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

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

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

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

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Government indicates that the Standing Committee for the Coordination of Social Affairs (CPCS) undertook consultations in 2014 and 2016 on the matters referred to in Article 5(1) of the Convention. The Committee notes that the consultations included the reports submitted for the period 2013–15 by the Macao Special Administrative Region under article 22 of the ILO Constitution, proposals for the denunciation of ratified Conventions, and matters regarding the Maritime Labour Convention, 2006 (MLC, 2006), the Forced Labour (Supplementary Measures) Recommendation, 2014 (No. 203), and the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). The Government further indicates that, during the relevant period, the CPCS has convened meetings to discuss labour policies and draft legislation, including in relation to a bill amending the Labour Relations Law No. 7/2008. The Government nevertheless indicates in its report that the relevant representative workers’ organizations made observations pointing out that measures were needed to ensure the full functioning of the CPCS to promote harmonious labour relations. The Committee requests the Government to provide information on the functioning of the Coordination of Social Affairs (CPCS) and the manner in which it ensures effective consultations as required by the Convention. The Committee also requests the Government to continue to provide information on the content and outcome of the consultations held on each of the matters concerning international labour standards covered by Article 5(1) of the Convention.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 5 of the Convention. Tripartite consultations required by the Convention. The Government indicates that, further to the agreement reached by the members of the Standing Committee for the Coordination of Social Affairs (CPCS) to devote at least one annual meeting to matters related to international labour standards, the CPCS undertook consultations in November 2011 and in May 2013 on the matters referred to in Article 5(1) of the Convention. The Committee notes that the matters discussed included the reply to the questionnaire for the General Survey concerning social security instruments (2011), the reports submitted in 2011 and 2012 by the Macao Special Administrative Region under article 22 of the ILO Constitution, and on the Maritime Labour Convention, 2006 (MLC, 2006). The Government reports that the CPCS has also convened meetings in order to conduct in-depth research and discussions on labour policies and draft legislation. The Committee invites the Government to continue to provide up-to-date information on the consultations held on each of the matters concerning international labour standards listed in Article 5(1) of the Convention.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 5 of the Convention. Tripartite consultations required by the Convention. The Committee notes the response to its 2012 direct request, contained in the Government’s report dated July 2013. The Government indicates that, further to the agreement reached by the members of the Standing Committee for the Coordination of Social Affairs (CPCS), to devote at least one annual meeting to matters related to international labour standards, the CPCS undertook consultations in November 2011 and in May 2013 on the matters referred to in Article 5(1) of the Convention. The Committee notes that the matters discussed included the reply to the questionnaire for the General Survey concerning social security instruments (2011), the reports submitted in 2011 and 2012 by the Macao Special Administrative Region under article 22 of the ILO Constitution, and on the Maritime Labour Convention, 2006 (MLC, 2006). The Government reports that the CPCS has also convened meetings in order to conduct in-depth research and discussions on labour policies and draft legislation. The Committee invites the Government to continue to provide up-to-date information on the consultations held on each of the matters concerning international labour standards listed in Article 5(1) of the Convention.

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

Tripartite consultations required by the Convention. The Committee notes the Government’s report for the period ending in May 2011 including replies to its previous direct request. The Committee notes that the Government briefed the Standing Committee for the Coordination of Social Affairs (SCCSA) on the provisions of Convention No. 144 and on the need to hold at least one annual meeting to discuss matters concerning international labour standards. As a result, an agreement was reached on placing international labour standards on the agenda of the annual meetings of the SCCSA. The social partners further agreed to review and discuss the reports on the application of the Conventions prior to their annual submission to the ILO (Article 5(1)(d) of the Convention). The Committee further notes that the SCCSA also held sessions in which the social partners discussed laws on labour policies, including on the revision of the existing social security and labour legislation, in order to ensure that the SCCSA understands and meets the requirements of the Conventions applied in the Macau Special Administrative Region, particularly where mechanisms of tripartite consultations and social dialogue are needed. The Government further indicates that the representatives of the social partners have found appropriate channels to express their views on the implementation of Convention No. 144 and other ILO Conventions. The Committee notes with interest the efforts in implementing measures to achieve the best possible procedures to promote effective consultations required by the Convention. It hopes that subsequent reports will include updated information on the consultations held on the subjects concerning international labour standards listed in Article 5(1) of the Convention.

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

Tripartite consultations required under the Convention. The Committee notes the report for the period ending in May 2009 including replies to its previous direct request. The Government indicates again that the Standing Committee for the Coordination of Social Affairs (SCCSA) did not carry out any discussion or consultation on matters in relation to Article 5(1) of the Convention. It adds that an annual report on its work does not exist. The Committee reiterates that, to comply with the requirements of the Convention, tripartite consultations should be held on the matters listed in Article 5(1). The Committee reiterates its hope that the next report will include specific information on tripartite consultations within the meaning of the Convention, including detailed information on the consultations held on the subjects concerning international labour standards listed in Article 5(1) of the Convention.

The Committee notes that the SCCSA organized in September 2009 a visiting mission to Ireland to have an in-depth comprehension and understanding of the significance and operation of the system of tripartite consultation. An ILO specialist made a presentation to the members of the visiting mission on the operation of the tripartite system and the meaning of social dialogue. The SCCSA intends to give a fuller play to its tripartite role, thus exerting a positive impact on the effective implementation of a social dialogue mechanism and the promotion of the goal of Convention No. 144 – implementation of the international labour standards. The Committee hopes that the next report will also include further information on the efforts made as a follow-up to the assistance received from the ILO to implement tripartite consultations within the meaning of the Convention.

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

Articles 5, paragraph 1, and 6 of the Convention. Effective tripartite consultation required by the Convention. The Committee notes Government’s reply to its 2005 direct request received in August 2007. The Government reports that the Standing Committee for the Coordination of Social Affairs (SCCSA) continued to play its consultative role by examining labour-related problems, proposing policies and measures and commenting and suggesting on labour‑related laws and regulations that are undergoing revisions. The Government nevertheless states that during the period covered by the report, the SCCSA had not carried out any discussion or consultation on Article 5, paragraph 1, of the Convention. Consequently, no annual report was prepared on the consultative procedures. The Committee requests the Government to provide information on the consultations held during the period covered by the Government’s next report on international labour standards indicating the nature of any reports or recommendations made as a result of those consultations. The Committee reiterates its interest in information regarding the consultation that may have taken place on Article 6 of the Convention (the working of the procedures provided for in the Convention).

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the indications provided by the Government in its latest report in relation to its previous direct request. It would appreciate continuing to receive information on the consultations held in the Standing Committee for Social Conciliation (SCSC) in relation to the matters covered by the Convention (Article 5, paragraph 1, of the Convention). Please also include information on any consultations that may have taken place with the representative organizations on the question of issuing an annual report on the working of the procedures provided for in the Convention (Article 6).

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

1. The Committee notes the Government’s report received in September 2003. It notes in particular that the revision of labour law was subjected to thorough consultations in the Standing Committee for Social Conciliation (SCSC). Please continue providing information on the activities of the SCSC in relation to the matters covered by the Convention.

2. The Committee requests again the Government to provide information on the arrangements made for the financing of any necessary training of participants in the consultative procedures (Article 4, paragraph 2, of the Convention), the frequency of consultations on the matters covered by the Convention (Article 5, paragraph 2), and on any consultations that may have taken place with the representative organizations on the question of issuing an annual report on the working of the procedures provided for in the Convention (Article 6).

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

1. The Committee notes the Government’s first report on the application of the Convention. It notes with interest that the Standing Committee for Social Conciliation (SCSC) promotes the implementation of ILO standards in the Macau Special Administrative Region and carries out consultations in application of the Convention. It would be grateful if the Government would continue to provide information on the activities of the SCSC in relation to all the matters covered by the Convention.

2. Please provide information in particular, on the arrangements made for the financing of any necessary training of participants in the consultative procedures (Article 4, paragraph 2, of the Convention), the frequency of consultations on the matters covered by the Convention (Article 5, paragraph 2), and on any consultations that may have taken place with the representative organizations on the question of issuing an annual report on the working of the procedures provided for in the Convention (Article 6).