With Macau’s industrial development and modernisation, the labour market is gaining vitality, but public attention has increasingly focused on illegal work. The current rules — the Regulation on the Prohibition of Illegal Work, now more than 20 years old, and the Law on the Employment of Non-Resident Workers, in force for 16 years — are outdated in light of socio-economic changes. This harms local workers and businesses, and affects the economy. A timely review is therefore expected.
In 2025, the Labour Affairs Bureau punished 668 cases involving employers and non-resident workers for working outside authorised locations, performing unauthorised duties, illegal work and self-employment. Fines exceeded MOP 6 million, averaging around MOP 9,000 per case. This amount is far lower than the salary savings obtained by hiring illegal workers. It reduces opportunities for local residents, undermines the competitiveness of law-abiding companies and creates a vicious cycle in which “bad money drives out good”.
Taking Hong Kong as a reference, the revision of the Immigration Ordinance in 2021 increased penalties for illegal employment, with fines of up to HKD 500,000 and 10 years’ imprisonment. Hong Kong has also introduced an electronic system — the Construction Workers Registration Card — in the construction industry and other high-risk sectors to enable rapid verification. This strategy of “heavy penalties and technology” has raised the cost of violations and offers an example to follow.
Faced with illegal work that is increasingly hidden and mobile, the authorities could adopt technology for rapid verification and create an intelligent reporting platform to strengthen enforcement. To protect local employment and fair competition, it is suggested that Macau plan a review of the law and increase penalties for those who employ illegal workers or non-resident workers in unauthorised roles.
In addition, the online legal consultation system on “exceptional situations” under the Regulation states that the Public Security Police Force will be notified for inspection. Since this is only a “consultation” mechanism and the limits remain vague, society has pointed to a lack of clarity regarding exceptions. Foreign academics have also expressed concern about possible penalties when taking part in thesis defences. The Regulation therefore requires a comprehensive review.