A loophole in Macau’s labor law has given the “disreputable” Macau Asia Satellite Television Company (MASTV) free rein to continue to not paying long-overdue stipends to their staff, lawmaker Ella Lei said last Friday during a press conference.
An employee surnamed Chan, almost 60 years of age, was one of over 100 affected employees at MASTV, and a victim of the broadcaster’s shady dealing since 2019.
Chan had been a photojournalist at MASTV for over 11 years. He had sporadically experienced delayed wages for months — but had not suffered anything like the nine month period without income until recently.
“Receiving no income for nine months has dealt a huge blow to my finances. And it’s very difficult for me, [at] almost 60 years old, to find a job during this pandemic in Macau. The situation is a complete deadlock,” he said.
On June 18, alongside lawmaker Lei, Chan and a number of other affected staff from MASTV convened a press conference to raise public awareness about the predicament they have been facing over the past two years.
During an exclusive exchange with Times, Lei stressed that the current regulations in the Labour Relations Law contain some holes — including one in which a firm will not be fined even if it is uncooperative and defers stipend payment deliberately before the case goes to the court.
MASTV has been cashing in on this legal loophole to get away with being in arrears of wage payments.
In contrast with Macau, China and Hong Kong have enacted more rigorous legislation to deter ill-intentioned employers from not paying employee salaries on time for a prolonged period.
“In Hong Kong, there were some cases that the employers, who maliciously deferred stipend payment, were put behind bars. But has it ever happened in Macau? No!” Lei told the Times.
Macau allows these malevolent employers to dodge their liabilities for years, she said. The lawmaker calls on the government to review current regulations and suggests that it tightens the law by setting a shorter statutory period. She proposed a model in which employers are given 15 days to dispense the wages to staff or they would risk being fined.
When asked if the city’s labor laws favor employers over employees, Lei said the current legal framework is not intended to disfavor workers. This is demonstrated by the enshrinement of benefits mandated for employees, such as leave and compensation for dismissal.
Nonetheless, she admitted that more has to be done to safeguard the employment rights of the city’s workers.
Chan disclosed the daily operation of MASTV is predominantly sustained by its branches in Zhuhai and Hong Kong. There are just one or two employees in Macau still working for the media outlet.
He, along with many other colleagues, tolerated their previous unpleasant experiences as they formed a strong emotional attachment to their journalistic roles which they had been serving for many years.
However, they had no choice but to demand their labor rights as they have not been paid for three quarters.
In April this year, Chief Executive (CE) Ho Iat Seng addressed the media on the sidelines of an event and urged MASTV to pay the overdue salary to their staff.
When asked as to whether the government would retract the Satellite TV Broadcasting Service License from MASTV, Ho said that government cannot suspend its operation as there are still employees serving the company and its license has not yet expired.
At present, it seems that MASTV remains unwilling to dispense the owed salary to the staff even following CE’s appeal.
In January 2016, the city’s first credit guarantee fund came into force, designed to pay an advance payment of a maximum of six months of overdue salary to affected staff through litigation. However, it necessitates the claimants go endure red tape and a lengthy litigation of at least 18 months before they can get back their salary.
MASTV’s broadcasting license was renewed in 2019, with its validity period lasting for another 15 years until 2034.
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