Imported labour law: More exceptions on six-month ban

The government is planning to include new exceptions to the six-month ban in the imported labour law next year, government officials disclosed yesterday

The government is mulling revising the six-month ban included in the imported labour law, secretary for Economy and Finance, Francis Tam Pak Yuen, said yesterday in a press conference.
The six-month ban was introduced in April last year as part of the new law on imported labour and prevents non-local workers from changing jobs immediately. According to current legislation, if a worker quits their job to accept a better job offer without the employers’ agreement, he or she is required to leave Macau for six months, and only after that will they be granted a new work permit.
In contrast, if the worker is dismissed by the employer without just cause, he or she will be free to find a new job without any legal constraints.
However, the government is now considering relaxing the ban to allow non-resident workers to change jobs immediately if they keep working in the same industry. “If foreign workers need to change job, they can only find another one in the same area. For instance, domestic helpers cannot find a different job in other area,” Francis Tam explained.
Officials disclosed that employers’ and workers’ representatives in the Standing Committee for the Coordination of Social Affairs have accepted the government’s proposal thereby opening the door for the discussion of the law revision.
“We want to reach a consensus as soon as possible. We hope to finish this debate within two or three months in order to start the legislative work,” Tam said.
Nevertheless, the committee members who attended yesterday’s meeting believe the measure alone is not enough.
Ella Lei Cheng I, from the Macau Federation of Trade Unions, urged the immigration services to improve work permit procedures and to prevent foreigners travelling on tourist visas to apply for work in Macau.
“They should hold a special authorisation to look for a job, instead of doing so with a tourist visa,” she told reporters.
On the other side of the fence, Vong Kok Seng, who represents employers in the standing committee, believes there shouldn’t be any exceptions for the six-month ban.
He claimed that some workers do things on purpose to be fired without just cause in order to get a compensation and be free to look for another job without being obliged to go back home for half a year.

Part-time job to be regulated

In the meantime, yesterday, the standing committee also announced it will commission a study for the wider implementation of the minimum wage for cleaning and building security industries, as well as draft a legal framework for part-time work.
Tam said that the part-time system is aimed at clarifying the conditions such as the working hours. “This will allow domestic helpers and students to take part more often in part-time jobs. It will also be more beneficial for the development of the local labour market,” the government official stressed.
For instance, foreign domestic helpers are only allowed to work for one employer – often referred to as the sponsor –, but it is widely known that people in Macau often hire them for part-time jobs.
In addition, director of the Labour Affairs Bureau, Shuen Ka Hung, assured that all workers of the outsourcing cleaning and building security services hired by government departments will be entitled to get the 9.5 percent pay raise.
Lawmaker Lam Heong Sand denounced this week that the raise introduced in September was only being applied to new contracts. But Shuen explained that the government is still signing new contracts, “which takes time, but all workers will receive retroactive payments”.