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Change the law to combat illegal work

Lei Cheng I, The Macau Federation of Trade Unions

Illegal work harms the labor rights of local residents. Recently, the Labour Affairs Bureau conducted independent inspections and promoted a press conference to release relevant data, also presenting actions against illegal work in sectors such as drivers, renovation works, MICE (Meetings, Incentives, Conferences, Exhibitions), concerts, photography, among others, which demonstrates the importance given to supervision.

In the future, authorities should regularly disclose more law enforcement information, more effectively reinforcing the determination to protect the labor rights of residents.

According to authorities, last year there were 668 occurrences of administrative penalties for illegal work, mainly concentrated in wholesale and retail trade.

However, since this sector covers many functions, it is recommended that in the future, a more detailed analysis and disclosure of violations (clandestine work, performing different duties, operating outside the permitted scope, and working independently) be conducted, including their distribution and characteristics by sector, and strengthening inspections in sectors with higher incidence.

It should also be intensified, through online platforms and other means, the dissemination of messages to discourage the hiring or performance of clandestine work and to clarify the respective consequences.

Moreover, the construction industry has been one of the sectors most affected by clandestine labor, and building managers/doormen have difficulty distinguishing whether workers on renovation sites have legal work authorization.

It is expected that the Government will strengthen cooperation with the property management sector, continuously promoting among citizens and neighborhoods guidelines on how to provide more accurate and complete information, and intensifying inspections at critical points of higher incidence in order to help detect illegal work associated with renovation projects.

In addition to reinforcing regular and spot inspections at traditionally problematic locations, in light of the increase in cases in sectors that have grown in recent years—such as MICE (Meetings, Incentives, Conferences, Exhibitions), concerts, photography, makeup, and tour guides—it is expected that authorities will continue to monitor information available on the internet.

They should also adopt proactive oversight and enforcement, in line with this year’s Government Action Plan, specifically “to monitor information on online platforms and conduct preventive inspections targeting sectors and activities with a high incidence of violations.”

Moreover, it is essential to accelerate, at the legislative level, the study and promotion of legal changes to increase the deterrent effect of sanctions, by improving the legal framework for combating illegal work, particularly through the enhancement of penalties.

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