Macau Workers Union Law

Macau Workers Union Law

Brief introduction

On 31 March 2025, Law No. 6/2024 “Workers Union Law” will come into full force in the Macao SAR, while some transitional provisions will come into force on 1 January 2025.

The law establishes a legal framework applicable to the formation, functioning and activities of workers unions. In addition, the rights and obligations of Workers Union are regulated.

In this newsletter, we will introduce you to this new law that has recently been enacted in Macau.

I. Basic principles of Workers Union, Membership of Workers Union, Composition of Workers Union

The purpose of Workers Union is to protect and promote the labor rights and interests of employees, and before understanding the other detailed provisions of the Workers Union Law, it is necessary to understand the most basic principles, namely the principle of free association, the principle of equality and the principle of legality.

First, the principle of free association grants employees the right to freely organize, join or leave Workers Union. Employees who meet the membership of workers unions, i.e. those who are at least 16 years of age and are employed in an employer entity whose domicile or place is in the Macau S.A.R., may freely associate as Workers Unions. The union shall be composed of at least 7 persons aged 18 or above, who are residents of the Macau S.A.R and have the status of employees employed by an employer entity of the Macau S.A.R., besides, the proposed name, purpose and draft constitution of the trade union shall be in accordance with the stipulations of Workers Union Law. After the above conditions are met, the establishment documents and articles of association of the Workers Union must be published in the Official Gazette of the Macau S.A.R. before it can be officially registered as a Union of Workers by the Labour Affairs Bureau.

Secondly, the principle of equality is embodied in the fact that no employee or job seeker may be favoured, impaired, deprived of any rights or exempted from any obligation by reason of his organization, membership or withdrawal from a Union of Workers, or participation or non-participation in Workers Union activities.

Finally, in terms of the principle of legality, the law requires Workers Unions to exercise their rights in accordance with the law and not to engage in illegal activities that are contrary to their purpose. This ensures the regularity and compliance of Workers Union activities, which is conducive to the maintenance of public order.

II. Rights and obligations of Workers Union and related safeguards

In addition to the three major principles of Workers Union Law mentioned above, the Workers Union Law also clearly stipulates the rights, obligations and related safeguards of Workers Unions.

In terms of the rights, it should be noted that Workers Unions can only exercise functions and powers such as handling and negotiating personal labour disputes or disputes on behalf of their members, representing members to employers on matters such as working conditions and occupational safety and health, expressing opinions on legislative matters in the field of labour, and organizing vocational training only with the consent of their members.

However, in the performance of their obligations, Workers Unions are required to notify the Labour Affairs Bureau when they participate in or co-organize activities, and ensure that the activities do not endanger public order or affect emergency public services. In addition, the union is required to report the relevant documents to the Labour Affairs Bureau in April every year. If a union violates its obligations, it may constitute an administrative offense.

On the other hand, in order to effectively protect the right of employees to form or join Workers Unions, the Workers Union Law provides for a series of safeguards in line with the principles of freedom of association and equality. For example, it is forbidden for anyone to hinder or restrict others from organizing, joining or leaving a Worker Union, and it is also forbidden for an employer to treat an employee unfavorably as a result.

In addition, in accordance with the statutory provisions, the absence of a person in a trade union body due to the leadership of a trade union may be regarded as a reasonable absence, provided that it does not exceed the statutory maximum number of times, i.e. a maximum of 6 working days per calendar year and not more than 1 working day per month, and must be notified to the employer at least 3 days in advance, or as soon as possible in the event of unforeseen circumstances.

In conclusion, the Macao Workers Union Law establishes a clear legal basis for the development of Workers Unions and protects the rights of employees to participate in Workers Unions activities.

III. Right to strike of Workers Union

At the end of this Newsletter, it is worth mentioning about another aspect that has attracted much attention – the right to strike. Although the Workers Unions Law does not have especific regulation regarding this right, according to the interpretation of the Legislative Council’s opinion, the current law clearly guarantees the exercise of employees’ right to strike.

Specifically, the Basic Law affirms the right of Macao SAR residents to strike, and the Labour Relations Law prohibits employers from hindering employees in any way from exercising their rights, or thereby harming them.

Thus, the existing law already guarantees the right of employees to strike. For this reason, it can be concluded that although the Act does not regulate the rights of Workers Unions to engage in any strike, it does not prevent workers unions from communicating in good faith with employers on labour disputes involving individual employees.