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Improving labour protection in new forms of employment

Lei Cheng I, Macau Federation of Trade Unions

Many residents are currently working in new forms of employment associated with the gig economy. There is growing public demand for stronger protection of these workers’ rights. The authorities are expected to establish a more robust safeguard mechanism by promoting written contracts, setting maximum payment deadlines and improving dispute resolution procedures, thereby protecting these professionals’ basic rights.

China’s national 15th Five-Year Plan and the Basic Requirements for the Management of Delivery Platform Services, issued last year by the State Administration for Market Regulation, propose improving working conditions for delivery couriers and workers engaged in these new employment models.

The requirements state that platforms should establish fair labour rules and engage workers in accordance with the law. They also recommend reasonable limits on delivery times, route planning that takes account of traffic, weather conditions and stairways, and the optimisation of order allocation.

Macau is expected to draw on this experience by improving protection against workplace accidents, establishing rules for service provision during adverse weather, refining order allocation criteria and strengthening complaint channels. The authorities should also consider creating more short-term motorcycle parking spaces in strategic locations to improve working conditions for local couriers.

Several self-employed workers have complained about payment delays and a lack of clarity regarding the scope of work, remuneration calculations, acceptance criteria and responsibilities, leaving them at a disadvantage in the event of a dispute. The Government is expected to examine the development of this sector in light of Macau’s circumstances and translate its research into concrete policies and institutional safeguards.

These should include promoting the use of standardised contracts setting out the scope of work, remuneration, delivery criteria, payment deadlines and dispute resolution procedures, thereby increasing transparency between the parties and providing a basis for future legislative improvements.

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