Local governments will complete the final report on public consultations held for the city’s first trade union law, the proposed restrictions on the right to strike, the types of trade union associations allowed, and the subject. There are many opinions against the employment sector.
Public consultation on Trade Union Law was held for 45 days from October 31st to December 14th, 2021.
During the consultation period, four briefings were held to gather opinions from employers, workers, the general public, academic societies and academic societies.
In addition, opinions and suggestions from various societies such as thematic pages, post offices, emails, faxes, and telephones were widely collected by recording messages.
According to a statement from the authorities, 2,653 sets of opinions were received, for a total of 24,537 opinions and suggestions.
About 55.3% of all opinions were submitted by individuals, 42% by associations and 2.3% by businesses.
Prior to this government-led proposal, the legislative assembly had rejected more than 10 trade union bills presented by legislators over the past few years.
In the course of the consultation, these restrictions raised some concerns from trade unions and labor-related legislators. Some of these dissenting opinions were also reflected in public consultation.
One of the issues that raised dissent was the lack of the right to organize trade union strikes, but public consultation reports did not provide much information on this issue.
According to the report, the lack of the right to strike leads to “reduction of the rights and powers that must be given to trade unions” that should be guaranteed by the Macao Basic Law.
In the report, authorities stipulate the right to organize strikes for locals because trade union law is a “totally new” law, but gradually notify all parties, employers and workers. , Respond that it is necessary to carry out “gradual and orderly” advance transactions. Union law.
The proposed union bill includes restrictions on the profession related to the exercise of sovereignty, including civil servants and other occupations related to public services such as health care, transportation, and utilities.
Most of the opinions submitted on the scope of the law required that some of these four groups be allowed to enjoy the right to form trade unions.
However, in the response contained in the report, authorities said that the services provided by these workers entail “social order” and the public interest such as health and services according to the basic needs of the population. Required to ensure that the service “maintains continuous operation”.
Approximately 28% of all opinions on the scope of trade union law require non-resident workers to enjoy the right to organize union rights, which is not permitted by the bill.
In this regard, the Macau government has only stated that “we will carefully analyze and study these opinions, taking into account the specific circumstances of the city.”
“Furthermore, the focus is on the need to exempt workers from other specific sectors from applying the law, or to create appropriate regulations for them, such as workers from gambling concessionaires, the tourism sector, education, etc. There was also a guess, “said the report.
Nearly 97.5% of the opinions submitted also opposed allowing the establishment of only three types of trade unions: the Sector Union Association, the Professional Union Association, and the Corporate Trade Union Association.
According to the proposal, this limitation is due to the fact that “workers’ associations are made up of workers in the same sector or occupation”, but very few are made up of workers in the same company or occupation. It has been established. Real thing.
The report states that some oppose the types of established associations because they can “include the possibility of duplicate members.” This can make the association’s function “more complex and can be detrimental to collective bargaining between companies and the association.
Opinions suggested that the purpose and membership qualifications of the association should be considered and that the association should not be defined by the types restricted by law.
By defining trade associations into three types, employers need to face multiple trade union groups or types of groups at the same time, and some even think that they can “cause imbalances.”
Most opinions (about 96% of the total) also opposed the proposal that employees would be allowed to form a union only in companies with a certain number of workers. This is a measure to exclude some SMEs from trade union rights.
However, most people did not agree to enact specific regulations because SMEs no longer agreed to the need to establish a specific “corporate trade union” rather than a unified collective bargaining mechanism.
“Others have pointed out that there is currently no social consensus or legal provisions.
Regarding the definition of SMEs, there are no specific restrictions on collective bargaining by SMEs in other countries or regions, “the report said.
Authorities said in a report that they would consider “completely and carefully.”
Opinions on the types of trade union associations presented during the consultation period to develop each rule.
The bill also does not allow trade unions to call for strikes, but certain labor groups must represent at least 50 percent of the company’s workers before they are allowed for negotiation purposes.
In addition, only one labor group per company is officially recognized, and the agreements signed between the union and their respective employers as a result of the collective bargaining process are to non-members employed by the same company. It will be automatically extended.
Nearly 88% of the opinions gathered opposed the need to define the proportion of collective bargaining, which affected the fulfillment of the trade union association’s role as a platform and adversely affected the development of harmonious labor relations. Insisted that it could be given.
More than half of those who submitted their opinions also objected that the collective bargaining process should be automatically extended to non-members employed by the same company, many without explaining why. “It could be against these wills,” he said. Injustice with workers. “
Some residents also now have several trade unions already in existence, some of which have a history of more than half a century and “play an active role in establishing harmonious labor relations.” He warned that these associations could move to trade unions. Under the new law.
In response, the report responded that officials would allow provisional provisions related to the current situation of the existing Workers’ Association so that those who wish to register as a trade union could do so.
“With the guidelines presented in the consultation document and the opinions and suggestions received during the consultation period, the government will seek ways to build a legal system suitable for trade union law, depending on the actual situation of MSAR. The need for Macau development, “the authorities said.
On the other hand, about 98.7% of the opinions agreed that the participation and participation of local unions in the activities of international organizations should be monitored.
Similar proportions also defended the inspection of the acquisition and use of funds for future trade unions in Macau, “on the risk of the impact of’external forces’ on the practice of actions that could undermine Macau’s harmony and stability. Showed a warning. society”.
In response, the Government of Macau has pledged to create an inspection mechanism to prevent unions from joining “unintended international organizations” and to “ensure legality” to fund these organizations. did.
