SAR Government Strictly Regulates Job Change of Non-resident Workers and Executes “Employment Ban”
Legal Affairs Bureau / Public Security Police Force / Labour Affairs Bureau
2022-05-16 16:49
  • SAR government strictly regulates job change of non-resident workers and executes “employment ban”(1/3)

  • SAR government strictly regulates job change of non-resident workers and executes “employment ban”(2/3)

  • SAR government strictly regulates job change of non-resident workers and executes “employment ban”(3/3)

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The SAR Government regulates the job change of non-resident workers in accordance with the law.  According to the current “Law on the Employment of Non-resident Workers”, non-resident workers can only work for the employer and do the work of the position specified on the Non-resident Worker’s Identification Card (so-called “blue card”). The above law includes an “employment ban” on the non-resident workers as well, regulating their unethical behaviour for the purpose of changing jobs at will.

If a non-resident worker resigns at his or her own initiative without negotiating with the employer or is terminated by the employer with just cause (e.g. intentional fault, absenteeism, repeated indifference to work) before the expiry of the labour contract, the Authorization to Stay as Worker granted to the non-resident worker will be revoked or invalidated.  Besides, the so-called “big employment ban” will restrict the job change of the non-resident worker, meaning that he or she will not be granted new Authorization to Stay within six months. In other words, the non-resident worker cannot work in Macao within six months.

However, if the Authorization to Stay as Worker is terminated before the expiry of the labour contract owing to the following four reasons:  the employment authorization granted to the employer is revoked, the employer and the employee agree to terminate the employment relation, the employer terminates the labour contract unilaterally or without just cause, the employee terminates the labour contract with just cause, the so-called “small employment ban” will restrict the job change of the non-resident worker. This means that he or she will be granted new Authorization to Stay as Worker only when his or her new job within six months is the same as the occupation approved in the latest employment authorization.

Lastly, it is worth noting that except for renewals, non-resident workers who intend to come to Macao to be a non-skilled worker or domestic helper are required to obtain an Entry Permit for Work Purpose. In addition, they have to come from a place outside Macao in order to be granted Authorization to Stay as Worker. Non-resident workers-to-be are required to observe the anti-epidemic measures of the SAR Government upon entry to Macao.

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