Macao (RAE - China) - Six-month ban on migrant workers discriminatory (2011)

In April 2009 the Law for the Employment of Non-residential Workers, or the Law on Imported Labour, came into force with the aim of safeguarding the employment of local workers and restricting the hiring of migrant workers. The law means that migrant workers who lose or end their contracts face an effective six-month ban from seeking new employment in Macau, and many believe the law could be used by employers seeking to unfairly get rid of employees. Migrant worker groups in Macau have expressed concern over reports that some 382 migrant workers have already been affected by the law and banned for six months. They have also expressed dismay at the way the law is being implemented: without due process and with an appeal process that can take up to a year. Visas may not be extended during this time.

One example given is that of an Indonesian sacked by her employer after taking the mandatory statutory holiday (1 May) despite being told she could not. The employer told immigration she had absconded, and she was then banned from the territory for a six-month period. However, even though she appealed the decision, she was only given a ten- day visa and thus had to leave Macau before her appeal was heard. Even if the appeal was upheld, she would not be able to find new work in Macau, as she would have to re-enter on a tourist visa and the Macau authorities have announced that they would not allow such persons to be granted working permits.

© ITUC-CSI-IGB 2013 | www.ituc-csi.org | Contact Design by Pixeleyes.be - maps: jVectorMap