AL Plenary | Illegal workers and holiday compensation dominate parliamentary debate

DSAL director Wong Chi Hong (center)

Labor issues dominated the floor yesterday at the Legislative Assembly (AL), when several spoken inquiries were presented and debated.
Lawmaker Ella Lei once again raised the problem of the high number of illegal workers. According to her, the government has failed to tackle the problem or apply penalties to the employers of such workers.
The lawmaker called for effective improvement on sanctioning mechanisms with heavy fines and accessory penalties like the loss subsidies and benefits in order to discourage such actions.
In the reply from the government, Labor Affairs Bureau (DSAL) director Wong Chi Hong said the government has been adopting several measures to tackle the problem, including the creation of an interdepartmental group for the elimination of illegal work.
Wong also mentioned that the group meetings discussed “the impossibility of the application of a suspension penalty to employers that hire illegal workers and the obligation of the contractor to assume a solidary responsibility on the management of the worksites that employ illegal workers”; remarking that such measures would be against “the penal policy and the principle of presumption of innocence in cases of law violation.”
Wong also recalled that the bureau has been facing problems in finding proof that would have led to a formal accusation.
Regarding the government’s reply, lawmaker Lei reaffirmed her disapproval: “I do not agree! This has nothing to do with the principle of presumption of innocence. The government already said before that the fines are too light and do not produce effects […] DSAL in the last years never applied these accessory penalties. I don’t see how this can be considered a ‘big effort’ to solve this problem.”
On his side, the DSAL representative said that penalties “are being applied” and noted that “from January to September [this year] six people were targeted with these penalties.”
“Fourteen others have seen their authorization [to import labor] revoked for a period from six months to a year. […] We are trying not just to criminalize but to tackle this [problem] from the source.”
On the topic, lawmaker Ng Kuok Cheong said the government seemed to be holding the proof “hostage” and added that they should focus on “creating a mechanism for the people to present proof… The workers are hoping for this.”
“Looks like the frontline workers are working instead of the PSP officers,” said Ng’s stand partner Au Kam San, remarking on the efforts of the workers associations to stop illegal workers at construction sites.
Mak Soi Kun added, “This is an important matter, this is like environment work, we need to reduce from the source.”
“Why don’t illegals go to jail in Macau? […] Who employs of course needs to be punished but who comits the crime should also be punished.”
Mak noted that most illegal workers are never accused by DSAL, and even find help with them. “DSAL helps them to get the salary and to be repatriated, this makes no sense. Nobody assumes the responsibility on this.”
Kwan Tsui Hang also agreed with Mak’s opinion that workers should be punished, calling for the need to know “who let these illegals in?”
DSAL said that it would “need to have a clear definition about who is the responsible for the work site and this person has to be responsible for the sub-contractors”, and called for administrative regulations to clarify the responsibilities of both parties.

68 rest days per year

Lam Heong Sang

Lawmaker and AL vice president Lam Heong Sang addressed a problem raised in a previous session by Kwan Tsui Hang: the need for a compensatory regime that grants all workers 68 rest days per year. Such a compensatory regime is already applied in the public sector but not the private sector, taking away many workers’ legal right to rest days. The government replied that it is working on a new version of the “Labor Relations Act” that should include a paid paternity leave and compensation for weekly days off during public holidays, but said “there are still conflicting opinions [in the Standing Committee for the Coordination of Social Affairs].”

On the lawmakers’ agenda

Young entrepreneurs Angela Leong questioned the government on the results of the initiative that grants young entrepreneurs up to MOP300,000 to start their own businesses. DSE director Tai Kin Ip said that “in general terms, the project had very positive effects” and recalled that from the 1,300 requests received, 881 were authorized. Questioned on the actual efficiency of such measures, Tai said, “90 percent [of the companies helped] are still operating while 10 percent eventually ended their activities.”

Ride-hailing app Au Kam San again urged the government to take action on the legalization of ride-hailing apps, such as Uber, in the territory. According to the lawmaker, the lack of this service – one to which both mainland Chinese and international visitors are accustomed – runs “contrary to the goal of the construction of a world leisure and tourism center.” In Au’s opinion, the absence of this service is made even starker due to the difficulties of getting a taxi. On the government’s side, the Secretary for Transport and Public Works, Raimundo do Rosario, remarked: “The fact that it is legal in other places doesn’t mean that it is here.”

Public transport Mak Soi Kun commented on the bus drivers qualifications, linking that factor with the high number of road accidents involving public buses. Mak questioned the evaluation system by government. Authorities said that they would continue pushing for continuous training and evaluations in order to raise public transport safety.