Two groups seek extended visas for migrant workers in Macau

At least two groups in Macau have sought extended visas for migrant workers whose employers have filed complaints against them, so that the workers can legally stay there to appeal their case. Extending their visas would allow them more time to appeal their cases while serving a six-month work ban imposed on reportedly errant migrant workers, Migrante-Macau and PEMACU (Alliance of Indonesian Migrant Workers in Macau) said. Both groups also expressed concern over reports that about 380 non-resident workers have been “arbitrarily" banned from working in the Chinese special administrative region. The ban, which prohibits workers from being employed for six months, stems from Macau’s new policy imposed by the Immigration Department (ID) on migrant workers who face complaints from their employers, such as unexplained absences, among others. Workers facing complaints from their employers can be given a six-month ban by the ID, the groups said. They said that migrant workers can appeal to the Labor Affairs Bureau (LAB), which will determine if the workers terminated their contracts with their employers with just cause, or if they were fired without just cause. If the LAB’s findings are in favor of the worker, a statement of proof will be issued to the workers and the ID will then release them from the ban. “The problem with this is that the ID will first ban the workers before they can assert their right to appeal to the LAB. Other than that, the burden of proof in any appeal will come from the migrant workers," the groups said in a joint statement. They added, quoting LAB director Shuen Ka Hung, that the appeal can take over a year for complicated cases. While banned migrant workers may write to the ID asking for visa extension, the groups said the bureau director admitted such requests are “not preferred" and migrant workers with revoked working permits are usually given only a 10-day visa. “We already know of a number of non-resident workers who have been banned for six months. There was no due process in the handling of the cases for the workers," they said. Fired for not working on legal holiday They cited the case of Indonesian domestic worker Siti Aminah, who requested her employer to grant her a day off from work on May 1, a statutory holiday. “When Siti did not report on the said date, her employer took her blue card and fired her the following day. On May 3, she was surprised to learn from the ID that she was banned from working in Macau for six months while being granted a 10-day visa," the groups’ statement read. After insisting on her right to appeal before the LAB, she was told that the decision would take 15 days and by then Siti already had to go back to Indonesia. The groups likewise disclosed that a Filipina domestic worker, who refused to be identified as her status in Macau is now irregular, was also terminated by her employer. She was told that she was not hard-working enough. Under Article 44 of the Labor Law of Macau, employers can terminate their employees with just cause if the quality of service is not good enough, among others. Visa extension of 15 days to 3 months “From the two cases, anybody now, including those who complain against their employers for not complying with the new law on migrant workers and for simply being accused by their employers of rendering poor service, would be banned in Macau if they are fired from their work," the groups argued. These may even include those who are forced to escape from their employers because of physical and sexual abuse, and who may not be able report to authorities immediately, they added. The groups are asking that migrant workers who appeal their ban be given visas to last from 15 days to three months, until a decision is made on their appeal. “(We) vow to challenge the new law in Macau and in the international arena through legal and extra-legal means. There is no other recourse as migrant workers would always be at the mercy of their employers, which is totally unacceptable," Migrante-Macau and PEMACU said. —RJAB Jr./JV, GMANews.TV