澳门劳资纠纷处理制度的结构、功能及启示

The Structure, Function and Enlightenment of Macao's Labor Dispute Resolution System

澳门劳资纠纷处理制度在结构上分为三部分,劳工事务局、检察院、法院依据法律对劳资纠纷有不同的处理权限,劳工事务局通过劳动监察处理绝大多数的劳资纠纷,依凭行政处罚以及提起刑事诉讼的强威慑,涉嫌劳动违法的企业在此阶段多会选择与劳工达成和解。检察院对劳动监察"下漏"的纠纷继续进行调解。及至法院,纠纷数量已极大减少,且主要集中于法律问题。此种以劳动监察为主体,法院为最终解决方式,注重调解的劳资纠纷处理结构,有助于帮助劳工高效维权,提升劳工对于政府的信赖,降低司法压力,对于内地当前正在进行的劳资纠纷处理制改革具有借鉴意义。

The labor dispute regulation system of Macao comprises three parts： the Labor Affairs Bureau, the Public Prosecutions Office, and the Court. According to the law, the Court has different jurisdictions over labor dispute resolutions. The Labor Affairs Bureau has the power of making administrative penalties and instituting criminal proceedings, handling the great majority of labor disputes during labor supervision. In most cases, employers would choose to reach a settlement with the employees under the circumstance that they have breached the labor law. The Public Prosecutions Office would continue to mediate disputes failed to be solved through labor supervision. At the proceeding stage, the number of cases, mainly focusing on legal issues, is relatively small. This labor dispute resolution structure, taking labor supervision as the main body, the court as the final solution agency and laying emphasis on mediating disputes, contributes to effectively safeguarding labor rights, promoting workers’ trust in the government, and reducing pressure on the judiciary. Hence, it is suggested that the mainland should learn from the aforementioned experience of Macao to improve its current labor supervision system