Secretary for Administration and Justice André Cheong Weng Chon, who is also the spokesman for the government’s top advisory Executive Council, has announced that the government has finished drafting the city’s first-ever trade union bill.
Cheong made the announcement during a press conference at Government Headquarters on Friday. The bill will be submitted to the Legislative Assembly (AL) in due course for debate, review and vote.
Cheong underlined that the government has drafted its trade union bill after studying the opinions and suggestions gathered during a 45-day public consultation, which was carried out in late 2021, while referencing the relevant legal systems in a number of neighbouring countries and regions, and considering the city’s current social situation, including the setting-up and operations of the city’s existing trade unions and other associations representing various types of employees.
Article 27 of the Macau Special Administrative Region (MSAR) Basic Law stipulates that Macau residents shall have the right and freedom to form and join trade unions, and to strike.
According to Cheong, the bill clearly stipulates that the objective of a trade union should be to safeguard and promote workers’ rights and benefits.
The bill proposes to regulate the composition and registration of trade unions, and federations of trade unions, as well as regulate the functions and powers of trade unions.
In addition, Cheong said, the bill also covers official requirements for serving as administrators of a trade union.
Cheong said that the bill proposes to regulate the rights and obligations of trade unions. The bill proposes that trade unions will have certain functions and powers such as assisting in the resolution of labour disputes, and negotiating with employers about employment conditions.
However, according to Cheong, the bill proposes that trade unions will be barred from engaging in any activities that endanger public order or public health, or adversely affect the continuous functioning of public or emergency services.
Cheong said that the bill proposes that employees’ rights to form and join trade unions should be protected. The bill stipulates employees’ freedom to form, join and quit trade unions, as well as to participate in activities organised by trade unions.
In addition, Cheong said, the bill proposes to bar employers from lowering the rights and benefits of their employees who participate in activities organised by trade unions or serve in positions in trade unions.
Furthermore, Cheong said, the bill also proposes transitional arrangements for existing associations representing various types of employees, according to which they will be allowed to register as trade unions, or federations of trade unions, as long as they meet certain official requirements.
Cheong’s announcement of the bill on Friday did not cover workers’ right to strike. When asked by reporters about the matter, Labour Affairs Bureau (DSAL) officials noted that the Macau Basic Law gives residents the right to strike, but they were quick to add that a trade union bill is a new thing for Macau, because of which Macau’s legislation on trade unions should only proceed gradually. For the time being it is more important for Macau’s civil society to have a better understanding of trade unions first.
Macau is the only Chinese jurisdiction that still does not have a specific trade union law, unlike the Chinese mainland, Hong Kong and Taiwan.
Secretary for Administration and Justice André Cheong Weng Chon addresses Friday’s Executive Council press conference at Government Headquarters. – Photo courtesy of TDM
