When residents apply for jobs with the gaming concessionaires, they are required to sign a consent form for background checks. However, in the absence of fairness, transparency, and guarantees of compliance with the principle of good faith enshrined in the Labour Relations Law, some concessionaires use these checks to prevent dismissed workers from returning to the sector, seriously harming their labour rights.
Over the years, we have received numerous requests for assistance, indicating that once dismissed by a concessionaire, it is difficult to return to work at any of the six major gaming operators, even in cases where the Labour Affairs Bureau determined that the dismissal was unjustified. Some have also reported that supervisors advised them to resign voluntarily, warning that if they were dismissed by the company, it would be difficult to return to the sector. These situations demonstrate the harm caused to workers by unregulated practices.
Decree-Law no. 101/84/M stipulated that “whenever an employment relationship is terminated”, the certificate issued by the employer “may not contain any indication that is unfavourable to the worker or that the worker considers as such”. Although this Decree-Law was repealed by the current Labour Relations Law (Law no. 7/2008), it is important to note that Article 4 of the current law clearly states that “this law shall not be interpreted as implying a reduction or elimination of working conditions more favourable to workers, existing at the time of its entry into force”.
Although concessionaires do not include unfavourable statements in the work certificates of employees who leave, they nevertheless convey negative information through background checks. The content and accuracy of this information cannot be verified by the individuals concerned and escape the supervision of the labour authorities. Therefore, these covert practices are even more harmful than the inclusion of unfavourable information in work certificates and clearly violate the principle of good faith enshrined in labour law.
In addition to the gaming operators, many other companies in Macau also require candidates to sign consent forms for background checks. Due to the lack of transparency and supervision by the labour authorities during the verification process, this practice is unfair to candidates and may also violate the principle of good faith provided for in the Labour Relations Law. We urge the authorities to regulate background check practices and, through the issuance of guidelines and legislative amendments, to expressly stipulate that employers may not, under any circumstances, transmit, declare or carry out any acts that are or may be considered unfavourable by workers.
Macau Federation of Trade Unions
