Macau Employee Rights for Non-Resident Workers: Injury Notice, Overlapping Holidays, Minimum Wage and Severance

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: any claim that "migrant workers aren't covered" has no legal basis.

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 compensatory leave must be arranged according to law — a worker never loses the holiday to calendar collisions.

Where the employer requires work on a mandatory holiday (with the worker's consent), the worker keeps that day's pay and is entitled to one extra day of basic remuneration by agreement, or one compensatory day of leave within three months after working (the date is agreed by the parties, or designated by the employer with at least three days' notice). Check your roster monthly; raise discrepancies between holiday entitlements and attendance records early.

Dismissal compensation: MOP21,500 monthly cap, 12× maximum

Dismissal compensation accrues by years of service under the statutory rules, but the cap must be read precisely: the monthly basic remuneration used in the calculation is capped at MOP21,500 (raised by Law 23/2024, effective 27 December 2024), and regardless of seniority total compensation is capped at 12 times that monthly salary — about MOP258,000. That is a monetary cap, not a 12-year limit on counting service. The Government's review on 15 June 2026 maintained the amount.

Unlawful dismissal (termination without statutory grounds) has its own dispute path — mediation through the Labour Affairs Bureau and, if needed, the courts. The written contract, wage records and the termination notice are the key evidence in that track.

Probation: 90, 180 and 45 days

The Labour Relations Law allows an agreed probation for mutual assessment, set by contract type: fixed-term contracts 30 days, non-fixed-term contracts 90 days; technical positions 180 days and domestic workers 45 days. Termination during probation is more flexible for both sides — but the probation clause is only valid when agreed in writing.

Read two lines before signing any imported-worker contract: how long the probation runs, 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.

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

• Q: How soon must a work injury be reported to the employer? A: 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.
• Q: Macau minimum wage in 2026, and is it for migrant workers too? A: MOP35/hour (MOP7,280/month), effective 1 January 2026, expressly covering non-resident workers.
• Q: Maximum dismissal compensation? A: Monthly basic remuneration capped at MOP21,500; regardless of seniority, total compensation capped at 12 times that salary — about MOP258,000 (Law 23/2024; maintained at the June 2026 review).
• Q: Safety net for unpaid wages? A: 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.
• Q: How long is probation? A: 90 days general, 180 days technical, 45 days domestic work — written agreement required.