1. Only Macau residents
can hire labor directly with their employers, whether it is work paid by means
of a pre-established salary or work paid by piecework or by design.
2. Within the limits
and under the conditions set by applicable laws, the hiring mentioned in the
previous paragraph is free.
3. However, Macau
enterprises may conclude contracts of rendering of services covering the
provision of work by non-residents with third party entities, provided that a
favorable authorization has been obtained from the Governor.
4. The authorization mentioned in the
previous paragraph shall be issued upon request of the interested entity; it
shall be preceded by the opinions of the Labor Affairs Bureau and the Economic
Services Bureau.
5. The opinion of the
Labor Affairs Bureau shall mainly consider the following:
a) The
possible availability of resident manpower for the work needs to be satisfied;
b) The
current level of salaries of resident workers;
c) The
proportion between resident and non-resident workers deemed to be acceptable;
d) The
regularity of the performance of legal obligations towards resident workers.
6. The opinion of the
Economic Services Bureau shall mainly consider the following:
a) The
manpower needs in relation to the production volume expected;
b) The
expected sales of the anticipated production volume;
c) The
relation of compatibility deemed adequate between the increase use of manpower
and the technological improvements which may render the manpower totally or
partially unnecessary;
d) The
relative importance of the productive unit within the sector and the relative
priority of the sector under the established economic policy guidelines.
7. Entities supplying
non-resident manpower must have a specific authorization, which shall be
granted by dispatch of the Governor, upon request of the interested party; it
shall be preceded by the opinions of competent services of the Labour Affairs
Bureau, of the Economic Services Bureau, and of the Public Security Police
Force.
8. The opinion
mentioned in the previous paragraph shall consider mainly the following:
a) In general
terms, the suitability of the applicant to exercise the proposed functions;
b) The
applicant’s capacity to perform the obligations undertaken, namely regarding
the supply of appropriate housing to non-resident workers and to arrange their
immediate repatriation whenever they become unnecessary, or whenever their stay
becomes undesirable for any reason;
9. The procedure for
hiring non-resident workers shall follow the following steps:
a) The
application of the interested party shall be handed in the Office of the
Secretary for Economy and Finance, who shall decide; the Secretary shall hear
the opinions of the Labor Affairs Bureau, and of the Economic Services Bureau,
or shall request clarifications as deemed necessary;
b) The Labor
Affairs Bureau and the Economic Services Bureau shall provide an opinion on the
request within 10 working days;
c) After
obtaining the opinions mentioned in the previous paragraph, a dispatch deciding
upon the requested admission shall be issued; if the response is positive, it
shall order the applicant to hand in a contract of rendering of services with
an entity authorized as a supplier of non-resident workers, as mentioned in
paragraph 7;
d) The
contract shall be sent to the Labor Affairs Bureau, which shall verify and
provide information on whether the minimum requirements necessary for the
purpose are met, namely the following:
d.1. a
direct or indirect guarantee of proper housing for the workers;
d.2. payment of
the salary that agreed with the employing enterprise;
d.3. health and
maternity assistance;
d.4.
assistance in case of occupational injuries or diseases;
d.5. repatriation
of employees considered undesirable. (The obligations mentioned in d.3
and d.4 shall be compulsorily guaranteed by means of insurance);
e) Once the
information mentioned in the previous paragraph has been provided, a dispatch
shall be issued deciding on the approval of the terms and conditions of hiring
of the non-resident workers; the file shall be sent to the Commander of the
Public Security Police Force;
f) The
Commander of the Public Security Police Force shall issue a dispatch ordering
the presentation of a nominative list of the workers to be recruited, and shall
subsequently decide on their entry and stay in the Territory;
10. The Office of the
Secretary for Economy and Finance shall keep an appropriate record of the
authorizations granted for non-resident work, which can be cancelled, totally
or partially, without the need for prior notice.
11. The Commander of
the Public Security Police Force may order individuals or certain individuals
who have been allowed to enter the Territory as non-resident workers to leave
the Territory.
12. The orders
mentioned in the previous points shall cause:
a) In the
case of paragraph 10, the removal of the workers who became redundant from the
productive unit where they render service, without prejudice to their possible
re-employment in another productive unit holding the necessary authorization
for such purpose;
b) In the
case of paragraph 11, the immediate repatriation of the non-resident worker
whose stay in the Territory is deemed undesirable; the cost shall be paid by
the entity entitled to recruitment and which has custody of the worker.
13. An identification
document shall be issued to non-resident workers, in accordance with a model
approved by dispatch of the Governor and published in the Official Bulletin,
and which shall be issued through the Command of the Public Security Police
Force.
14. The mentioned
identification document shall be compulsorily presented whenever requested by
any official entity, namely agents of the Security Forces and inspectors of the
Labor Affairs Bureau and the Economic Services Bureau.
15. The mentioned
document shall state compulsorily the following:
a) the
holder’s personal identification details, with a recent picture;
b) the
capacity of non-resident worker;
c) the entity
having their custody, and the entity for which they are authorized to render
service.
16. The Finance
Services Bureau shall issue rules and instructions necessary to clarify tax
issues arising from this dispatch.
17. The competences
mentioned in paragraph 7, sub-paragraphs c)
and e) of paragraph 9, and
paragraph10, may be exercised by the Secretary for Economy and Finance.