Minimum Age Convention, 1973 (No. 138) - China - Macau Special Administrative Region (Ratification: 2000)

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

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee had previously noted the Government’s indication that in order to eliminate child labour, the Government had introduced a 15-year free education system which would last until the age of 18 years. It had also noted the Government’s indication that the new legislative draft of the Labour Law contains more specific stipulations concerning the elimination of child labour and provides for better protection to children and young persons. The Committee notes with interest that the Labour Relations Law No. 7/2008 (Labour Law of 2008), which was adopted by the Legislative Assembly on 5 August 2008, came into force on 1 January 2009.

Article 3(1) and (2). Minimum age for admission to, and determination of, types of hazardous work. The Committee had previously noted the Government’s indication that the draft Labour Law specifically stipulates the places and types of dangerous work to which the admission of minors under 18 years will be prohibited or subjected to restrictions. The Committee notes with satisfaction that according to section 29 of the Labour Law of 2008, an employer shall not employ a minor to perform: (1) domestic work; (2) overtime work; (3) work during the period from 9 p.m. to 7 a.m. of the following day; (4) work at places where admission is forbidden to under-18s; and (5) work on the list of prohibited occupations for minors, approved by dispatch of the Chief Executive. It notes that pursuant to subsection (5) of section 29, the Government adopted the Chief Executive’s Dispatch No. 343/2008, approving the list of occupations with restricted conditions for minors, and the Chief Executive’s Dispatch No. 344/2008, approving the list of prohibited occupations for minors. The Committee also notes that the first part of the List No. 343/2008 contains the types of work that involve either physical or chemical elements that might affect minors such as: work exposed to ultraviolet radiation, very high or low temperature, high noise levels and vibration, and other corrosive, irritant or inflammable substances; the second part contains the types of work that because of their nature involve certain physical or mental risk, for example, dangerous operations, demolishing work or work whose rhythm causes tension or pressure; and the third part involves the type of workplaces that may put minors at risk, for example, where fierce or venomous animals are kept, laboratories, hospitals, slaughter houses, etc. List No. 344/2008 enumerates work involving physical and chemical factors; work processes that involve certain dangerous materials such as asphalt, resin and other hydrocarbon-based polymer products; work with dangerous machines; workplaces such as confined spaces, in compressed air, underwater, at dangerous heights; and other establishments such as health clubs, billiard saloons, bars and amusement game centres. Moreover, according to the provisions of section 85(2) of the Labour Law of 2008, an employer employing minors to work in violation of the provisions of section 29 shall be punished with a fine of 10,000 patacas (MOP) (about US$1,250) to MOP25,000 (about US$3,100).

Article 7(1) and (3). Light work. The Committee had previously observed that according to the provisions of the draft Labour Law, children between 14 and 16 years of age may undertake light work activities in public or private entities during the school holidays in the summer. However, these provisions did not determine the hours and conditions under which such work may be undertaken. The Committee notes the Government’s statement that concerning the working hours for minors, the Labour Law of 2008 has made a general provision in this regard, irrespective of whether the employee concerned is an adult, or whether it involves full-time employment or only short-term work during summer holidays. Accordingly, section 33 of the Labour Law of 2008, stipulates that the normal working hours shall not exceed eight hours a day and 48 hours a week, with a break period of not less than 30 consecutive minutes so that the employee will not work more than five consecutive hours. Furthermore, section 33(2) stipulates that the employee shall have a total of not less than 12 hours of rest per day.

Part V of the report form. Practical application of the Convention. The Committee notes that according to section 31(1) of the Labour Law of 2008, the employer must notify the Labour Affairs Bureau of the conclusion of a labour contract with a minor, within 15 days from the date of its conclusion. In this regard the Committee notes the Government’s indication that during the period from 1 January 2009 to 31 May 2010, the Labour Affairs Bureau received notifications from 66 employers for hiring 642 minors. The Committee further notes the statistical information provided by the Government on the number of violations detected by the Labour Affairs Bureau with regard to the employment of minors. According to this data, during the period from June 2008 to May 2010, 70 cases involving 110 minors were detected of which most of the violations were with regard to failing to notify the Labour Affairs Bureau within 15 days of hiring the minors, hiring of minors without a written medical certificate and hiring of minors without a written authorization from their legal representative. The Committee further notes the Government’s statement that the Labour Affairs Bureau has dealt with all these violations by levying corresponding fines against the violating employers. It also notes the Government’s reference to a court decision against an employer who engaged a minor child of less than 16 years without obtaining prior proof that the latter possess the necessary physical condition as required to perform that work. The employer was sentenced to pay a fine of MOP2,500 (about US$315).

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

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. Following its previous comments, the Committee notes the Government’s indication that the new legislative draft of the Labour Law has more specified stipulations concerning the elimination of child labour and also provides better protection to children and young persons. It notes the Government’s information that the draft law had been adopted by the general meeting of the legislative council, and is currently being reviewed by the third standing committee of the legislative council. The Government states that the legislative process is carried out in a speedy manner and the formal text is expected to be adopted within the year 2008. The Committee further notes the Government’s information that in order to eliminate child labour, it has introduced free education until senior middle school, in 2007. Accordingly, 15-year free education, lasting until the age of 18 years shall be realized by 2009–10. The Committee requests the Government to supply a copy of the Labour Law, as soon as it has been adopted.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, types of hazardous work. The Committee had previously noted the Government’s information that the new Labour Law specifically stipulates the places and types of dangerous work to which the admission of minors under 18 years will be prohibited or subjected to limitations, taking into account the types of work suggested by Recommendation No. 190. paragraph 3, clauses (a)–(e). The Committee requests the Government to provide a copy of the list of types of hazardous work prohibited to minors under 18 years, as soon as it has been adopted.

Article 7, paragraphs 1 and 3. Light work. The Committee had previously noted that section 39(2) of Decree Law No. 24/89/M on labour relations permits the employment of minors aged between 14 and 16 under the conditions provided in section 42(1), which require that the minor’s good health is proved by a medical certificate and that this certificate shall be revised once a year. It had noted the Government’s indication that, in practice, such cases are restricted to seasonal labour during school holidays, and are not permanent in nature. The Committee notes the Government’s information that according to the draft Labour Law, a person under 16 years of age shall enter into a labour contract after consultation with and approval by, the Bureau of Education and Youth and the Bureau of Labour Affairs. It also notes that before signing the labour contract the employer should evaluate the nature of the work, intensity and hours of work by the employee concerned and should take special measures for their protection. The Committee further notes the Government’s information that the hiring of minors of between 14 and 16 years of age for work happens only in the form of seasonal work specifically geared to pupils during the summer holidays. The Committee observes that although children between 14 and 16 years may undertake light work activities in public or private entities only during the summer holidays, the draft law does not appear to determine the hours and conditions under which such work may be undertaken. The Committee reminds the Government that, according to Article 7, paragraph 3 of the Convention, the competent authority (and not the employer) shall determine and prescribe conditions in which such employment or work may be undertaken. The Committee therefore requests the Government to take the necessary measures to ensure that the draft Labour Law will prescribe the conditions in which, and the number of hours during which, light work activities may be undertaken by children under 14 and 16 years of age.

Part V of the report form. Practical application of the Convention. The Committee notes the statistics provided by the Government with regard to child labour inspections carried out by the Bureau of Labour affairs. According to this data, during the period from 2006 to 31 May 2008, 43 enterprises out of 199 enterprises inspected, employed a total of 47 children between 14 and 15 years. Children were found working in restaurant and catering services (14 children), food and consumer goods retail (13 children), services trades (seven children), clothes industry (five children), construction (four children), and two each in transportation and hair-cutting salon. The Committee notes that only 28 enterprises produced the medical certificate indicating that the child concerned was medically fit to execute the task. Amongst the remaining enterprises, 15 enterprises rectified themselves upon receiving the advice from the Labour Affairs Bureau, and fines were imposed on four enterprises. The Committee requests the Government to continue providing information on the manner in which the Convention is applied, including, statistical data on the employment of children and young persons, extracts from the reports of inspection services and information the number and nature of violations detected involving children and young persons.

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

The Committee notes the Government’s report. It requests the Government to supply further information on the following points.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. Following its previous comments, the Committee notes the Government’s information that, in order to achieve the employment policy laid down under section 6 of the Framework Law on Employment Policies and Labour Rights Law No. 4/98/M, and, especially to fulfil the goal set out in section 7 (elimination of child labour) of the above law, the Government has strengthened the regulations on child labour in its ongoing work of revising the Labour Relations, Juridical System Decree Law No. 24/89/M. The Committee notes the Government’s indication that the legislative process for the adoption of this new labour law has entered its final phase. It further notes the Government’s statement that it will carry out stringent inspections of workplaces and other activities to monitor the compliance of relevant regulations. The Committee requests the Government to keep it informed of the progress made in the adoption of the draft labour law and to provide the text once it has been adopted. The Committee also asks the Government to provide information on other national policy measures taken or envisaged to eliminate child labour.

Article 2, paragraph 1. Scope of application. The Committee had previously noted that the Decree Law No. 24/89/M only applies to a labour relationship or a contract of employment. The Committee had requested the Government to provide information on the manner in which the protection envisaged by the Convention is secured for children under the minimum age specified (16 years) who are not bound by a labour relationship or contract of employment, such as self-employment. The Committee notes the Government’s reply that, MSAR being a relatively developed economy with its people enjoying stable incomes and children subject to compulsory education until the age of 16 years, the country is basically free from child labour and there are hardly any self-employed minors under the age of 16 years.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee had previously noted that according to section 2(a) of Decree No. 11/98, the age of compulsory schooling is 15 years. The Committee had noted that it considers the requirement of Article 2, paragraph 3, of the Convention fulfilled since the minimum age of employment is not less than the age of completion of compulsory education. The Committee had noted however that, if compulsory schooling comes to an end before the young persons are entitled to work, there may be a period of enforced idleness, which in this case is a period of one year between the end of compulsory schooling (at 15 years) and the age of admission to employment or work, set at 16. The Committee had expressed the view that compulsory education is one of the most effective means of combating child labour and had considered it desirable to ensure compulsory education up to the minimum age for employment, as provided in Paragraph 4 of Recommendation No. 146. The Committee notes the Government’s indication that it is currently reviewing its educational system and intends to provide free education for senior middle schools, thus achieving a 15-year free education for all, in the immediate future. The Committee notes the Government’s statement that the implementation of the 15-year free education will encourage the youth not to begin working before the completion of senior middle school education, which will be until 18 years of age. The Committee takes due note of this information.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, types of hazardous work. Following its previous comments, the Committee notes with interest the Government’s information that the new Labour Law will specifically stipulate the places and types of dangerous work to which the admission of minors will be prohibited or subjected to limitations, taking into account the types of work suggested by Recommendation No. 190, Paragraph 3, clauses (a)-(e). The Committee trusts that this draft Labour Law will soon be adopted and requests the Government to provide information on progress made in this regard.

Article 7, paragraphs 1 and 3. Light work. The Committee had previously noted that section 39(2) of Decree Law No. 24/89/M on labour relations permits the employment of minors aged between 14 and 16 under the conditions provided in section 42(1), which require that the minor’s good health is proved by a medical certificate and that this certificate shall be revised once a year. It had noted the Government’s indication that, in practice, such cases are restricted to seasonal labour during school holidays, and are not permanent in nature. The Committee had requested the Government to indicate the nature and conditions in which light work is currently performed. The Committee notes the Government’s statement that MSAR is a relatively developed and prosperous region, and the fact that children are subject to a 12-year compulsory education free of charge, limits their possibility to take up any employment, including light work. The Government further states that since there are no cases of violations of the law on child labour, there does not seem to be any need to regulate the laws concerning the employment of persons under 16 years of age on light work. The Committee observes that as work by children below the minimum age of 16 years is permitted by law (section 42(1) of Decree Law No. 24/89/M), the activities permitted thereunder and the hours and conditions under which such work can be performed need to be regulated in order to be in line with the provisions of the Convention. The Committee further takes note of the Report on Employment Survey 2005 prepared by the Statistics and Census Bureau, which indicated a total labour force of 6,432 children aged 14-19 employed in hotels, restaurants and similar activities and in construction works. The Committee notes the Government’s information that the hiring of minors of between 14 and 16 years of age for work happens only in the form of seasonal work specifically geared to pupils during summer vacations and without continuity. The Committee reminds the Government that, according to Article 7, paragraph 3, of the Convention, the competent authority shall determine and prescribe the number of hours during which, and the conditions in which such employment or work may be undertaken. The Committee notes the Government’s information that the draft labour law will lay down more rigorous norms in the general provisions on child labour, exceptions and working conditions. The Committee trusts that the draft labour law will determine light work activities that may be undertaken by children between 14 and 16 years of age. It also hopes that the draft labour law will prescribe the conditions in which, and the number of hours during which, light work activities may be undertaken by children between 14 and 16 years of age.

Article 8. Artistic performances. Following its previous comments, the Committee notes the Government’s information that, except for artistic performances for fun or for extracurricular activities, there have been no cases of employment of young persons for such purposes as participation in artistic performances. The Committee takes due note of this information.

Article 9, paragraph 3. Registers of employment. Following its previous comments, the Committee notes the Government’s information that, according to section 7 of Decree-Law No. 50/85/M on the system for worker recruitment, employers must inscribe data of workers in their service in the form sheet stipulated in Decree No. 139/85/M on approval of the format for listing the workers as referred to in the system for workers recruitment. Such data shall include the name, date of birth, gender, type and date of issue, personal identification documents, grade and function of the worker. The Committee further notes the Government’s indication that the draft labour law specifically stipulates that employers must inscribe the data of the employees in their service into books, data cards or information systems and shall maintain the documents containing such data during the period of effective labour relationship and three years after the termination of the labour relationship. The Committee takes due note of this information.

Part V of the report form. Practical application of the Convention. The Committee notes that the Report on Employment Survey 2005 prepared by the Statistics and Census Bureau indicated that children aged 14-19 were found entering into the labour force. The principal reason for entering into the labour force was completion of studies or discontinuation of studies. According to this survey the labour force within the age group of 14-19 indicated a total of 6,432, out of which 5,415 were employed in hotels, restaurants and similar activities and in construction works, while continuing their education. The Committee notes the Government’s information that the hiring of minors of between 14 and 16 years of age for work happens only in the form of seasonal work specifically geared to pupils during summer vacations and without continuity. It notes the Government’s indication that the Labour Affairs Bureau of MSAR will make a special effort in child labour inspection during the summer vacation periods. The Committee further notes the statistics provided by the Government with regard to the Child Labour Inspection Operation carried out in July 2005. According to this data, 17 enterprises out of 476 enterprises, belonging to the food and drink services, manufacturing, retails and various other industries inspected, employed 29 minors between 14 and 16 years to work in the summer. The Committee notes the Government’s information that some of the enterprises that hired child labour were able to produce the medical certificate indicating that the child concerned was fit to execute the task, and the other enterprises which did not have such document, corrected themselves quickly upon receiving the advice from the Labour Affairs Bureau. The Committee also notes that, according to the annual report of the Labour Inspection Department, no violations in relation to child labour were detected in 2004. The Committee requests the Government to continue providing information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons.

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

The Committee notes the Government’s first and second reports and requests it to supply further information on the following points.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes that under the terms of section 7(h) of Law No. 4/98 on employment policy and workers’ rights, it is necessary to adopt several measures contributing to the eradication of child labour in order to reach the aims of Macau employment policy. It requests the Government to provide information on the measures taken or envisaged in order to contribute to the eradication of child labour, in conformity with section 7(h) of Law No. 4/98 on employment policy and workers’ rights.

Article 2, paragraph 1. 1. Scope of application. The Committee observes that by virtue of section 3 of Decree-Law No. 24/89/M on Labour Relations, the Decree-Law only applies to a labour relationship or a contract of employment. The Committee stresses that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether under a labour relationship or contract of employment or not, and whether it is remunerated or not. The Committee requests the Government to provide information on the manner in which children under the minimum age specified (16 years) who are not bound by a labour relationship or contract of employment, such as self-employed workers, benefit from the protection afforded by the Convention.

2. Minimum age for admission to employment or work. The Committee notes the Government’s statement that section 39(1) of Decree-Law No. 24/89/M on Labour Relations, currently establishes as a general rule the admission of minors to employment at the age of 16 years. In this regard, the Committee notes with interest that section 40(2) and (3) of Decree-Law No. 24/89/M on Labour Relations prohibits the employment of minors under 16 years of age in the domestic service including the following activities: cleaning and tidying the house; preparation of meals; washing and management of clothing; supervision and assistance of children and elderly people; outside tasks related to above; gardening; sewing; other similar customary tasks; coordination and supervision of the tasks referred to above.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that according to section 2(a) of Decree No. 11/98, the age of completion of compulsory schooling is 15 years. The Committee also notes that Law No. 11/91/M establishes the legal framework for Macau SAR’s education system. Section 2 of this Law provides that all residents of Macau have the right to education. Under the terms of section 6(2) of the Law, basic education is essentially free. Moreover, according to the Government’s report, the last literacy survey in 2001 evaluates that more than 90 per cent of the adult population are able to carry out ordinary reading and writing tasks. The Committee considers that the requirement set out in Article 2, paragraph 3, of the Convention is fulfilled since the minimum age for employment, namely 16 years for Macau SAR, is not less than the age of completion of compulsory schooling. The Committee is nevertheless of the view that compulsory education is one of the most effective means of combating child labour and that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be a period of enforced idleness (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILO, 67th Session, Geneva, 1981, paragraph 140). The Committee therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. In this context, the Committee hopes that the Government will indicate any new developments on this point.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, types of hazardous work. The Committee notes that according to section 40(1) of Decree-Law No. 24/89/M on Labour Relations, the admission of minors to work which by its nature or the circumstances in which it is carried out is likely to jeopardize the physical, spiritual or moral development of the minor can be forbidden or regulated by a Decree of the Governor. It also notes that under the terms of section 41(1) of Decree-Law No. 24/89/M, a Decree of the Governor can prohibit or regulate certain types and sectors of work, whenever the development, the safety or the life of the minor worker is jeopardized. Moreover, according to subsection (2) of section 41, a Decree can raise the minimum age for admission to certain types and sectors of work. The Committee notes that sections 40 and 41 of Decree-Law No. 24/89/M are of general application and that the national legislation does not contain provisions determining the types of hazardous employment or work prohibited for children and young persons under 18 years.

The Committee recalls that Article 3, paragraph 1, of the Convention provides that the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. It also reminds the Government that, under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee considers that a general prohibition of hazardous work, without additional measures, is unlikely to have much practical effect. If the types of employment or work which are too hazardous for young persons to perform are not designated specifically, there is usually no way for a young person to be prohibited from performing a particular dangerous job (see the General Survey of the Committee of Experts of 1981, paragraph 225). In this regard, the Committee notes the Government’s statement that a draft Bill on child labour revising the labour legislation of Macau SAR is currently under discussion in the Standing Committee for Social Arbitration, which, as a consultative body to the Chief Executive, has the role of allowing dialogue and concertation among the administration, employees and workers, so as to ensure their participation in defining the social and labour policy of the Government and in the promotion of social development. The Government also indicates that the draft Bill on child labour would expressly prohibit or impose conditions on certain types of work to persons under 18. The Committee requests the Government to provide information regarding progress towards the adoption of the draft Bill on child labour which would contain a list of activities and occupation to be prohibited to persons below 18 years of age, in accordance with Article 3, paragraphs 1 and 2, of the Convention. It also requests the Government to provide information on the consultations held with organizations of employers and workers concerned on this subject. Finally, the Committee asks the Government to provide a copy of the draft Bill once it has been adopted.

Article 6. Vocational training and apprenticeship. The Committee notes the Government’s indication that Decree-Law No 52/96/M regulates the legal framework for training. According to section 8(1) of the Decree-Law, apprentices are young persons who have finished primary education and are aged from 14 to 24 years. Under the terms on subsection (2) of section 8, pre-training courses can be created by decree of the Governor and will be considered as equivalent to primary education for legal purposes. Moreover, section 8(3), provides that only young persons who, on the date of enrolment, are older that the maximum age for admission to primary education shall have access to pre-trainee courses. According to section 3 of Decree-Law No. 52/96/M, candidates who wish to benefit from education as trainees shall register with the Labour and Employment Affairs Bureau (LEAB), with an association of employers or workers or with a company qualified to carry out training. After registration, the candidates shall be subject to a process of occupational guidance under the auspices of the LEAB. Furthermore, apprenticeship includes: (a) a general education; and (b) a specific technical/professional education offered in alternation with a company and a training institution. The Government’s report specifies that Decree-Law No. 52/96/M was discussed within the context of the Standing Committee on Social Arbitration which served as a forum for hearing the opinions of representatives of workers and employers.

Article 7, paragraphs 1 and 3. Light work. Section 39(2) of Decree-Law No. 24/89/M on Labour Relations permits the employment of minors aged between 14 and 16 under the conditions provided in section 42(1), which require that the minor’s good health is proved by a medical certificate and that this certificate shall be revised once a year. The Government indicates that, in practice, such cases are restricted to seasonal labour during student holidays, and are not permanent in nature. The Committee reminds the Government that under Article 7, paragraph 1, of the Convention, national laws or regulations may permit the employment or work of persons from 13 years of age in light work, provided that it is not likely to be harmful to their health or development and is not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It further recalls that under Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities in which employment or work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. Noting that a draft Bill on child labour revising the labour legislation of the Macau SAR is currently under discussion in the Standing Committee for Social Arbitration, the Committee trusts that this draft Bill will determine the types of light work activities that are permitted for persons from 13 years of age, and the conditions in which such employment or work may be undertaken. It also asks the Government to indicate the conditions in which light work is currently performed, particularly the nature of the work and the number of hours for which it is performed.

Article 8. Artistic performances. The Committee notes the Government’s statement that no use has been made in Macao SAR of the exceptions permitted by this Article. The Committee requests the Government to indicate whether, in practice, young persons participate in activities such as artistic performances and, if so, to provide information on the types of activities in which they participate, particularly the number of hours during which and the conditions in which they may be undertaken.

Article 9, paragraph 1. Appropriate penalties. According to section 50(b) of Decree-Law No. 24/89/M, violations to the rules relating to the employment of a minor would be punishable with a fine ranging from 2,500 patacas to 12,500 patacas. The Government indicates that children are vulnerable young workers, meriting special protection at work, and that therefore the abovementioned draft Bill revising the labour law would impose heavier pecuniary sanctions than those that currently apply. The fine would now range from 5,000 patacas to 25,000 patacas. The Committee asks the Government to indicate any new developments in this regard.

Paragraph 3. Registers of employment. The Committee requests the Government to indicate the legal provisions that prescribe the registers or other documents which shall be kept and made available by the employer; and which must contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age, in conformity with Article 9, paragraph 3, of the Convention.

Part V. Practical application of the Convention. The Committee notes that according to ILO labour statistics, in 2002, no persons aged from 0-14 were economically active in Macau SAR. In the same year, 5,300 persons aged between 15-19 were economically active (2,700 male; 2,600 female). It also notes the information provided by the Government that no reported case constituting a violation of child labour was detected in Macau SAR. Moreover, according to the data presented in table 3 of the Activity Report of the Department of Labour Inspection (2001), no infraction of child labour provisions was detected. The Committee observes, however, that the inspectors essentially concentrated their analysis on all workers’ conditions and that data provided on child labour are very limited. Consequently, the Committee requests the Government to supply detailed information relating to the number and nature of violations detected involving children and young persons and subsequent convictions in its future reports. It also requests the Government to include information on the application of the Convention in practice, including for example, statistical data on the employment of children and young persons, and extracts from the reports of inspection services.