DSAL rejects criminal check for imported staff

The director of the Labour Affairs Bureau (DSAL), Shuen Ka Hung, yesterday rejected lawmakers’ suggestion to demand criminal records of non-residents who want to work in Macau. He said that would violate labour rights.
“According to the labour act, we cannot refuse to hire someone with a criminal record because that has to do with the right to get a job,” the official said in response to an inquiry made by Kwan Tsui Hang, who is a member of the Macau Federation of Trade Unions (AGOM).
Shuen said that workers with a criminal record have already served a sentence and paid their debt to society. “We cannot call on this to create a precedent. We will not ask any country to send the criminal record of their citizens,” he stressed.
The official’s statement may also be a response to a proposal made last week by the Macau Women’s General Association. The traditionally strong organisation urged the government to require criminal records in the recruitment of non-resident domestic helpers.
This came after the Public Prosecutions Office accused six domestic helpers of stealing goods and money from their employers. The association said that cases of theft involving domestic helpers “happen frequently”.
It suggested that several government departments, such as the Human Resources Office, DSAL and the police forces, should set up a database to exchange information on domestic helpers, so employers can have a wide knowledge of the personal data of employees before they hire them.

Different treatment

Yesterday, Kwan slammed the fact that there is a “different treatment” between non-resident workers from the mainland and those from other countries, in particular because Macau allows some foreigners to look for jobs while holding a tourist visa.
“In China, like other countries, there are strict procedures for the export of manpower. Neighbouring regions have already established rules that only allow the entry of non-resident workers with working visas, but in Macau this exists only for mainland citizens. Why is that?” she asked.
Ho Ion Sang, AGOM deputy director, joined forces with Kwan. “There is a confusing situation in Macau, because many workers arrive here and seek jobs without resorting to employment agencies and with the help of their countrymen”.
Mak Soi Kun was more radical and urged the creation of a blacklist of visitors that come to Macau looking for a job.
Shuen and the acting commissioner of the Public Security Police (PSP), Lei Siu Peng, explained that there are no laws in Macau preventing visitors from looking for a job. They stressed that mainlanders are not allowed to do so, because that is a rule imposed by the Central Government.
“They do not break the law [looking for a job with a tourist visa], because they will only get an interview. If they come to work in probation, that’s illegal work.”
“If the employer decides to hire this non-resident worker, he or she has to submit an application to the Human Resources Office. This is fair and legal. A Macau resident can go to the US for a job interview with a tourist visa as well,” Shuen explained.
Nevertheless, lawmakers did not seem convinced and urged the government to review the law, saying that “it is creating social problems”.

Right to change jobs

In addition, Kwan called on the government to solve “the problem of non-residents changing job, because it’s causing inconvenience to many families”.
She said that, according to data from the PSP, in the first eight months of last year, 468 foreign workers have changed their professional areas from domestic helpers to engage in other activities, such as masseur, waiter, cook, dancer and therapist.
“Between June and August last year, migration services received 3,138 and 2,805 requests to change professional area and cancellations of the permit to work as a foreign domestic helper in Macau, respectively,” she added.
Shuen explained that the standing committee for coordination of social affairs has decided to introduce changes to the six-month ban in order to solve this problem. He said that domestic helpers will be allowed to change family, because they have the right to do so if they do not fit in.
The law on imported labour enacted in 2009 says that if the employer dismisses the worker without just cause, he or she 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 compensation and be free to look for another job without going back home for six months.
For this reason, workers’ representatives in the standing committee suggested that if the two parties decide to terminate the contract earlier, the imported worker can keep the work permit but he or she has to look for a new job in the same professional area.
In addition, all parties agreed that if the employer terminates the contract with just cause, the employee has to leave Macau for six months and only after that he or she could be granted a new work permit. The same happens if the employee terminates the contract without just cause.