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The Government of the Macao Special Administrative Region (Macao SARG) has put in place a set of regulations to regulate the importation of labour since 1988. The current labour importation policy of Macao SARG operates on the principles that local workers are accorded priority in filling available job vacancies and that importation of labour will not jeopardize the interests of resident workers. Employers are allowed to import workers to supplement the local workforce only when no suitable local workers are available or the local supply is not sufficient. Applications for importation of labour have to be filed by Macao-registered companies to the Human Resources Office. Apart from the necessary forms and documents, applicant employers are also required to submit the employment contracts entered into with the prospective non-resident professional workers. If non-professional workers are to be imported, the applicant employers have to submit, after the application for importation of labour is approved, the labour service contract signed with their employment agency. They are also required to enter into employment contract with each of the prospective workers with the terms of employment no less favourable than the terms provided in the labour service contract between the applicant employers and their employment agency as approved by the Human Resources Office, in order to protect the rights and benefits of these non-resident workers.
Generally speaking, non-resident workers should have obtained from Macao authority a permission to work before they commence working in Macao. The Human Resources Office is responsible for processing applications for permission to work for non-resident workers while matters relating to the entry and stay of non-resident workers fall within the ambit of the Public Security Police Force. Employers who have obtained approval to import non-professional workers should submit through licensed employment agency a worker list to the Comissariado de T.N.R. of the Servico de Migracao (The Foreign Workers' Division of the Immigration Department of Macao SARG) for vetting and issue of identity card to the workers. If professional employees are to be imported, the application for the issue of identity card can be submitted by the non-resident workers themselves or their employers. Information on the procedures for obtaining a foreign worker's identity card is available at the website of the Macao SARG at http://www.fsm.gov.mo/psp/sm/default.htm (Chinese only). If the worker list is approved, the workers on the list will be granted a short-term stay during which they could work in Macao while waiting for issue of the identity card. On the expiry date of the short-term stay, the non-resident workers are required to visit the Comissariado de T.N.R. in person to provide, among others, their fingerprints. The whole process from submission of the worker list to the issue of identity card takes about two months.
People intending to work in Macao should have, before commencing employment, obtained the permission to work. They are advised to require their prospective employers to produce the work permit granted by Macao authority in order to ascertain if they can work legally in Macao. In case of doubt, employees may approach the Human Resources Office (Address: 24 Avenida Horta e Costa, G/F, Macao) or the Comissariado de T.N.R. (Address: Travessa De Amizade Servico de Migracao, G/F, Macao) for assistance in verifying the employment status in order to comply with the rules and regulations of Macao. According to the law of Macao, foreign workers found working in Macao illegally would be fined MOP$5,000 to MOP$20,000 and forbidden to work in Macao for two years.
Local employees of Hong Kong companies who are deployed to station in Macao are also required to enter into employment contract with the relevant Macao companies which should apply to the Human Resources Office for the necessary approval to employ these employees. Deployment involving the provision of instructive services of an occasional nature or cultural exchange activities, however, falls within exceptions provided under Article 4 of the Administration Regulation No. 17/2004 of Macao SARG. People intending to work in Macao should take note of the relevant regulations.
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