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Status已發表Published
Macau
Dan Wei; Ângelo Patrício Rafael
2019-10
Source PublicationCollective Bargaining in Labour Law Regimes
Author of SourceUlla Liukkunen
Publication PlaceGewerbestrasse 11, 6330 Cham, Switzerland
PublisherSpringer Nature
Pages399-415
Abstract

The right to collective bargaining cannot be found in any law in Macau and the Region also lacks a trade union law, which is the instrument normally used to regulate, inter alia, collective bargaining. Several bills on a trade union law were voted down at the Legislative Assembly. In face of the lack of internal regulation on collective bargaining in special and trade unions in general, where there are signif- icant conflicts between an employer and its employees the praxis is the use of a praeter legem tripartite consultation process, involving the employer, a workers’ association (or a workers’ representative group) and the government. However, while this tripartite mechanism is often employed to solve disputes, collective agreements are a rare feature. Despite lack of regulation, collective agreements are not illegal and can be concluded under the general framework of contracts, as far as they do not contravene mandatory rules set forth in the Labour Relations Law, unless they provide for better conditions for employees. If a collective agreement violate mandatory rules establishing minimum standards of employment conditions the infringing clauses are considered non-existent and are replaced by the legally established standards. On the other hand, praeter legem collective agreements do not have erga omnes effect, thus binding only those who signed it, personally or through a representative.

DOI10.1007/978-3-030-16977-0_15
Language英語English
ISBN978-3-030-16976-3
Indexed ByBKCI-SSH
WOS IDWOS:000590521100015
WOS SubjectIndustrial Relations & Labor ; Law
WOS Research AreaBusiness & Economics ; Government & Law
Fulltext Access
Citation statistics
Document TypeBook chapter
CollectionFaculty of Law
DEPARTMENT OF MACAO LEGAL STUDIES
Corresponding AuthorDan Wei
AffiliationFaculty of Law of the University of Macau, Macau, China
First Author AffilicationFaculty of Law
Recommended Citation
GB/T 7714
Dan Wei,Ângelo Patrício Rafael. Macau[M]. Collective Bargaining in Labour Law Regimes, Gewerbestrasse 11, 6330 Cham, Switzerland:Springer Nature, 2019, 399-415.
APA Dan Wei., & Ângelo Patrício Rafael (2019). Macau. Collective Bargaining in Labour Law Regimes, 399-415.
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