Which laws protect non-resident workers
Macau's labour standards apply to non-resident workers on equal terms: the Labour Relations Law (Law 7/2008) sets wages, working hours, leave and dismissal protection; Decree-Law 40/95/M governs compensation for work injuries and occupational diseases; Law 5/2020 establishes the minimum wage (adjusted by Law 14/2025 from 2026), expressly covering non-resident workers.
Three things to do after arriving: check the written contract matches the conditions filed with the Labour Affairs Bureau; keep wage and attendance records; note the hiring-permit expiry and process renewal in advance. The Blue Card and the hiring permit behind it are the documents your rights hang on.
The 24-hour injury notice — two different duties, don't mix them up
Article 18 of Decree-Law 40/95/M: after a work accident, the injured worker (or family) must notify the employer or its representative within 24 hours. Two situations adjust this: where the employer or supervisor was present or learned of it at the time, and where the injury prevents immediate notification (the period runs from when the impediment ends). Damage that only appears or is diagnosed later is notified within 24 hours of becoming known.
Keep the two duties apart: the employer has its own 24-hour duty — to notify the Labour Affairs Bureau of fatal accidents or those requiring hospitalisation. The worker notifies the employer; the employer notifies the government.
Compensation framework: medical damages for work injuries and occupational diseases are capped at MOP3,150,000 per victim under the current amounts (reviewed annually — follow the Labour Affairs Bureau's latest publication). Prompt notification is the first step that unlocks insurance claims and the fund safety net.
2026 minimum wage: MOP35 per hour, migrant workers expressly covered
From 1 January 2026, Macau's minimum wage rose to MOP35 per hour — MOP280 per day (8 hours), MOP1,680 per week (48 hours) and MOP7,280 per month. The law expressly applies to non-resident workers, subject to the statutory exceptions (domestic workers, and employees holding a disability assessment registration card where it applies to their work) — both "migrants are never covered" and "the exceptions are covered too" are inaccurate.
If wages fall below the floor: demand the shortfall in writing first; if that fails, complain to the Labour Affairs Bureau and consider the Labour Debt Fund route below. Payslips and bank records are the foundation of every claim.
Overlapping holidays and mandatory-holiday compensation
Macau's calendar often overlaps a mandatory holiday with the weekly rest day ("overlapping holidays"). The rule: the overlapping day is treated as the mandatory holiday, and the weekly rest day must be made up within the following 30 days — making up the rest day and the compensation for working on a mandatory holiday are counted separately, so a worker never loses the holiday to calendar collisions.
Compensation for working on a mandatory holiday has two layers (Article 45(2), joined by "and"): first, one compensatory day of leave within three months after working, which may by mutual agreement be replaced by one day of basic remuneration; second, on top of that, monthly-rated workers receive an extra day of basic remuneration, or another compensatory day of leave within the three months; workers paid by actual time worked or by output receive that day's pay under the statutory method, plus an extra day of basic remuneration or a compensatory day of leave. The leave date is agreed by the parties, or designated by the employer with at least three days' notice; working only part of the day for personal reasons is prorated by law. Note: under the situations listed in Article 45(1) — major loss or force majeure, unforeseeable increases in work, or work essential to keeping the enterprise running — the employer may require the work without the worker's consent. Check your roster monthly; raise discrepancies between holiday entitlements and attendance records early.
Maternity leave at 90 days already in force; seniority-based annual leave rises in stages from 2027 (Law 9/2026)
Two commencement dates, kept apart: Law 9/2026 amends the Labour Relations Law (Law 7/2008); the maternity-leave change took effect the day after publication (28 July 2026), while the seniority-based annual-leave scales take effect on 1 January 2027 — do not present them as applying on the same day.
Maternity leave now in force: female employees are entitled to 90 days of maternity leave for childbirth; for miscarriage after more than three months of pregnancy, 21 to 90 days following medical advice; if the newborn dies during the leave, the leave extends 10 days past the infant's death, with at least 90 days in total guaranteed. The official FAQ states expressly that the raised maternity and annual leave apply equally to non-resident workers and to part-time employees.
Annual leave from 1 January 2027: employees with one full year of service earn paid leave by seniority — 6 working days from 1 year up to (not including) 2 years, 7 for over 2 up to 4 years, 8 for over 4–6, 9 for over 6–8, 10 for over 8–10, 11 for over 10–12 and 12 for over 12 years. Seniority runs from the first day of employment; a non-resident worker whose contract is renewed with an interruption of no more than three months keeps seniority counting from the first contract.
Transitions: relationships started before the law keep accruing seniority unaffected and take the new scales by seniority; agreed leave that already exceeds the new statutory days is untouched, and any change to working conditions requires mutual consent; childbirths occurring before the law's entry into force follow the old rules. The law's text and the official FAQ are linked below.
Basis: DSAL FAQ on Law 9/2026 (official PDF) →Law text and commencement provisions (Official Gazette) →
Dismissal compensation: rules by contract type, MOP21,500 monthly cap
Dismissal compensation under Article 70 of the Labour Relations Law differs by contract type: non-fixed-term contracts accrue by years of service, with the monthly basic remuneration used in the calculation capped at MOP21,500 (raised by Law 23/2024, effective 27 December 2024; maintained at the Government's review on 15 June 2026); where a fixed-term contract is terminated by the employer before expiry, Article 70(6) prescribes compensation reckoned over the remaining contract period. Article 70(4) lets the parties agree on more favourable amounts — agreement prevails. These are the statutory calculation rules; whether a particular dismissal is unlawful is a separate question.
"Termination without reasonable grounds" under Article 70 is a dismissal route that carries compensation liability — it is not automatically an unlawful dismissal. Unlawful-dismissal situations (such as dismissal during statutory protection periods like paid sickness leave or pregnancy) are listed separately by law and lead to reinstatement or compensation through Labour Affairs Bureau mediation and, if needed, the courts. The written contract, wage records and the termination notice are the key evidence in that track.
Probation for non-resident workers: generally 30 days maximum, no extension
The general position first: DSAL's official article on probation for non-resident workers states that a worker on a fixed-term contract signed under a hiring permission has probation of at most 30 days and it cannot be extended; even where both parties agree otherwise, probation may not exceed 30 days, and a renewal with the same worker carries no probation at all. Mind the boundary of application: in judgment 691/2025 of 4 December 2025, the Court of Second Instance read a professional imported worker's (CEO) contract differently — a renewable imported-worker contract is not necessarily a fixed-term contract for temporary needs under the Labour Relations Law, and the position's nature and the case's terms affect the conclusion. So "always 30 days" is not an exceptionless rule, nor should every probation be written as 180 days; verify the specific position with DSAL or a Macau practising lawyer before signing. During probation either side may end the relationship more flexibly.
In a separate column — Article 18 of the Labour Relations Law, presumed probation and maxima by contract type (general employment knowledge, not options an imported worker can choose from): non-fixed-term contracts presume 90 days; fixed-term contracts presume 30 days; for positions of a technical nature held by professionally qualified workers, or leadership and supervisory roles, up to 180 days may be agreed (in writing). The law sets a default probation; only a contrary agreement that waives or sets probation must be in writing — a probation clause is not automatically void for lack of writing. In practice, fixed-term contracts signed under a hiring permission still follow the official 30-day maximum unless a verified distinction applies.
Read two lines before signing any imported-worker contract: how long the probation runs (it should be 30 days or less, in writing), and how settlement works on termination during it. Any "work three months first, then we sign" pitch means three months with zero written protection — refuse it.
Basis: DSAL official article on probation for non-resident workers →Reference: Court of Second Instance judgment 691/2025 (4 Dec 2025) →
Unpaid wages safety net: the Labour Debt Fund
When an employer cannot pay (bankruptcy, closure, disappearance), non-resident workers may apply to the Labour Debt Fund for advances — the law expressly lists them as covered. Scope: advances for unpaid wages and dismissal compensation are limited to debts from the 6 months before the employment ended; work-injury advances apply only where the employer carried no insurance (or the insurer is insolvent); accommodation costs and return-trip fares are also covered.
Applications go through the Labour Affairs Bureau and require evidence of the employment relationship (contract, attendance, wage records). Daily record-keeping is what makes the safety net reachable when things go wrong.
Accommodation and the hiring fee: two employer-side duties
Non-resident workers' accommodation is regulated by Chief Executive Dispatch 88/2010: employer-provided housing must meet minimum hygiene and living conditions (individual beds among them), or a statutory cash amount may substitute for accommodation. On hiring, employers pay the monthly non-resident hiring fee under Dispatch 89/2010 — both are employer duties and never a reason to deduct from a worker's wages.
Some context: Macau had 181,389 non-resident workers as of end-June 2026 (government-published figure). The larger the migrant workforce, the more rigid the enforcement of labour standards — which is why Zhiao pairs every quota and recruitment delivery with compliance coaching.
FAQ
How soon must a work injury be reported to the employer?
Within 24 hours (Article 18 of Decree-Law 40/95/M), excused or deferred where the employer was present/aware or the injury prevents notice. Separate from the employer's 24-hour duty to notify the Bureau.
Macau minimum wage in 2026, and is it for migrant workers too?
MOP35/hour (MOP7,280/month), effective 1 January 2026, expressly covering non-resident workers.
Maximum dismissal compensation?
Rules differ by contract type: non-fixed-term contracts accrue by seniority with monthly basic remuneration capped at MOP21,500 (Law 23/2024; maintained at the June 2026 review); fixed-term contracts terminated early are compensated under Article 70(6) over the remaining contract period. The parties may agree on more favourable amounts.
Safety net for unpaid wages?
The Labour Debt Fund expressly covers non-resident workers; wage/dismissal advances are limited to the last 6 months of the employment, and accommodation and return-trip costs are included.
How long is probation?
DSAL guidance: at most 30 days on fixed-term contracts signed under a hiring permission, no extension, and no probation on renewal; Court of Second Instance judgment 691/2025 read a specific professional contract differently, so it is not one-size-fits-all — nor should 180 days be written in by default. Article 18's presumptions by contract type (90 days non-fixed-term, 30 days fixed-term, up to 180 days by written agreement for technical or leadership/supervisory positions) are general knowledge; a contrary agreement that waives or sets probation must be written.
