Migrant Workers' Rights

Exploitation of Domestic Workers

Exclusion from the Minimum Wage

Domestic workers are expressly excluded from the minimum wage under Article 2(1) of Law no. 5/2020 (Minimum Wage for Workers). The Deputy Director of the DSAL justified this exclusion on the grounds that domestic workers “do not help families to make profits”.

Excessive Agency Fees

Despite the enactment of Law no. 16/2020 (Employment Agency Activities), which caps agency fees at 50% of the first month’s salary, domestic workers report being charged approximately two months’ wages by agencies. Agencies decline to process applications from workers who do not pay fees in advance. Workers have reported that some colleagues have had to borrow money to cover the fees before securing employment. The change in practice — from deducting fees from wages to requiring upfront payment — has made migrant workers more vulnerable.

Restriction on Unskilled Migrant Workers

A 2020 amendment to Law no. 21/2009 (Law on Hiring Non-resident Workers) introduced a requirement that unskilled migrant workers may only be granted a work permit if they enter Macau on a work visa. This prevents unskilled workers from visiting prospective employers on a tourist visa to seek employment — a practice that remains available to skilled workers. The requirement is both impractical and discriminatory.

MRG Recommendations

MRG recommends that the relevant UN treaty bodies urge Macau, China to:

• Include domestic workers in the scope of the minimum wage;
• Proactively reach out to migrant worker communities to encourage them to report exploitative practices;
• Raise awareness amongst employers regarding lawful and unlawful employment practices; and
• Allow unskilled migrant workers to seek employment in Macau as visitors.

UN Treaty Body Conclusions