MACAU DAILY TIMES 澳門每日時報

Top Menu

  • Our Team
  • Editorial Statute
    • Code of Ethics
    • Privacy Policy
    • Terms and Conditions
  • Archive
    • PDF Editions
  • Contacts
  • Extra Times
    • Drive In
    • Book It
    • tTunes
    • Features
    • World of Bacchus
    • Taste of Edesia

Main Menu

  • Home
  • Macau
    • Photo Shop
    • Advertorial
  • Interview
  • Greater Bay
  • Business
    • Corporate Bits
  • China
  • Asia
  • World
  • Sports
  • Opinion
    • Editorial
    • Our Desk
    • Business Views
    • China Daily
    • Multipolar World
    • The Conversation
    • World Views
  • Our Team
  • Editorial Statute
    • Code of Ethics
    • Privacy Policy
    • Terms and Conditions
  • Archive
    • PDF Editions
  • Contacts
  • Extra Times
    • Drive In
    • Book It
    • tTunes
    • Features
    • World of Bacchus
    • Taste of Edesia
Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
logo
ktz_banner_mdt150921
FOUNDER & PUBLISHER Kowie Geldenhuys
EDITOR-IN-CHIEF Paulo Coutinho
Macau,

MACAU DAILY TIMES 澳門每日時報

  • Home
  • Macau
    • Photo Shop
    • Advertorial
  • Interview
  • Greater Bay
  • Business
    • Corporate Bits
  • China
  • Asia
  • World
  • Sports
  • Opinion
    • Editorial
    • Our Desk
    • Business Views
    • China Daily
    • Multipolar World
    • The Conversation
    • World Views
  • Pet-friendly dining grows to 90 restaurants, but hygiene debate rages on

  • Son arrested for allegedly inciting father’s suicide attempt

  • Spice Without Borders: When Sichuan Mala Meets Indian Masala in Hong Kong

  • LRT passenger figures drop by almost 20% month-on-month in June

  • Astronomer calls for global ‘space tax’ as orbital congestion risks rise

  • ‘Pop Out Green Restroom’ selected for architecture guide on sustainable design innovation

Opinion
Home›Opinion›Legal Wise | The 45-day conundrum: what work is work and what work is not?

Legal Wise | The 45-day conundrum: what work is work and what work is not?

By -
September 21, 2016
53
0
Share:
Isolda Brasil

Isolda Brasil

Macau’s immigration authorities are well known for their strict views and heavy-handed enforcement of immigration laws in the Territory. Anyone caught doing any kind of work in Macau without a valid work permit or a Macau Identification Card is likely to be considered an illegal worker, with all the consequences inherent to such an offense. One exception, however, is that it is possible for non-resident workers to legally provide services in Macau for a limited period of time without having a work permit or a Macau I.D., even without the recipients of such services being authorized to employ non-resident workers. So where does that leave us?
Commonly referred to as “secondment mechanisms” or the “45-day rule”, the clause  that allows non-residents to work in Macau without a valid authorization is established under section 4 of Administrative Regulation 17/2004. It states that a non-resident will not be considered an illegal worker if companies with a registered office located outside Macau, together with individuals or companies with a registered office in Macau, reach an agreement for an individual to execute specific or occasional work or services. One instance is when workers from outside Macau are required to provide guidance, technical, quality control or supervision services. The same conditions apply if an individual or company with a registered office in Macau invites a non-resident to participate in activities related to religion, sports, academia, cultural exchange or the arts. In any case, the services or work permitted under this exception are limited to a maximum period of 45 continuous or discontinuous days during a six-month period, starting from the date of the non-resident’s lawful entry to Macau.
As Macau only has tourist visas, the 45-day exemption seems like the perfect solution to anyone who comes to Macau only occasionally, with the purpose of doing business (e.g. attending meetings, negotiating contracts, promoting sales, visiting construction sites) or rendering certain kinds of services (e.g. training, coaching, supervising and more). The fact is, however, that it is common for non-residents making use of this exception to be arrested and expelled from the Territory by the Macau authorities. In most cases, the reason for the arrests seems to be the interpretation of what constitutes work under the 45-day exception and what does not.
Actually, despite the existence of a list of permitted activities, the scope of said activities is not statutorily defined. Therefore, its extent and qualification is not absolutely clear. Though this leaves margin for interpretation, the fact is that Macau authorities tend to apply a restrictive interpretation of the scope of the services. Any activities that imply a more physical or “hands-on” service are, in the authorities’ eyes, not covered by the exception set out in the law.
For activities such as guidance, supervision, and quality control – which do not usually require the “hands-on” approach – such interpretation would not pose as much of a problem, but when it comes to technical services, this restrictive interpretation impairs the purpose of the law. Essentially, and by definition, technical work is work that requires a fair amount of expertise and certain skills to be carried out, as these skills and expertise can only be acquired through practice and learning.
These activities require the intervention or direct action of individuals with a specific set of skills that cannot be delegated or easily taught to anyone else. For example, this would be the case for a painter of murals, a maintenance technician of machines or systems, or the installers of a renowned brand storefront, among many other scenarios.
So, what work is work and what work is not? Isolda Brasil

FacebookTweetPin

Share this:

  • Share on Facebook (Opens in new window) Facebook
  • Share on X (Opens in new window) X

Like this:

Like Loading…

Related

Previous Article

Wednesday, September 21, 2016 – edition no. ...

Next Article

In Zimbabwe, comedy thrives as country slowly ...

0
Shares

    Related articles More from author

    • Multipolar WorldOpinion

      The miraculous AGI

      January 22, 2026
      By Jorge Costa Oliveira
    • Opinion

      World Views | Biden has already calmed the Middle East

      January 18, 2021
      By -
    • OpinionThe Conversation

      The Conversation | Comic book introduces kids to key concepts and careers in cybersecurity

      December 16, 2021
      By -
    • Opinion

      World Views | Modi gets real on the economy

      August 28, 2019
      By -
    • Opinion

      World Views | Germany doesn’t really want an EU army

      November 20, 2018
      By -
    • Shuli-Ren,-Bloomberg
      Opinion

      Value investing is getting a MAGA bump

      June 26, 2025
      By -

    Leave a reply Cancel reply

    You must be logged in to post a comment.

    • Asia-Pacific

      Singapore | Authorities send teenage blogger Amos Yee to mental institute

    • Business

      Li Ka-shing, longstanding Asian mogul, hands reins to son

    • Daily Edition

      Monday, July 29, 2019 – edition no. 3342

    DAILY EDITION

    Friday, July 3, 2026 – edition no. 4984
    Friday, July 3, 2026 – edition no. 4984

    Greater Bay

    MDT MACAU GRAND PRIX SPECIAL

    July 2026
    M T W T F S S
     12345
    6789101112
    13141516171819
    20212223242526
    2728293031  
    « Jun    

    Timeline

    • July 3, 2026

      Pet-friendly dining grows to 90 restaurants, but hygiene debate rages on

    • July 3, 2026

      Son arrested for allegedly inciting father’s suicide attempt

    • July 3, 2026

      Spice Without Borders: When Sichuan Mala Meets Indian Masala in Hong Kong

    • July 3, 2026

      LRT passenger figures drop by almost 20% month-on-month in June

    • July 3, 2026

      Astronomer calls for global ‘space tax’ as orbital congestion risks rise

    • July 3, 2026

      ‘Pop Out Green Restroom’ selected for architecture guide on sustainable design innovation

    • July 3, 2026

      Your most valuable skill might be knowing what to ignore

    • July 3, 2026

      Community leaders back long-term healthy weight plan ahead of SSM competition

    • July 3, 2026

      Typhoon Signal No. 1 remains in force, Signal 3 upgrade possible today

    • July 3, 2026

      FAOM advocates for training and certification to develop local workforce

    Extra Times

    Extra TimesHeadlinesTaste of Edesia

    Spice Without Borders: When Sichuan Mala Meets Indian Masala in Hong Kong

    This July, two of Hong Kong’s most visually arresting dining rooms will set the stage for a culinary dialogue that has been centuries in the making. Grand Majestic Sichuan and ...
    • Summer Energy Ignites 

      By -
      July 3, 2026
    • Silk Road Art Feast: Enchanting Dunhuang Comes to Life Through Culinary Artistry

      By Irene Sam, MDT
      June 26, 2026
    • Myles Smith makes anthemic, personal pop on his debut, ‘My Mess, My Heart, My Life’ 

      By MDT/AP
      June 26, 2026
    • The Alibi Mixers Series: A Summer of Art, Music, and Craft Brews

      By -
      June 26, 2026
    • Recent

    • Popular

    • Pet-friendly dining grows to 90 restaurants, but hygiene debate rages on

      By Yuki Lei, MDT
      July 3, 2026
    • Son arrested for allegedly inciting father’s suicide attempt

      By Yuki Lei, MDT
      July 3, 2026
    • Spice Without Borders: When Sichuan Mala Meets Indian Masala in Hong Kong

      By Irene Sam, MDT
      July 3, 2026
    • LRT passenger figures drop by almost 20% month-on-month in June

      By Renato Marques, MDT
      July 3, 2026
    • Astronomer calls for global ‘space tax’ as orbital congestion risks rise

      By Nadia Shaw, MDT
      July 3, 2026
    • ‘Pop Out Green Restroom’ selected for architecture guide on sustainable design innovation

      By Renato Marques, MDT
      July 3, 2026
    • Your most valuable skill might be knowing what to ignore

      By -
      July 3, 2026
    • Canidrome may have its days numbered, decision in ‘one or two months’

      By Paulo Coutinho, MDT
      May 26, 2016
    • Animal Welfare | Macau: Anima slams Canidrome management for avoiding debate

      By -
      May 4, 2016
    • Editorial | Canidoomed

      By Paulo Coutinho, MDT
      June 1, 2016
    • Animal Welfare | Canidrome presented with ultimatum: close or move

      By Daniel Beitler, MDT
      July 22, 2016
    • Australia regulator cracks down on alleged exportation of dogs to Macau

      By Paulo Coutinho, MDT
      June 10, 2016
    • USE OF ENGLISH IN MACAU | A ‘de facto’ official language

      By Catarina Pinto
      July 6, 2015
    • Animal rights | Canidrome: Anima in fresh airline negotiations as Canidrome closure looks more likely

      By Daniel Beitler, MDT
      May 27, 2016
    • Contact our Administrator
    • Contact our Editor-in-Chief
    • Contacts
    • Our Team
    • Privacy Policy
    • Terms and Conditions
    • Editorial Statute
    • Code of Ethics
    COPYRIGHT © MACAU DAILY TIMES 2008-2026. ALL RIGHTS RESERVED
    MACAU DAILY TIMES
    • Home
    • Macau
      • Photo Shop
      • Advertorial
    • Interview
    • Greater Bay
    • Business
      • Corporate Bits
    • China
    • Asia
    • World
    • Sports
    • Opinion
      • Editorial
      • Our Desk
      • Business Views
      • China Daily
      • Multipolar World
      • The Conversation
      • World Views
    • Our Team
    • Editorial Statute
      • Code of Ethics
      • Privacy Policy
      • Terms and Conditions
    • Archive
      • PDF Editions
    • Contacts
    • Extra Times
      • Drive In
      • Book It
      • tTunes
      • Features
      • World of Bacchus
      • Taste of Edesia

    Loading Comments...

    You must be logged in to post a comment.

      %d