Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Convention (n° 81) sur l'inspection du travail, 1947 - Chine - Région administrative spéciale de Macao (Ratification: 1999)

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.