28 April, 2016
In a recent case involving labor credits, Macau’s Judicial Base Court has ruled in favor of a Hong Kong worker against his employer, a Hong Kong Company.
The worker, whose employment contract was ruled by Hong Kong law, came on a regular basis to Macau to render services to his employer’s clients.
As payment for such services, the worker was paid an allowance for each day of work in Macau on top of his normal salary. However, once the work relationship ended, the Hong Kong worker claimed compensation for work in public holidays and rest days in accordance with Macau Labor Relations Law before the Macau Labor Affairs Bureau, who sided with the worker.
Once the case got to court, the Macau’s Judicial Base Court considered that Hong Kong law did not apply in these
circumstances since the work relationship was mainly developed in Macau and, as such, Macau’s legal system had closer connections with the case. Accordingly, the court ruled in favor of the worker awarding him the amount claimed as compensation for work in public holidays and rest days.
This decision, though not bound by the precedent rule as in common law systems, might trigger claims by unsatisfied non-resident workers who develop work in Macau to foreign companies.
By Isolda Brasil, MdME
For further information, please contact:
Lilian Chiang, Senior Partner, Deacons
lilian.chiang@deacons.com.hk
