Lawmakers passed Macau’s first trade union law in its second and final reading on Friday, and the government-drafted law will take effect from March 1 next year.
The bill’s outline was passed by the legislative assembly in January last year.
The law regulates employees’ right to form and join trade unions, the composition and functioning of trade unions, and their rights and obligations.
It is the first time that the legislature has passed a trade union law. Twelve previous bills proposed by various lawmakers – most of them by lawmaker José Maria Pereira Coutinho – over the past two decades were all rejected by the legislature.
Macau is the only jurisdiction in China that still did not have a trade union law – unlike the Chinese mainland, Taiwan and Hong Kong.
New Hope lawmakers José Maria Pereira Coutinho and Che Sai Wang abstained. Both are members of the Macau Civil Servants Association (ATFPM). They expressed their views in their voting statements, claiming that the objective of the Trade Union Law was not achieved as it, they complained, fails to enhance labour protection and does not allow trade unions to represent employees in handling administrative procedures or judicial litigation.
The law stipulates that trade unions may enjoy certain powers and functions, such as negotiating with employers about employment conditions, assisting in the resolution of labour disputes, giving the government suggestions on labour policy legislation, and providing occupational training, but does not include the right of collective bargaining, nor does it mention workers’ right to strike even though it is enshrined in the Macau Basic Law.
The law stipulates that the government can ban a trade union under six specific circumstances, including “using unlawful or disorderly means to achieve its objectives”, “being disruptive to public order”, or adversely affecting the continuous functioning of public or emergency services.
The Labour Affairs Bureau (DSAL) will oversee the trade unions.
In addition, the law provides for transitional arrangements for existing associations representing various types of employees, according to which they can continue to use their original names, as long as they meet certain official requirements.
Lawmakers pass Macau’s first trade union law in the legislative hemicycle on Friday. – Photo courtesy of TDM
