Unreasonably locking out yellow code bearers is illegal: SSM
Pursuant to the Labor Relations Law, a failure to schedule employees for work is illegal unless reasonably justified, pulmonologist Alvis Lo, director of the Health Bureau (SSM), has said in response to a lawmaker’s inquiry.
He stressed in his reply that the bureau has consulted with the Labor Affairs Bureau (DSAL) prior to making the statement.
Lawmaker Leong Sun Iok questioned the government’s actions in safeguarding the rights of people who have had their Macao Health Code turned yellow to work and earn income. Several officials, including public health doctor Leong Iek Hou, division head at the Center for Disease Control and Prevention, have advised the government that people with a yellow health code are completely fit for work.
Leong even suggested they could commute on foot, as yellow code bearers are technically banned on public transport — without addressing the fact that some people live on the Macau Peninsula and work on Cotai, or vice versa.
Worse still, according to the lawmaker, some yellow code bearers have been instructed by their employers not to attend work due for safety reasons. This non-working period is unpaid, causing complications, Leong pointed out.
In response, the SSM director noted that Clause 2, Article 10 of the Labor Relations Law forbids employers to “unreasonably obstruct workers to provide actual work.”
It is a hint that employers may be violating the law by unreasonably disallowing workers with yellow health codes from working.
If employers do want to make special arrangements, they should negotiate these with their employees in advance, the SSM director noted in the reply.
He cited a message from the DSAL calling for employers and employees to have understanding for one another’s situation and negotiate on any unexpected matters.
In addition, Lo defended the decision to allow yellow health code bearers to go to work by saying that the footprint-recording function of the Macao Health Code app will help lower risks.
