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Home›Macau›Amendment would lessen financial risk for employers hiring from overseas

Amendment would lessen financial risk for employers hiring from overseas

By Julie Zhu, MDT
Thursday, May 14, 2020
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The latest amendment proposal for the city’s non-local workers employment law could lead to some non-local workers incurring financial losses if they make trips to Macau for work while unsure of their actual employment situation.
Yesterday, the Third Standing Committee of the Legislative Assembly (AL) listened to the local government’s introduction to the amendment, having raised some questions.
According to Vong Hin Fai, Chairman of the AL committee, the local government prescribed a new provision to the law, No.21/2009, concerning the employment of non-resident workers.
The fourth article of the law currently prescribes that all non-local workers will be issued a staying permit as a worker in Macau. This provision specifically concerns domestic helpers and non-professional workers.
According to the government, it serves the purpose to prevent “tourists” from seeking jobs while staying in Macau.
The Public Security Police Force (PSP) would be the authority to issue staying permits. The staying permits can be temporary or non-temporary.
Pursuant to yesterday’s amendment, a non-resident worker must meet two conditions to be eligible for a staying permit. The conditions are that the personnel possess an employment-purposed-entry-permit issued by the Macau SAR government and the personnel must enter Macau from outside of Macau and with the document on hand. Even when meeting both requirements, a staying permit is not guaranteed.
Some members of the committee were highly concerned about the benefit to local employers.
According to Vong, the local government explained that if a non-resident worker fails to get a staying permit after crossing a Macau immigration checkpoint, that person will have to leave Macau. When the person has to leave, the concerned employer will not be obligated to pay for the personnel to leave. Instead the cost will need to be paid by the workers themselves.
When non-resident workers fail to obtain a staying permit, any employment relationship they may have agreed to is not officially in effect, thus the employer has no obligation to pay for the worker to leave Macau.
In 2019, 63 non-resident workers failed to get a staying permit. In 23 cases, the workers were given temporary staying permit but not a blue card. As of May 11, of this year, the PSP has rejected 28 applications for a temporary staying permit.

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