DSAL monitoring ‘potential loophole’ for TNR job promotions
The Labour Affairs Bureau (DSAL) is closely monitoring the Macau job market to ensure that the law is strictly observed in the promotion of non-resident workers (TNRs), the bureau said in reply to a Times inquiry.
DSAL cited Law No. 21/2009 – Law on Employment of Non-resident Workers, which states that “employers can only arrange for non-residents to engage in occupational activities that they are permitted to engage in. Otherwise, the employer’s behavior constitutes an administrative violation [punishable] by a fine that ranges from 5,000 to 10,000 patacas per employee.” The bureau added:
“If employers intend to transfer or promote a non-skilled TNR to a professional skill [job category], they must submit an application to this bureau together with relevant documents, such as the TNR’s academic qualifications and professional qualifications for holding the position. [Employers should also submit proof] that there are no other local workers in the company who could be promoted to the position [instead]. This bureau will make a comprehensive analysis [of all documentation] according to the law.”
Although DSAL said that it examines all cases carefully and according to the regulations, the bureau also noted, “If employees believe that their employment and labor rights have been harmed, or if they have learned of violations to the Law on the Employment of Non-resident Workers, [these employees] should report to the bureau [and the bureau will launch] investigations to protect the legitimate rights and interests of local employees.”
The Times inquiry was prompted by reports published on social media as well as information from various sources indicating that some local employers have been promoting TNRs to professional roles to preserve their TNR quotas for the renewal of blue cards.
Another source also told the Times that these workers were offered significantly lower salaries than those paid to locals who had previously filled the same post.
These practices are allegedly occurring in several sectors but are especially common in the hotel industry, food and beverage, and other service-related industries such as retail.
On the topic of the salary, DSAL also noted that the payment of different wages for the same position is an illegal practice noting that according to the same law (21/2009), “non-resident workers must be paid the same remuneration as local workers when they provide the same work. Therefore, when examining and approving applications for TNRs, this bureau will take into account the salary levels of the relevant industries and positions in the labor market, the salary levels of the positions offered and registered by the bureau as well as the salary levels of local and non-local employees applying for the same positions in the company.”
DSAL also said that it will take into consideration other factors such as the size of the company, and will ensure that salaries are the same or similar to ones offered to local workers hired for identical or comparable roles.
Several lawmakers cited cases of employers exploiting this loophole allowing TNRs to be promoted in situations not considered by the labor laws. These lawmakers made inquiries to the government on behalf of the labor sector at the Legislative Assembly before the close of the legislative year on August 31.
