Indonesians slam new six-month ban rules
The government’s planned changes to the six-month ban for non-resident workers may lead to discrimination, according to Cindry Poernasari, from the Peduli Indonesian Migrant Workers’ Concern Group
The standing committee for the coordination of social affairs decided that if the employer terminates the contract with just cause, the non-resident must leave Macau for six months before being granted a new work permit. The same happens if the worker terminates the contract without just cause.
In an interview with Portuguese-language newspaper Ponto Final, Poernasari argued that there is no standard employment contract for non-resident workers in Macau, especially for domestic helpers. “There are lots of details that are not clear in the contracts, just like the daily working hours,” she said.
She said that the ban is not “reasonable”. According to her, it is very difficult for both parties to submit proof of the reasons that caused the termination of the labour relation.
“When a labour dispute between employer and worker reaches at the Migration Services, who can prove the contract violations or if they are accountable to the worker?” Pernasari asks.
She also urged the government to pay more attention to how officers of the Migration Services deal with labour disputes.
Cecilia Ho, scholar from the Macau Polytechnic Institute and supporter of the Indonesian group, shares the same concerns. Ho called on the Labour Affairs Bureau (DSAL) to create a special department to deal with non-resident workers and to ensure their rights are respected.
The law on imported labour enacted in 2009 says that if the employer dismisses the worker, the worker will be free to find a new job without any legal constraints.
However some sectors claim workers try to get fired without just cause in order to get a compensation and be free to look for another job without going back home for six-months.
For this reason, the DSAL suggested that imported workers could be free to change jobs, even in another industry, immediately after their contracts expire. They are also allowed to stay in Macau if their contract is terminated with just cause.
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