Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

With reference to its observation, the Committee would like to bring to the Government’s attention the following additional issues.

Articles 1, 4 and 8 of the Convention. Organization, functioning and supervision of the labour administration system. The Committee notes from the Government’s report that the Ministry of Human Resources and Social Security was established in March 2008, on the basis of a consolidation of the functions and responsibilities of the Ministry of Personnel and the Ministry of Labour and Social Security. The functions of the Ministry include on the one hand, the promotion of employment, safeguarding stable labour relations and improving the social security system, and on the other, the management of civil servants in government agencies and institutions. The Committee also takes note of the organigram of the new Ministry attached to the Government’s report. It notes with interest the detailed information provided in the Statistical Bulletin on Human resources and social security utilities and services, with regard to the operation and coordination of the Ministry’s main areas of activity, i.e. (1) extending the coverage of social security in relation to old age, medical, unemployment, occupational injuries and maternity insurance, and ensuring the supervision of the social insurance fund; (2) ensuring harmonious labour relations including through labour inspection and settlement of labour disputes notably in the area of wage payment and conclusion of labour contracts; (3) rationalization of the income‑distribution pattern; (4) promoting reform of the personnel system for a better institutional mechanism for human resources and implementing a talent strategy for national development through a reservoir of talents; (5) constructing a legal system for human resources and social security and cultivating harmonious labour relations to safeguard the lawful rights of workers; and (6) building capacities and infrastructure. The Committee would be grateful if the Government would continue to provide information on the Ministry’s activities in the above areas. Please also indicate the manner in which priorities and targets are set, activities are planned and reporting is carried out so as to ensure the effective functioning and coordination of the labour administration system. Finally, the Committee would be grateful if the Government would provide an overview of the external structure of the Ministry throughout the country.

Article 6(1). Bodies responsible for the preparation, administration, coordination, checking and review of national labour policy. The Committee takes note of the information provided by the Government on the bodies entrusted with various aspects of the national labour policy on the basis of the State Council’s “Regulations on the Main Functions, Internal Structure and Staffing of the Ministry of Human Resources and Social Security.” It notes in particular with interest the recent establishment of a labour supervision bureau aimed to: develop a system of labour inspection; organize the carrying out of labour inspection and investigate major cases and propose solutions; guide localities in carrying out labour inspection activities; coordinate endeavours to protect workers’ rights and organize responses to incidents; and undertake other types of work related to the supervision and inspection of human resources and social security administration. The Committee also notes with interest that a public employment service system has taken initial shape through the establishment of general service points above the county level, offering “one stop” employment services such as policy consultation, job offers, occupational guidance, employment assistance, etc., and carrying out administrative functions entrusted by the administrative departments, such as registering unemployment, recruitment records, archive management etc. The Committee would be grateful if the Government would continue to communicate information on the activities of the Labour Supervision Bureau and the public employment service system along with those of other bodies within the Ministry entrusted with the preparation, coordination and review of national labour policy.

Article 6(2)(b). Review of the situation of employed, unemployed and under-employed persons. The Committee notes the measures taken by the Government to address the issue of internal migrant workers, including the issuance of “Certain opinions on addressing the issue of migrant workers” (with the objective of “establishing the employment system of a uniform labour market for both urban and rural areas to facilitate fair competition; and establishing a public employment service system and regime that can benefit migrant workers and other urban-rural stakeholders”) as well as the reform of the resident registration system so as to gradually solve the issue of resident permits for migrant workers who live and work in cities on a long-term basis. The Committee would be grateful if the Government would provide further information in its next report on the implementation and impact of the Certain Opinions on Addressing the Issue of Migrant Workers and the resident registration system reform.

Article 6(2)(c). Services available to employers and workers. The Committee notes that according to section 8 of the Act, a tripartite labour relation mechanism shall jointly study and resolve major issues of labour disputes, while according to section 19 of the Labour Dispute Mediation and Arbitration Act, tripartite labour dispute arbitration commissions shall oversee the functioning of the dispute resolution system and discuss major or complicated labour dispute cases. The Committee also notes from the Statistical Bulletin communicated by the Government, that in 2008, the labour dispute arbitration organs admitted 693,000 cases of disputes, including 22,000 cases of collective labour disputes involving 503,000 people, and settled 523,000 cases (86 per cent). The Committee would be grateful if the Government would continue to provide information on the activities of the organs responsible for the settlement of labour disputes.

Article 7. Gradual extension of the labour administration system. The Committee notes from the Government’s report that, at present, China’s system of labour administration has not covered entirely agricultural workers and self‑employed workers listed in Article 7; the Government believes nevertheless, that it would be necessary to gradually extend labour administrative functions to cover these groups and plans to gradually extend social insurance to cover all workers. The Committee would be grateful if the Government would provide information in its next report on progress made with a view to the gradual extension of the labour administration system to all categories of workers covered by Article 7.

Article 9. Supervision of parastatal and regional or local agencies to which particular labour administration activities may have been delegated. The Committee notes that the Ministry of Human Resources and Social Security apparently supervises a number of parastatal agencies to which labour administration activities have been delegated (e.g., Social Insurance Management Centre, China Centre of Technical Guidance for Employment and Training, China Academy of Personnel Studies, China Academy of Labour Protection, Institute of Labour Science, Institute of Labour and Wages, International Institute of Labour and Information, Institute of Social Security, Centre for International Exchanges and Services, Service Centre for Students Studying Abroad and Experts, etc.). It also notes from the 2008 Statistical Bulletin, that by the end of 2008, the Ministry had reviewed and approved 76 projects submitted by State-owned enterprises to change ownership status for their auxiliary operations; the projects touched upon 5,315 entities, involving the transfer and placement of 887,000 workers. The Committee would be grateful if the Government would provide an overview of the parastatal agencies under its supervision or any local agencies of the Ministry of Human Resources and Social Protection, and describe the manner in which these parastatal and local agencies are being supervised.

Article 10. Staff and material resources of the labour administration system. The Committee takes note of the information provided by the Government on the entities responsible for managing the staff working within the system of labour administration and the manner in which the staff are recruited, assessed, etc. It also notes that the Ministry of Human Resources and Social Security has 579 staff posts and the actual number of staff members is 557 persons; the institutions directly affiliated to the Ministry have 1,726 staff posts and the actual number of employees is 1,368 persons. The Committee would be grateful if the Government would communicate information on any periodical assessment of staffing needs and reviews of the material and financial resources allocated for the performance of the duties of the Ministry of Human Resources and Social Security within the framework of the national budget.