Source from: Macau Daily Times

http://www.macaudailytimes.com.mo/macau/26391-Unions-independence-undermined-report.html

18/06/2011 10:14:00

The ITUC wrote in its latest report that collective bargaining in Macau ‘is weak, and the power of pro-establishment, pro-Beijing unions remains strong despite new and independent trade unions’

The International Trade Union Confederation (ITUC) has kept a close eye on tackling precarious work and is calling for support for sustainable solutions including social protection for workers worldwide.
The 2010 worldwide survey on repression of union rights and economic freedoms across the globe, conducted across 143 countries and regions, paints a picture of people fighting for greater economic rights and freedom to organise, “with many governments and businesses responding with repression, sackings and violence,” writes the ITUC in the report released last week, which also takes a look into Macau’s situation.
While there were some improvements, the international organisation points out that more needs to be done to put Macau in line with international guidelines.
“Strikes are rare [in Macau] and difficult to organise successfully, and there is little practical protection against the blacklisting and sacking of strikers.
“Collective bargaining is weak, and the power of pro-establishment, pro-Beijing unions remains strong despite new and independent trade unions,” the ITUC stresses.
While economic growth slumped sharply in the wake of the global financial crisis, the casino construction boom has restarted again. Thus, the ITUC writes, “Unrest over the importation of migrant workers at low wages has increased along with worker protests.”
According to the report, “problematic areas remain in the legal framework for trade unions despite the adoption of a new labour relations law in 2009”.
“The new labour relations law fails to provide adequate protection for part-time workers and migrant workers whilst providing excessive flexibility to employers,” it adds.
In a recent interview with Macau Daily Times, director of the Labour Affairs Bureau, Shuen Ka Hung, had said the right to strike and form trade unions “is safeguarded by the Basic Law,” even though there are no specific laws.
“Some lawmakers already proposed a trade union law at the local legislature, but it didn’t get the green light. It is not the optimal time to enact these laws,” he said.
Another concern for the ITUC is China’s influence over local union activity.

 “It is widely believed that the central government of the People’s Republic of China has a strong influence over local trade union activities, including the direct selection of the leadership of the largest private sector union, the Federation of Trade Unions,” the report highlights.
“Nearly all of the six main private sector unions belong to this pro-Beijing federation.
“This has undermined the independence of trade unions, since support for central government policies, such as the minimisation of workplace disruption, overrides the protection of the rights and interests of trade union members,” the report adds.
Macau’s Federation of Trade Unions chose not to comment on the report. “Our Federation has replied formally through the official channel before [the release of the report]. We have no other comments,” they said in a statement sent to MDTimes.
Though civil society “is weak”, the report adds, “there has been a growth of smaller and more vocal trade unions, alongside a growth in civil society associations.”
Migrant workers though are still the most vulnerable group, writhes the ITUC, since they “are denied basic forms of protection and have no right to collective bargaining”.
In 2010, they add, “migrant workers complained over a new and potentially discriminatory law for migrants while concern remains over trafficking.”
“Most generally earn less than half the wage of local workers employed at the same job, and contracts are between labour recruitment agents and the employer, rather than directly between the employee and the employer.
“There is also little supervision of recruitments agencies and their fees,” concludes the report.
The director of Macau’s Labour Affairs Bureau had said “discrimination is strictly prohibited in any terms”. “In our law, there are different ways to check and prohibit any discrimination,” he told MDTimes, adding that the bureau “provides assistance and legal advice to workers,” residents and migrants.   T.A.