Macau’s Employment Act stipulates that employees must be aged at least 16 when entering into a labour contract – but the Labour Affairs Bureau (DSAL) says that between 2022 and 2024 it investigated 21 cases involving underage employment, primarily concerning employers breaching the employment conditions for minors and failing to comply with the government’s official notification obligation.
The bureau made the remarks in January in response to a written interpretation by lawmaker-cum-unionist Lei Chan U, who has released the bureau’s response recently.
In the written reply, DSAL Director Wong Chi Hong noted that during the three-year period, the bureau received a total of 667 notifications regarding the employment of minors, involving 1,333 individuals working mainly as “waiters” and “retail salespersons” in the “hotel and catering” and “wholesale and retail” industries.
Regarding Lei’s interpellation about the need for a timely review of the revised list of jobs restricted and prohibited for minors in light of the city’s economic and social developments, Wong said, as quoted in the statement, that the Labour Relations Law provides special protection for minors, including safeguarding their labour rights and interests, as well as their physical and mental health.
According to Wong, the law outlines specific conditions of employment, prohibitions and restrictions on certain jobs, health protections, and each employer’s obligation to notify the government about employed minors. Wong pointed out that the law clearly stipulates that employers may only hire minors who have reached the minimum age of employment and are provided with a medical certificate confirming in writing that they are physically and mentally fit to perform their employment duties, as well as have a written permission from their parent or guardian. Employers are also required to submit a copy of the contract, the medical certificate, and the written permission to the bureau within 15 days from the date of concluding the employment contract with the minor, except in the case of hiring summer workers.
In the statement, Wong stressed that his bureau would, through preventive monitoring and inspections, especially during the summer school holidays, remind employers and minors of the need to comply with the relevant statutory requirements in establishing labour relations. He also said that in order to meet the needs of socio-economic development, the bureau would always keep an eye on the proper enforcement of the Labour Relations Law and continue to listen to the views and suggestions from different sectors of the community for better protection of employees’ rights and interests.
‘Underage employees are a vulnerable segment of the labour force’
Meanwhile, citing the official third quarterly employment survey of last year, Lei pointed out in his interpellation that at that time there were 14,200 employees in the 16-24 age group in Macau, which, however, did not include a statistical breakdown on the number of underage employees aged 16 or above but under 18 years old.
Lei expressed concern about the physical and mental health of underage employees, pointing out that given the relatively low labour standards in Macau, a standard workweek of 48 hours could place “certain” pressure on the physical and mental health of underage employees. He also said that underage employees, as a vulnerable segment of the labour force, require special attention and protection from both the government and civil society.
This file photo taken early this month shows Labour Affairs Bureau (DSAL) Director Wong Chi Hong addressing a press briefing. – Photo: Yuki Lei
