages, overtime work, leave, occupational safety and health, etc).

Article 7. Adequate training for labour inspectors. The Committee notes that, among the series of training activities made available to labour inspectors, courses on labour law are taught by judges. The Committee would be grateful if the Government would provide details on the content of such courses.

Articles 8 and 10. Gender balance of the labour inspection staff. The Committee notes with interest that, according to the indication by the Government in its previous report, the labour inspection staff has increased in number and qualifications. It also welcomes the gender-balanced distribution of senior inspectors, while noting that grade 2 inspectors are mostly women. The Committee would be grateful if the Government would provide particulars on the reasons for the predominance of women inspectors in this category.

Article 18. Revision of the amount of fines. The Committee hopes that the new legislation, aimed at making the fines more dissuasive that are applicable to persons in violation of legal provisions, has been adopted and that the Government will provide a copy thereof as soon as possible.

Article 21(c) and (d). Extent of the coverage of industrial and commercial workplaces by the labour inspection system. The Committee notes the detailed information provided by the Government on the law and regulations concerning the different workplaces liable to labour inspection. It would like to emphasize once again the importance of knowledge of the total number of workplaces liable to labour inspection and the total workforce that they employ and the inclusion of such data in the annual report, to allow a proper appraisal of the coverage rate of the labour inspectorates. The numbers of workplaces inspected and of the workers employed therein as necessary but not sufficient for this purpose. This appears clearly from Paragraph 9(c) and (d) of Recommendation No. 81 on labour inspection. The Committee hopes that the Government will take appropriate measures to ensure that relevant statistics are included in forthcoming annual reports on labour inspection activities.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report for the period ending 31 May 2006, containing information in reply to its previous comments. It also notes the annual reports on labour inspection activity for 2003 and 2004, and also the fact that the Government has sent copies of the Penal Code and legislation concerning the civil service.

Articles 10 and 11 of the Convention. The Committee notes with interest that a competition has been organized for the recruitment of new labour inspection trainees, that the latter have followed a course of training comprising both practical and theoretical components, and that the total number of labour inspectors was expected to reach 60 in early 2007. The Committee asks the Government to continue to supply information on developments in the number of labour inspection staff and their distribution. Referring to its previous comments, the Committee would be grateful if the Government would also supply details on the financial and logistical resources of the inspection services (computing, communication and transport facilities).

Article 7. Training of labour inspectors. The Government indicates that the labour inspectorate is based on a training system governed by the new regulations for the training of inspectors of the Department of Labour and Employment Services (DSTE), laid down by Order No. 31/2004 of 19 February 2004 of the Secretary of State for Economics and Finance. However, the Committee notes that this text does not contain any information on the training of labour inspectors in active service. It therefore asks the Government once again to clarify whether training courses, seminars or other in-service training activities are provided for inspectors.

Article 12, paragraph 1(c)(iv). The Committee notes the Government’s statement that section 24(1)(b) of Legislative Decree No. 60/89/M regulating the labour inspectorate authorizes labour inspectors to undertake analyses, either on the premises of the workplaces inspected or at the Labour Inspection Department (DIT), of all the elements needed for verification purposes during inspections. The Committee would be grateful if the Government would supplement this information by stating whether arrangements exist with public or private technical bodies to undertake technical investigations which require specific equipment or technology. It asks the Government to send any relevant documents.

Article 18. Revision of the amount of fines. The Committee notes the Government’s statement that a large number of draft laws and regulations concerning the updating and reinforcement of fines are being prepared. The aim of these drafts is to reduce violations of labour legislation and support the educational role of the DIT. The Committee would be grateful if the Government would inform the ILO of all developments in this area and send copies of any relevant texts.

Article 21. Annual inspection report. The Committee notes the inspection reports for 2003 and 2004. These detailed reports include statistics on inspections undertaken, workers covered, violations observed, penalties imposed and also employment accidents and cases of occupational disease. Since the number of workplaces liable to inspection and the number of workers employed therein (Article 21(c)) are essential data for evaluating the level of coverage of the labour inspection system, the Committee would be grateful if the Government would ensure that these are also included in the annual inspection report in future.

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

The Committee notes the information provided by the Government in response to its previous comments and the documents attached in the annex. It draws the Government’s attention to the following points.

Articles 3, 10 and 11 of the Convention. According to the Government, the current number of inspectors (38) is insufficient in view of the extent of their areas of competence (health and safety, conditions of work, foreign workers and illegal work) and their responsibilities towards the police and courts. Noting that it is planned to strengthen their numbers by the recruitment and training of 22 new inspectors during the second half of 2004, the Committee would be grateful if the Government would provide information on the follow-up to this project and on any other measure taken or contemplated in order to strengthen the human, financial and logistical resources of the labour inspection services.

Article 7. While noting with interest Order 31/2004 of 19 February 2004 of the Secretary for Economic and Financial Affairs concerning new training regulations for inspectors of the Department of Labour and Employment Services (DSTE), the Committee would be grateful if the Government would indicate the measures taken to ensure in-service training for labour inspectors.

Article 8. The Committee requests the Government to indicate the proportion of women within the inspectorate at each level of responsibility and to indicate whether, in practice, preference is given to assigning them special tasks in certain areas of activity.

Article 12. The Committee notes that, under section 24(1)(a) of Legislative Decree No. 60/89/M of 18 September 1989 regulating the labour inspectorate, labour inspectors may visit workplaces that are liable to inspection, on their own initiative, at the request of the interested parties or to follow up information provided by third parties. The Government is requested to provide further information on the manner in which effect is given to the provisions of this Article concerning inspectors’ right of free access, without previous notice, at any hour of the day or night in any workplace liable to inspection (paragraph 1(a)) and to enter by day any premises which they may have reasonable cause to believe to be liable to inspection (paragraph 1(b)). The Committee would be grateful if it would provide a copy of any relevant text or take the necessary steps to bring the legislation into conformity with the Convention for this purpose, if appropriate, and to keep the ILO informed of any development in this respect.

Article 12, paragraph 1(c)(iv). The Committee requests the Government to ensure that, in accordance with this provision, labour inspectors shall have legal authorization to take or remove for purposes of analysis samples of materials and substances used or handled, subject to the employer or his representative being notified of any samples of substances taken or removed for this purpose.

Article 15. Noting that a draft revision of the labour inspection regulations is under way and that it is planned to introduce provisions to give effect to paragraphs (b) and (c) of this Article, and also noting that the prohibition on inspectors having a direct interest in the enterprises placed under their control is already implicit in the current wording of section 29 of the said regulations. The Committee is of the opinion that the opportunity afforded by the revision of this text should be taken to supplement this provision by prohibiting the staff concerned, and in any case the inspection staff, from having any direct or indirect interest in the undertakings under their supervision (paragraph (a)). The Committee hopes that measures will be taken to this end and that the Government will not fail to keep the ILO informed of any progress in this regard and to communicate a copy of the definitive text once it is adopted.

Article 18. While noting that, according to the Government, sanctions provided for by the legislation are appropriate and sufficiently dissuasive, an opinion which is illustrated by the number of contraventions which were voluntarily suppressed by the persons responsible for them in 2002, the Committee invites the Government to envisage the setting up of a procedure for revising the amount of fines in order to retain their dissuasive effect, notwithstanding any monetary fluctuations, and to keep the ILO informed of any development in this regard, where appropriate.

Articles 20 and 21. While noting the 2002 activity report of the Department of Health and Safety at Work, the Committee notes that no annual report on the activities of the Labour Inspection Department has been communicated since the year 2000. The Government is requested to ensure that the information required by paragraphs (a) to (g) of Article 21 on the annual activities of the labour inspectorate is communicated to the ILO, in all the areas covered and within the time limits prescribed by Article 20.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s first report and related documentation attached thereto. It requests the Government to provide further information on the following points.

Status and conditions of service of the inspection staff (Article 6 of the Convention). The Committee notes that the Government’s report does not provide specific information as to whether the inspection staff is composed of public officials. It asks the Government to provide information on the status and conditions of service of labour inspectors, and the way in which they are assured of stability of employment and independence.

Recruitment of inspectors (Article 7, paragraphs 1 and 2). The Committee notes the Government’s indication that there are no other conditions further to the mandatory qualification for the post of labour inspector. The Committee requests the Government to provide detailed information on the way of recruitment of labour inspectors, in particular on the methods that are used in order to ascertain qualifications of labour inspectors on recruiting process.

Number of labour inspectors (Article 10). The Committee notes the Government’s indication that the present number of labour inspectors (38) is insufficient for the entire labour force (200,000 persons) of Macau Special Administrative Region, China. It hopes that the Government will provide further information in this regard, in particular why it considers this number to be insufficient.

Right of free entry (Article 12). The Committee notes that the Government’s report does not provide information as to whether inspectors are empowered to enter without previous notice during the periods specified in paragraphs (a) and (b) of the abovementioned Article, workplaces covered by the scope of the Convention. It requests the Government to provide information on this respect, and copies of any relevant regulations.

Duties of labour inspectors (Article 15(b) and (c)). The Committee notes the Government’s indication that obligations of inspectors laid down in paragraphs (b) and (c) of this Article are not enshrined in the provisions of domestic legislation. It hopes that the Government will provide information on any progress in this regard.

Adequacy of penalties for violation of legal provisions (Article 18). The Committee asks the Government to indicate whether penalties prescribed in the labour legislation are fixed at an adequately high level to have dissuasive effect in the enforcement of labour laws.