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Comments adopted by the CEACR: China

Adopted by the CEACR in 2021

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1(1)(a) and 3(c) of the Convention. Discrimination based on sex. Retirement age. The Committee recalls that it had noted, in its previous comments, that the statutory retirement age is 60 for men and 50 for women generally but 55 for female civil servants. The Committee notes the Government’s indication that, in March 2017, the Minister of Human Resources and Social Security pointed out during the State Council press conference that the policy of delaying retirement age is a major economic and social policy involving the fundamental interests of every people and therefore a very careful approach to formulating it will be taken. The Committee asks the Government to continue to provide information on any developments regarding steps taken with a view to setting the same retirement age for men and women.
Sexual harassment. The Committee welcomes the inclusion in the new Civil Code, which came into force on 1 January 2021, of provisions addressing sexual harassment (section 1010). Section 1010 provides that “[a] person who has been sexually harassed against his will by another person through oral words, written language, images, physical acts, or the like, has the right to request the actor to bear civil liability in accordance with law”. It also provides that “[t]he State organs, enterprises, schools, and other organizations shall take reasonable precautions, accept and hear complaints, investigate and handle cases, and take other like measures to prevent and stop sexual harassment conducted by a person through taking advantage of his position and power or a superior-subordinate relationship, and the like”. The Committee would like to draw the Government’s attention to the need to cover all forms of sexual harassment (quid pro quo and hostile work environment) committed not only by a person with authority but also by a colleague and a person with whom workers have contacts through their work (clients, suppliers, etc.). The Committee also welcomes the detailed information provided by the Government regarding the legal and practical activities organized by the All-China Women’s Federation (ACWF) to prevent and address sexual harassment, such as the formulation of policy documents, the dissemination of laws and regulations, training seminars and awareness-raising activities, including through the media, an advocacy campaign for the public, research activities and assistance support to female victims. The Committee also notes the Government’s indication in its report that the China Enterprise Confederation (CEC) suggested that the ILO strengthens the capacity building of employers’ organizations in this regard and provides more good practices in preventing sexual harassment in the workplace. Welcoming the positive legislative steps in the Civil Code, the Committee asks the Government to provide information on the manner in which it is applied in practice and interpreted by the courts, in particular if it covers in practice hostile work environment sexual harassment and sexual harassment committed without taking advantage of one’s hierarchical position. In addition, recalling the obligation of employers to prevent and prohibit sexual harassment against female workers at the workplace in section 11 of the Special Provisions on Labour Protection of Female Workers as well as the obligations of employers pursuant to section 1010 of the Civil Code, the Committee asks the Government to provide examples of measures taken in practice by employers in this regard. The Committee also asks the Government to include a clear and comprehensive definition of sexual harassment to ensure that it covers both quid pro quo and hostile work environment harassment and to consider expanding the protection against sexual harassment at the workplace to male workers. It further asks the Government to provide information on any cases of sexual harassment dealt with by the competent authorities, including on their outcome (sanctions imposed and remedies granted).
Addressing sex-based discrimination in recruitment practices, including job advertisements. The Committee welcomes the adoption of the Circular on “Further Regulating Recruitment Practices to Promote Women Employment” issued by nine stakeholders including the Ministry of Human Resources and Social Security in 2019, which prohibits : (1) companies from prioritizing any candidate or rejecting any application based on sex; and (2) recruiters from asking women applying for a job about their marital status or any pregnancy plans, requiring new employees to take pregnancy tests, or imposing pregnancy restrictions during employment. The Committee also notes that the circular provides for fines for employers who publish sexist job advertisements and the revocation of work permits of recruitment agencies that do the same. The Committee asks the Government to provide information on the application in practice of the 2019 Circular, in particular on the number of cases of discrimination dealt with by the competent authorities and their outcome (fines imposed and work permit revocations) and on its impact on the elimination of discriminatory job advertisements.
Pregnancy and maternity. The Committee notes that the Government refers to the legal framework in place for maternity protection and that the above Circular addresses the issue of discrimination based on pregnancy at the recruitment stage. Recalling that such discrimination occurs usually in practice, despite the existence of a solid legal framework, the Committee asks the Government to provide information on the enforcement of the provisions protecting workers against discrimination based on pregnancy or maternity, during recruitment but also employment, as well as information on the number and nature of cases of such discrimination dealt with by the competent authorities. It further asks the Government to consider undertaking awareness-raising activities to address gender stereotypes and discrimination faced by women based on the fact that they bear children and are seen as primary caregivers.
Article 1(1)(b). Additional grounds of discrimination. HIV status, hepatitis B. The Committee notes the Government’s indication that the Departments of human resources and social security at all levels actively have carried out law enforcement inspection activities, and severely punished various violations of labour security such as hepatitis B discrimination. It further notes that, on 19 January 2017, the General Office of the State Council issued the Action Plan for China’s Containment and Prevention of AIDS during the 13th Five-Year Plan Period, which aims inter alia at strengthening the protection of the legal rights and interests of people living with HIV and AIDS, including in education and employment. The Committee requests the Government to provide details on the anti-discrimination provisions of the Action Plan adopted in 2017 as regards vocational education and training and employment, and their application in practice. It also requests the Government to provide information on cases of discrimination based on HIV status and on hepatitis B, as well as discrimination based on other infectious diseases, dealt with by the competent authorities, including sanctions imposed and remedies granted.
Articles 2 and 3. Equality of opportunity and treatment between women and men. The Committee notes the Government’s data in its report on the application of the Equal Remuneration Convention, 1951 (No. 100) that in total, in 2016, women represented 36.4 per cent of the workers (35.5 in agriculture, etc., 26.1 in transportation, 31.5 in Information Technology services and 39.1 in science). The Committee notes the Government’s statement that it attaches great importance to women’s employment and entrepreneurship and has issued a series of laws including the Labour Law (1994), the Employment Promotion Law (2007), and the Law on the Protection of Women’s Rights and Interests (revised 2005) in this regard. The Government also indicates that it has taken policy measures to : (1) improve general active employment policies, through vocational training, to promote the employment of all workers, including women; (2) enhance tailored employment and entrepreneurship services such as special job fairs, policy consultation, career planning, and job introduction for female job seekers, “one stop” entrepreneurship services; (3) promote the employment for critical groups, with a priority on university graduates; (4) promote women’s employment through developing industries such as hand knitting and the domestic service industry; and (5) protect effectively women’s legal rights and interests, through the strengthening of labour security inspection. The Committee notes the Government’s indications that the ACWF launched the “Women’s Poverty Alleviation Action” in poverty-stricken areas in December 2015, and that the Government adopted measures to : (1): promote women’s active participation in industries as a way to get rid of poverty, such as the farming and breeding industry, traditional handicraft industry, rural tourism, housekeeping services and rural e-commerce; (2) improve poor women’s participation in all types of inclusive training to ensure equitable access to educational trainings and inclusive policy benefits; and (3) develop fiscal interest subsidies to small loans. The Government also indicates that the women’s federations promote the engagement of poor women in handcraft work closely related to their regional characteristics, cultural background and ethnicity to increase income, such as embroidery, tailoring and weaving, and that with the support from female officers, talents and leaders working in pilot women work station on modern agricultural technology, hand-woven working base, and three-eight green engineering base, who act as role models in growing rich. In addition, the ACWF facilitates the development of local industry, such as farming, aquaculture, processing of agricultural products, hand-woven, rural e-commerce and rural tourism. The Committee also notes the detailed information provided in the Comprehensive National-Level Review Report on the Implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing+25) on the priorities, achievements, challenges and setbacks regarding gender equality. The Committee notes that, in 2019, an ILO-UN Women seminar on Gender Equality and the Future of Work was held in China and addressed the progress and challenges of gender equality in the country, equal opportunity and treatment, equal pay for work of equal value and women’s empowerment, balancing work and family responsibilities and the elimination of violence and harassment in the world of work. The Committee notes that, in April 2019, the General Office of the State Council issued “Guidelines on Promoting the Development of Care Services for Infants under 3 Year-old”, which aimed to help mothers having young children. It further notes the adoption in September 2021, along with the “China National Program for Child Development”, of the China National Program for Women’s Development (2021–2030) which provides for 75 main goals and 93 supportive measures and covers 8 areas including health, education and the economy, with family planning being a newly-added priority area for both women and children. Welcoming these developments, the Committee would like to draw the Government’s attention on the importance to ensure that measures taken to promote gender equality do not in practice reflect the assumption that the main responsibility for family care lies with women or excludes men from certain rights and benefits, and therefore do not reinforce nor prolong stereotypes regarding the roles of women and men in the family and in society. The Committee asks the Government to provide detailed information on the practical measures taken within this legal and policy framework on gender equality, and their results on increasing and improving women’s employment and gender equality, in particular with a view to addressing effectively : (i) stereotyped assumptions regarding women’s aspirations and capabilities, their suitability for certain jobs or their interest or availability for full-time jobs; (ii) vertical and horizontal gender occupational segregation, including in vocational education and training; and (iii) any obstacles encountered by both men and women workers to reconcile work and family responsibilities. The Committee also asks the Government to continue to provide information on steps taken to ensure that men and women have equal opportunities in employment and occupation and are treated equally during employment and the various occupations, in all sectors of the economy and in rural and urban areas.
General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.
The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.
Article 5. Protective measures. Further to its request, the Committee notes the Government’s statement that the “Scope of Prohibited Labour for Female Employees” annexed to the Special Provisions on the Labour Protection of Female Employees promulgated in 2012, clearly covers four types of prohibited labour for female workers, inter alia labour during pregnancy and lactation, and does not apply to a larger scope in practice. The Government further indicates that, given the Committee’s comment that over-protective measures beyond necessary maternal needs may exert negative impacts on the employment and career prospects of women, it is currently conducting research on the implication of female workers’ maternity leave on their interests. Welcoming this information, the Committee asks the Government to provide information on the manner in which it ensures that, in practice, measures taken to protect women in employment and occupation, pursuant to the Special Provisions on the Labour Protection of Female Employees of 2012 are strictly limited to the protection of maternity in the sense of ILO Conventions – i.e. during pregnancy or childbirth and its consequences or nursing.
Awareness-raising. Monitoring and enforcement. The Committee notes the Government’s indication that, in cooperation with the ILO, the China Enterprise Confederation (CEC) has been conducting training activities in Hebei Province, with a view to increase compliance of employers with labour laws and regulations, since 2015, and promotes the implementation of the Convention in six areas, including enterprises management, recruitment of employees, training and promotion, protection of female workers’ interests, prevention of sexual harassment in the workplace, diversity in the workplace and work–family balance. The Committee notes the Government’s indication that the Ministry of Human Resources and Social Security (MOHRSS) has conducted special inspections for a number of years on the issue of the payment to migrant workers and compliance of employers to certain laws and regulations on employment and social insurance; and has taken greater actions against involvement of discriminatory information in recruiting advertisements, with the intention of upholding workers’ legitimate interests. The MOHRSS has also made more efforts to ensure the full coverage of internet management, with active promotion of the off-site investigation, provincial coordination, and online operation for cases and has strengthened the capacity building of the information system for the supervision and management; and streamlined the process of data collection and standards. The Committee notes, however, that once again no information has been provided concerning the number and nature of cases of discrimination in employment and occupation submitted to relevant authorities. The Committee asks the Government to continue providing information on awareness raising activities undertaken by the public authorities and the social partners in relation to all aspects of non-discrimination and equality in employment and occupation. It asks the Government to provide information on the procedure for workers to bring court cases and make requests for mediation or arbitration of labour disputes relating to discrimination and any obstacles they encounter. The Committee urges once again the Government to provide information on the number, nature and outcome of complaints and cases of discrimination, originating from both the public and the private sectors, dealt with by the people’s courts and other dispute resolution mechanisms, including information on the remedies granted and sanctions imposed.
[The Government is asked to supply full particulars to the Conference at its 110th Session and to reply in full to the present comments in 2022.]

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

With reference to its previous comments, the Committee recalls the observations by the International Trade Union Confederation (ITUC) received on 16 and 28 September 2020 and notes that additional observations by the ITUC were received on 6 September 2021 reiterating and supplementing its previous observations. The Committee also notes the Government’s reply received on 19 November 2020 and the additional information communicated by the Government on 30 August 2021 in reply to the Committee’s direct request.
Article 1(1)(a) and (3) of the Convention. Definition and prohibition of discrimination in employment and occupation. Prohibited grounds of discrimination. Legislation. The Committee recalls that the English translation of section 12 of the Labour Law of 1994 provides that “[w]ith regard to employment, the workers shall not be discriminated in aspects of nationality, race, sex and religious beliefs” and the English translation of section 3 of the Employment Promotion Law of 2007 provides that “[i]n seeking employment, the workers shall not be subject to discrimination because of their ethnic backgrounds, races, gender, religious beliefs, etc.” The Committee notes that, in its report, the Government refers to: (1) the revised “Regulation on Religious Affairs”, which took effect on 1 February 2018 and provides that “no organization or individual … may discriminate against citizens who believe in any religion … or citizens who do not believe in any religion …”; and (2) the Labour Law and the Employment Promotion Law that contain provisions on the prohibition of employment discrimination and the promotion of fair employment. The Committee notes nonetheless that these laws and regulations do not provide for a definition of discrimination, whether direct or indirect, and both do not seem to cover all aspects of “employment and occupation” as defined in Article 1(3) of the Convention. The Committee therefore asks the Government to take steps to: (i) include a clear and comprehensive definition of discrimination (both direct and indirect) in its labour legislation; and (ii) clarify whether the provisions of the Labour Law of 1994 also cover access to employment and vocational training. With respect to the anti-discrimination legal provisions in force, the Committee also asks the Government to confirm that: (i) the Labour Law of 1994 covers only the grounds of nationality, race, sex and religious beliefs; and (ii) the Employment Promotion Law of 2007 provides for an open list of prohibited discrimination grounds and therefore also covers discrimination based on colour, national extraction, social origin and political opinion (even if such grounds are not explicitly mentioned). It further asks the Government to indicate whether any interpretation concerning the wording “etc.” in the Employment Promotion Law of 2007 has been handed down by the judicial authorities and, if so, to provide a copy of the given decisions.
Articles 1(1)(a), 2 and 3. Allegations of discrimination based on race, religion, national extraction and social origin affecting ethnic and religious minorities in Xinjiang. The Committee refers to its comments on the application of the Employment Policy Convention, 1964 (No. 122). In the interest of coherence and transparency in its comments, considering that both the allegations and the information in reply raise a close connection between employment policy, the free choice of employment of ethnic and religious minorities and their protection against discrimination in employment and occupation, the Committee presents the same synopsis of the information available in both comments.
In its observations of 2020 and 2021, the ITUC alleges that the Government of China has been engaging in a widespread and systematic programme involving the extensive use of forced labour of the Uyghur and other Turkic and/or Muslim minorities for agriculture and industrial activities throughout the Xinjiang Uyghur Autonomous Region (Xinjiang), in violation of the right to freely chosen employment set out in Article 1(2) of Convention No. 122. The ITUC maintains that some 13 million members of the ethnic and religious minorities in Xinjiang are targeted on the basis of their ethnicity and religion with a goal of social control and assimilation of their culture and identity. According to the ITUC, the Government refers to the programme in a context of “poverty alleviation”, “vocational training”, “re-education through labour” and “de-extremification”.
The ITUC submits that a key feature of the programme is the use of forced or compulsory labour in or around internment or “re-education” camps housing some 1.8 million Uyghur and other Turkic and/or Muslim peoples in the region, as well as in or around prisons and workplaces across Xinjiang and other parts of the country.
The ITUC indicates that, beginning in 2017, the Government has expanded its internment programme significantly, with some 39 internment camps having almost tripled in size. The ITUC submits that, in 2018, Government officials began referring to the camps as “vocational education and training centers” and that in March 2019, the Governor of the Xinjiang Uyghur Autonomous Region described them as “boarding schools that provide job skills to trainees who are voluntarily admitted and allowed to leave the camps”. The ITUC indicates that life in “re-education centers” or camps is characterized by extraordinary hardship, lack of freedom of movement, physical and psychological torture, compulsory vocational training and actual forced labour.
The ITUC also refers to “centralized training centers” that are not called “re-education camps” but have similar security features (e.g. high fences, security watchtowers and barbed wire) and provide similar education programmes (legal regulations, Mandarin language courses, work discipline and military drills). The ITUC adds that the “re-education camps” are central to an indoctrination programme focused on separating and “cleansing” ethnic and religious minorities from their culture, beliefs, and religion. Reasons for internment may include persons having travelled abroad, applied for a passport, communicated with people abroad or prayed regularly.
The ITUC also alleges prison labour, mainly in cotton harvesting and the manufacture of textiles, apparel and footwear. It refers to research according to which, starting in 2017, the prison population of Uyghurs and other muslim minorities increased dramatically, accounting for 21 per cent of all arrests in China in 2017. Charges typically included “terrorism”, “separatism” and “religious extremism”.
Finally, the ITUC alleges that at least 80,000 Uyghurs and other ethnic minority workers were transferred from Xinjiang to factories in Eastern and Central China as part of a “labour transfer” scheme under the name “Xinjiang Aid”. This scheme would allow companies to: (1) open a satellite factory in Xinjiang; or (2) hire Uyghur workers for their factories located outside this region. The ITUC alleges that the workers who are forced to leave the Uyghur Region are given no choice and, if they refuse, are threatened with detention or the detention of their family. Outside Xinjiang, these workers live and work in segregation, are required to attend Mandarin classes and are prevented from practicing their culture or religion. According to the ITUC, state security officials ensure continuous physical and virtual surveillance. Workers lack freedom of movement, remaining confined to dormitories and are required to use supervised transport to and from the factory. They are subject to impossible production expectations and long working hours. The ITUC adds that, where wages are paid, they are often subject to deductions that reduce the salary to almost nothing. ITUC adds that, without these coercively arranged transfers, Uyghurs would not find jobs outside Xinjiang, as their physical appearance would trigger police investigations.
According to the ITUC’s allegations, to facilitate the implementation of these schemes, the Government offers incentives and tax exemptions to enterprises that train and employ detainees; subsidies are granted to encourage Chinese-owned companies to invest in and build factories near or within the internment camps; and compensation is provided to companies that facilitate the transfer and employment of Uyghur workers outside the Uyghur Region.
In its 2021 observations, the ITUC supplements these observations with information, including testimonies from the Xinjiang Victims Database, a publicly accessible database which as of 3 September 2021 had allegedly recorded the experience of some 35,236 ethnic minority members forcibly interned by the Government since 2017.
The Government states that the right to employment is an important part of the right to subsistence and development, which constitute basic human rights. The Government indicates that, under its leadership, Xinjiang has made great progress in safeguarding human rights and development. It adds that people of all ethnic groups voluntarily participate in employment of their own choice, and that the ITUC has ignored the progress made in economic development, poverty alleviation, improvement of people's livelihood and efforts to achieve decent work in Xinjiang.
With respect to the ITUC observations in relation to the use of forced labour, the Government emphasizes that these allegations are untrue and politically motivated.
The Government indicates that, pursuant to the Constitution, the State creates conditions for employment through various channels. The Employment Promotion Law (2007) stipulates that workers have the right to equal employment and to choose a job on their own initiative, without discrimination. Under the Vocational Education Law of 1996, citizens are entitled to receive vocational education and the State takes measures to develop vocational education in ethnic minority areas as well as remote and poor areas.
The Government indicates that residents of deeply poverty-stricken areas in southern Xinjiang have suffered insufficient employability, low employment rates, very limited incomes and long-term poverty. It states that eliminating poverty in Xinjiang has been a critical part of the national unified strategic plan to eradicate poverty by the end of 2020. The Government adds that it has eliminated absolute poverty, including in southern Xinjiang, thanks to government programmes such as the Programme for Revitalizing Border Areas and Enriching the People during the 13th Five-Year Plan Period (GUOBANFA No. 50/2017) and the Three-Year Plan for Employment and Poverty Alleviation in Poverty-stricken Areas in the four prefectures of Southern Xinjiang (2018-2020). The Programme for Revitalizing Border Areas and Enriching the People had set development targets for nine provinces and autonomous regions, including Xinjiang, such as the lifting out of poverty of all rural poor and the continuous expansion of the scale of employment combining individual self-employment, market-regulated employment, government promotion of employment and entrepreneurship, and vocational training to increase the employability of workers. The Three-Year Plan laid the foundation for the Xinjiang government to provide dynamic, categorized and targeted assistance to people with employment difficulties and families where no one is employed, and create structured conditions for people to find jobs locally, to seek work in urban areas, or to start their own businesses.
The Government reports that the task of relocating the poor for the purpose of poverty relief has been completed, and that the production and living conditions of poor people have been greatly improved: the poverty incidence rate in the four poverty-stricken prefectures of Xinjiang dropped from 29.1 per cent in 2014 to 0.21 per cent in 2019. Between 2014 and 2020, the total employed population in Xinjiang grew from 11.35 million to 13.56 million, representing an increase by 19.4 per cent. In the same period, an average of 2.8 million urban job opportunities were provided annually to the “surplus rural workforce”.
The Government is firm in its view that it fully respects the employment wishes and training needs of Xinjiang workers, including ethnic minorities. The Xinjiang Government regularly conducts surveys of labourers' willingness to find employment and keep abreast of their needs in terms of employment location, job positions, remuneration, working conditions, living environment, development prospects and training needs. These surveys demonstrate that more urban and rural “surplus” workers hope to go to cities in northern Xinjiang or other more developed provinces and cities in other parts of the country, which offer higher wages, better working conditions and a better living environment. Ethnic minorities count on the government to provide more employment information and other public employment services to their members. The fact that ethnic minority workers go out to work is entirely voluntary, autonomous and free. According to the Government, the Three-Year Plan for Southern Xinjiang explicitly refers to the “willingness for employment” and states that the wishes of individuals “who are unwilling to work due to health and other reasons” shall be fully respected, and that they will never be forced to register for training.
The Government stresses that language training for ethnic minority workers in Xinjiang is necessary to increase their language ability, and enhance their employability, and does not deprive them of the right to use their own language.
The Government also replies to the ITUC allegations that the Uyghur and other ethnic minorities in Xinjiang are not paid the applicable local minimum wage, indicating that the Labour Law of the People’s Republic of China stipulates that the minimum wage system applies across the country, although minimum wage standards may vary across administrative regions. As of 1 April 2021, the minimum wage in Xinjiang is divided into four grades: 1,900 yuan, 1,700 yuan, 1.620 yuan and 1,540 yuan. The Government considers reports that the wages of some migrant workers in Xinjiang are as low as US$114 (approximately 729 yuan) per month to be groundless, stating that the overwhelming majority of this information is taken from individual interviews and lacks clear sources of data or statistical information. In addition, the Government points out that the reports do not fully clarify whether the workers concerned are working less than the statutory working hours, in which case they would be paid less. The Government states that by going out to work, the actual income of many people is much higher than the minimum wage of Xinjiang.
The Government also reports that the local government of Xinjiang has put in place labour inspection systems for protecting the rights and interests of workers and addressing their reports and complaints concerning wage arrears, failure to sign labour contracts and other infringements. The Government indicates that it will take steps to further strengthen the supervision and inspection of employer compliance with minimum wage provisions, call on employers to respect the minimum wage standards and address violations.
The Government provides detailed information on its laws, regulations and policies regarding freedom of religion; equality among the 56 ethnic groups in China and for consolidating and developing unity between and within these groups.
The Government reports that China adopts policies securing freedom of religious belief; manages religious affairs in accordance with the law; adheres to the principle of independence from foreign countries and self-management; and actively guides religions to adapt to the socialist society so that religious believers may love their country and compatriots, safeguard national unity and ethnic solidarity, be subordinate to and serve the overall interests of the nation and the Chinese people. The Law of the People’s Republic of China on the Administration of Activities of Overseas Non-Governmental Organizations within China prohibits overseas NGOs from illegally engaging in or sponsoring religious activities. China’s Criminal Law, National Security Law, and Counter-Terrorism Law provide for the protection of citizens’ freedom of religious belief. The Counter-Terrorism Law of the People’s Republic of China states that China opposes all extremism that seeks to instigate hatred, incite discrimination and advocate violence by distorting religious doctrines or through other means, and forbids any discriminatory behaviour on the grounds of region, ethnicity and religion. The Regulations on Religious Affairs prohibit any organization or individual from advocating, supporting or sponsoring religious extremism, or using religion to undermine ethnic unity, divide the country, or engage in terrorist activities. According to the Government, China takes measures against the propagation and spread of religious extremism, and at the same time, carefully avoids linking violent terrorism and religious extremism with any particular ethnic group or religion.
The Committee takes due note of all the allegations and information communicated by both the ITUC and the Government on the application of Convention Nos 111 and 122, which appear interrelated, as well as stated government policy as it transpires from various regulatory and policy documents.
The Committee takes note of the Government’s explanation of its various regulations and policies, including on the eradication of poverty without discrimination. However, the Committee expresses concern in respect of the methods applied, the impact of their stated objectives and their (direct or indirect) discriminatory effect on the employment opportunities and treatment of ethnic and religious minorities in China.
The Committee recalls that Convention No. 111 requires the formulation and the adoption of a national equality policy, with a view to eliminating any discrimination (Article 2) and defines discrimination as “any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation” (Article 1(1)(a)). Under the Convention, the term “race” includes any discrimination against linguistic communities or minority groups whose identity is based on religious or cultural characteristics or national or ethnic origin (see General Survey on the fundamental Conventions, 2012, paragraph 762). It further recalls that racial harassment, which is a serious form of discrimination, occurs where a person is subject to physical, verbal or non-verbal conduct or other conduct based on race which undermines their dignity or which creates an intimidating, hostile or humiliating working environment for the recipient (see the general observation of 2018 on the application of the Convention).
The Committee recalls that freedom from discrimination is a fundamental human right and is essential for workers in order to choose their employment freely, to develop their full potential and to reap economic rewards on the basis of merit. As such, the promotion of equality of opportunity and treatment in employment and occupation should be mainstreamed in relevant national policies, such as education and training policies, employment policies, poverty reduction strategies, rural or local development programmes, women’s economic empowerment programmes, and climate mitigation and adaptation strategies (see the 2018 general observation).
The Committee also recalls that the Convention aims to provide protection against religious discrimination in employment and occupation, which often arises as a result of a lack of religious freedom or intolerance towards persons of a particular faith, a different faith, or towards those who profess no religion. The expression and manifestation of religion is also protected. Appropriate measures need to be adopted to eliminate all forms of intolerance (see 2012 General Survey, paragraph 798).
The Committee observes that discrimination on the basis of actual or perceived religion, combined with exclusions and distinctions based on other grounds such as race, ethnicity or national extraction continues to acquire greater significance, especially in the context of increasing global movements of people looking for better opportunities, and concerns about countering and preventing terrorism. Measures to promote tolerance and coexistence among religious, ethnic and national minorities and awareness-raising on the existing legislation prohibiting discrimination are therefore more than ever essential to achieving the objectives of the Convention (2012 General Survey, paragraph 801).
The Committee recalls that, in its previous comment, it referred to the concluding observations by the United Nations Committee on the Elimination of Racial Discrimination (CERD) regarding the situation in the Xinjiang Uyghur Autonomous Region. It notes that the CERD was alarmed inter alia by: (1) “numerous reports of the detention of large numbers of ethnic Uighurs and other Muslim minorities, held incommunicado and often for long periods, without being charged or tried, under the pretext of countering religious extremism”; (2) “reports of mass surveillance disproportionately targeting ethnic Uighurs”; and (3) “reports that all residents of the Xinjiang Uighur Autonomous Region are required to hand over their travel documents to police and apply for permission to leave the country, and that permission may not come for years”. The CERD recommended that action be taken in this regard, in particular halting “the practice of detaining individuals who have not been lawfully charged, tried and convicted for a criminal offence in any extra-legal detention facility” and immediately releasing “individuals currently detained under these circumstances, and allow those wrongfully held to seek redress”; undertaking “prompt, thorough and impartial investigations into all allegations of racial, ethnic and ethno-religious profiling” and eliminating “travel restrictions that disproportionately affect members of ethnic minorities”. The Committee further notes the concern expressed by the CERD regarding “reports that ethnic Uighurs … often face discrimination in job advertisements and recruitment processes” (CERD/C/CHN/CO/14-17, 19 September 2018, paragraphs 40, 42 and 47).
In addition, the Committee refers to its comments on the application of Convention No. 122 for the concern expressed by UN human rights experts mandated by the Human Rights Council about the forceful relocation of minority workers, especially Uyghur, across the country and the vocational training policy with the stated objective of combatting terrorism and religious extremism.
The Committee recalls that Article 3 of Convention No. 111 establishes a number of specific obligations with respect to the design of a national policy to promote equality of opportunity and treatment and eliminate discrimination in respect of employment and occupation. In particular, it requires parties to the Convention to repeal any statutory provisions and modify any administrative instructions or practices which are inconsistent with such policy; to pursue the policy under the direct control of a national authority; and to ensure observance of the policy in the activities of vocational guidance, vocational training and placement services under the direction of a national authority.
The Committee notes that in its white paper on vocational education and training in Xinjiang (2019), the government describes Xinjiang, which is home to the Uyghur people and other muslim minorities, as a “key battlefield in the fight against terrorism and extremism in China”. In accordance with the law, the government has established “a group of vocational centers” to offer systematic education and training in response to “a set of urgent needs”: to curb frequent terrorist incidents; to eradicate the breeding ground for religious extremism; to help trainees acquire better education and vocational skills, find employment, and increase their incomes; and, most of all, to safeguard social stability and long-term peace in Xinjiang. Article 33 of the Decision of 10 October 2018 to revise the Xinjiang Uyghur Autonomous Region regulation on de-radicalization (the “XUAR decision”) introduced a new provision defining the responsibility of the vocational education and training centres and other education and transformation bodies in de-radicalization efforts as follows: to carry out education and training efforts on the national spoken and written language, laws and regulations, and occupational skills; to organize and carry out de-radicalization ideological education, psychological rehabilitation, and behavioural corrections; and to promote ideological conversion of those receiving education and training, returning them to society and to their families.
The Decision read jointly with the white paper provide the basis to authorize the administrative detention for the purpose of ideological conversion, including of “people who participated in terrorist or extremist activities that posed a real danger but did not cause actual harm, whose subjective culpability was not deep, who acknowledged their offences and were contrite about their past actions and thus do not need to be sentenced to or can be exempted from punishment, and who have demonstrated the willingness to receive training” (White Paper on vocational education and training in Xinjiang). The white paper considers that education and training is not a measure to limit or circumscribe the freedom of the person but is rather an important measure to help trainees to break free from ideas of terrorism and religious extremism.
The Committee notes that the XUAR decision also lays down de-radicalization responsibilities for enterprises (article 46) and trade unions (article 34). Enterprises failing to perform their de-radicalization duties are subject to “criticism and education” by the unit they are located at or by their higher-ranking competent department and ordered to reform (article 47).
The Committee shares the concerns expressed by the Special Rapporteurs to the UN Human Rights Council (see commentary on the Counter-Terrorism Law of the People’s Republic of China (2015) and its Regional Implementing Measures; and the Xinjiang Uyghur Autonomous Region Implementing Measures of the Counter-Terrorism Law (2016)) about terrorist profiling practices based on a person’s ethnicity, national origin or religion in as much as they generate a climate of intolerance, which is conducive to discrimination in employment and occupation and forced labour practices such as those alleged in the observations of the ITUC.
In this regard, the Committee recalls that under Article 4 of the Convention, any “measures affecting an individual who is justifiably suspected of, or engaged in, activities prejudicial to the security of the State shall not be deemed to be discrimination, provided that the individual concerned shall have the right to appeal to a competent body established in accordance with national practice”. However, the mere expression of religious, philosophical or political beliefs is not a sufficient basis for the application of the exception. Persons engaging in activities expressing or demonstrating opposition to established political principles by non-violent means are not excluded from the protection of the Convention by virtue of Article 4.
Having duly considered the information provided by the Government in response to these serious allegations, the Committee expresses its deep concern in respect of the policy directions expressed in numerous national and regional policy and regulatory documents and requests therefore the Government to:
(i) review its national and regional policies with a view to eliminating all distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity and treatment in employment and occupation;
(ii) repeal provisions in the XUAR decision that impose de-radicalization duties on enterprises and trade unions and prevent enterprises and trade unions from playing their respective roles in promoting equality of opportunity and treatment in employment and occupation without discrimination based on race, national extraction, religion or political opinion;
(iii) revise national and regional policies with a view to ensuring that the activities of vocational guidance, vocational training and placement service serve the purpose of assisting ethnic and religious minorities in the development and use of their capabilities for work in their own best interests and in accordance with their own aspirations, account being taken of the needs of society;
(iv) amend national and regional regulatory provisions with a view to re-orienting the mandate of vocational training and education centers from political re-education based on administrative detention towards the purpose set out in (iii);
(v) provide information on the measures taken to ensure observance of the policy to promote equality of opportunity and treatment in vocational training activities carried out in Xinjiang’s vocational training and education centres; and
(vi) provide information on the measures taken to ensure observance of the policy to promote equality of opportunity and treatment for the Uyghurs and other ethnic minority groups when seeking to access employment outside the Xianjing Autonomous Province.
Articles 2 and 3. Equality of opportunity and treatment of ethnic and religious minorities, including in the civil service. Further to its request, the Committee notes the information provided by the Government regarding: (1) increased efforts on training programmes for skilled personnel in ethnic areas (more than 30 advanced training programmes in ethnical areas such as Inner Mongolia, Guangxi, Yunnan, Qinghai, Tibet, Guizhou, Ningxia, and Xinjiang), with a number of trained personnel reaching 10,000 people per year; (2) special training programmes for skilled personnel in Xinjiang and Tibet (selection of 200 ethnic talents selected from Xinjiang and 120 from Tibet); (3) the effective recruitment of a total of 25,000 ethnic civil servants nationwide in 2016 (13.3 per cent of the newly recruited civil servants) and 23,000 in 2017 (11.75 per cent of the newly recruited civil servants); and (4) the continuation of the workforce capacity building in ethnic areas, through intensified efforts to support the training targeted at civil servants in ethnic areas, thematic training sessions and on-site training workshops (14 sessions, with more than 870 civil servants engaged, since 2016) and active engagement in bilingual programmes. Noting these developments, the Committee requests the Government to continue to provide information on the measures taken, and their results, to promote equality of opportunity and treatment for ethnic and religious minorities, indicating if, and how, the social partners and the groups concerned are consulted when designing and implementing such measures. The Committee also requests the Government to provide information on the current employment situation of various ethnic and religious minorities inside and outside the autonomous regions, including employment data disaggregated by sex and ethnicity in the civil service.
The Committee is raising other matters in a request addressed directly to the Government.
[The Government is asked to supply full particulars to the Conference at its 110th Session and to reply in full to the present comments in 2022.]

C122 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1 and 2. Formulation and implementation of an active employment policy. Impact of COVID-19. The Committee welcomes the detailed information provided by the Government in its report, in which it highlights the importance it attaches to employment as pivotal to people’s well-being, indicating that it implements an “employment first” policy. The Government indicates that these objectives are reflected in the Opinions on Promoting Employment in the Present and in the Future, the Opinions on Further Improving Employment Stability, and the Opinions on Enhancing Measures to Strengthen Employment Stability in Response to the Impact of COVID-19. The Government indicates that it has taken a series of measures to stabilize employment that include: encouraging enterprises to absorb employment by providing tax reductions or exemptions, social security and loan interest subsidies; enabling workers to start up businesses independently, providing them with business guarantee loans and subsidies, project development services, guidance and other support; promoting flexible forms of employment, such as temporary, part-time, seasonal and flexible work; and providing targeted vocational guidance and employment services for specific groups, such as young persons and migrant workers. The Government refers to the Employment Promotion Plan in the 13th Five-Year Plan (2016-2020), which seeks to expand the scale of employment and further improve employment quality. It indicates that, during the period of the Plan, 50 million people were employed in urban areas, registered unemployment rates in these areas was kept below 5 per cent, and employment of key groups, such as college graduates and migrant workers remained stable. The Government adds that the goals of employment policy, economic and social development include a focus on target groups such as young persons, women, migrant workers, persons with disabilities and rural workers. The Government also refers to its policies on employment assistance, stating that, from 2014 to June 2017, it provided employment services to 6,080,000 jobseekers. The Government is also focusing on promoting equitable cross-regional development and employment services in both urban and rural areas. The Committee notes, however, that the Government has not provided disaggregated statistical data enabling the Committee to examine the effectiveness and impact of the active labour market measures implemented. The Committee requests the Government to provide detailed updated information, including statistical data disaggregated by sex, age, economic sector and region, on the active employment policies and other measures taken during the reporting period, and on their impact in terms of promoting full, productive, freely chosen and sustainable employment opportunities, as contemplated in Article 1 of the Convention. The Committee further requests the Government to indicate how the employment policy objectives contained in the Five-Year Plan (2016–20) on Promoting Employment are coordinated with other economic and social policies as required under the Convention.
Article 2. Employment trends. Labour market information. The Government indicates that, from 2017 to 2020, another 52.5 million people were employed in Chinese cities and towns, 21.66 million unemployed people were re-employed, and 7.04 million people in difficulty were employed. It adds that the registered urban unemployment rate remained within 4.3 per cent each quarter, and employment remained generally stable. The Committee notes the Government’s indication that it aims to continuously improve its labour market information system and has established a system to monitor the overall situation of employment and unemployment, supply and demand in the labour market, the employment of key groups and the employment situation of enterprises. The Committee notes, nevertheless, that the Government has not responded fully to the Committee’s previous comments on this point. The Committee requests the Government to provide updated statistics, disaggregated by sex, age and region concerning the size and distribution of the labour force, the type and extent of employment, unemployment and underemployment and trends both in urban and rural areas. It also reiterates its request that the Government provide information on measures taken or envisaged to improve the labour market information system, particularly with regard to the inclusion of indicators that capture additional factors, such as new or non-standard forms of employment and job creation through entrepreneurship development. The Committee also reiterates its request that the Government provide updated information on the manner in which the labour market information obtained is used in the formulation, evaluation, modification and implementation of active labour market measures.
Employment of young persons. The Government reiterates that it gives priority to the employment of young people, with an emphasis on college graduates. It refers to the implementation of a medium- and long-term youth development plan (2016–25), and to a series of proactive measures aimed at keeping youth employment stable. Policies and measures to promote employment through multiple channels are introduced on an ongoing basis and include incentives such as tax reductions and exemptions, loan interest subsidies and social insurance subsidies to encourage enterprises to hire young persons. In addition, the Government supports new employment modes and various flexible forms of employment. The Government also encourages college graduates to engage in work as volunteers. Since 2017, 127,000 college graduates have been selected to provide support for agricultural, educational and medical development in remote areas as well as assistance to alleviate poverty. The Government has also provided training to 26,400 college graduates participating in the Programme for College Graduates to “Be Volunteer Teachers and Doctors, Provide Assistance to Rural Areas and Alleviate Poverty”. In addition, the Government encourages entrepreneurship and innovation, providing young entrepreneurs with subsidies and guidance, as well as special funds for the development of small and medium-sized enterprises. From 2017 to 2020, 17.5 million young people started up their own businesses. From 2019, the Government implemented the Three-year Traineeship Programme for Millions of Young People, such as organizing unemployed graduates and other young people to go to enterprises to undergo supervised vocational training. From 2019 to 2020, a total of 950,000 young people underwent supervised vocational training. In 2019, there were 770 million employed people nationwide, of which 7.6 per cent were young people aged 16–24. The Committee requests the Government to continue to provide detailed information, including updated statistical information disaggregated by age, sex, region and area of economic activity, on the type and impact of labour market measures aimed at meeting the employment needs of young persons, especially college graduates and those belonging to target groups, such as rural youth, persons with disabilities and young migrant workers. The Committee requests the Government to provide information on the manner in which the measures increase the access of young persons to full, productive, freely chosen and lasting employment.
Employment of women. The Government once again reports one of its primary objectives is to promote women’s employment, offering targeted employment services and standardizing recruitment processes to prevent sexual discrimination and protect women’s right to equality of opportunity and treatment. In its response, the Government indicates that it is promoting the development of the tertiary industry suitable for the employment of women and new forms of green jobs that are suitable for flexible employment and working from home to create more jobs for women. The Government also indicates that it is providing support to enable women to start up their own businesses by strengthening start-up services and training. With respect to eliminating employment discrimination against women, the Government refers to the introduction of the Circular on Further Standardizing Recruitment Behaviour and Promoting Women’s Employment, which prohibits sex discrimination in the recruitment planning and placement process. The Committee notes the Government’s indication that more than 40 per cent of employed people in China are women, stating that in 2017, the number of women in employment nationwide (340 million), was double the number in 1978. In addition, the Government indicates that the scope of women’s employment has widened, with 48.6 per cent of women in professional and technical personnel positions in public sector enterprises and institutions of public sector, an increase of 9.5 percentage points since 1982. The Committee also notes a series of measures taken by the Government to promote participation of women in the labour market by improving childcare services. With respect to the different statutory retirement age provisions for men and women, the Committee notes the Government’s indication that it has adopted a policy of gradually raising the retirement age and that it will undertake consultations in this respect. Noting the Government’s references to promoting suitable employment for women, especially in the form of flexible employment and work from home, the Committee requests the Government to indicate the manner in which the principle of full, productive and freely chosen employment is promoted in the context of women’s employment. The Committee requests the Government to continue to provide detailed information, including updated statistical data, disaggregated by age, region and economic activity, on the impact of labour market measures taken to increase the labour force participation rate of women and address both vertical and horizontal occupational segregation. The Committee also requests the Government to provide information on progress made in expanding the provision of institutional childcare with a view to encouraging women’s participation in the labour market, as well as in establishing the same statutory retirement age for women and men.
Employment of migrant workers. The Government reports on measures taken to improve the employment situation of migrant workers, indicating that by the end of 2020, the number of migrant workers in China had reached 285.6 million, an increase from 281.71 million migrant workers in 2016. The Committee also notes that, pursuant to the Opinion on Further Promoting People Returning to Their Hometowns to Start Up Business or Starting Up Business in the Rural Areas and the Opinion on Promoting High-Quality Development of People Returning to Their Hometowns to Start Up Business or Starting Up Business in the Rural Areas, in 2020, a total of 10.1 million people, including returning migrants, returned to their hometowns to start up their own businesses. The Committee requests the Government to continue to provide information, including updated statistical information disaggregated by sex, age and region, on the nature and impact of measures taken to promote employment and job creation for migrant workers, including internal rural migrants.
Employment of rural workers. The Committee notes that the Government continues its efforts to enhance employment services and vocational skills training to promote rural employment and alleviate poverty in poorer rural areas of the country. The Government is also actively encouraging persons to return to their hometowns in rural areas to start their own business. The Government refers to a series of measures to alleviate poverty in rural areas, including relocation, increasing social welfare jobs and supporting enterprises to employ persons in poverty-stricken areas. It indicates that by the end of 2020, the number of poor labourers in employment stood at 32.43 million. The Committee requests the Government to provide updated statistical data on the employment situation and trends in rural areas. In addition, the Committee requests the Government to provide updated information on the nature and impact of measures taken to reduce regional disparities in terms of access to employment and employment-related services.
Persons with disabilities. The Committee notes with interest the series of measures taken by the Government to promote the employment of persons with different types of disabilities, including one-on-one employment support for college graduates with disabilities. The Government refers to the statistics available from the China Federation for Persons with Disabilities indicating that, from 2017 to 2019, 355,000 persons with certified disabilities in urban and rural areas found jobs, among which 131,000 persons were from urban areas and 224,000 from rural areas. In addition, 625,000 persons with disabilities in urban and rural areas received training. In 2018, 367,000 persons with certified disabilities in urban and rural areas found jobs, among which 118,000 persons were from urban areas and 249,000 were from rural areas. Also, 494,000 persons with disabilities received training in urban and rural areas. In 2019, 391,000 persons with certified disabilities in urban and rural areas found jobs, among which 122,000 persons were from urban areas and 269,000 were from rural areas. 407,000 persons with real names received training for disabled people in urban and rural areas. In 2020, 381,000 persons with certified disabilities in urban and rural areas found jobs, among which 132,000 persons were from urban areas and 249,000 persons from rural areas. 382,000 persons with real names received trainings for disabled people in urban and rural areas. The Committee requests the Government to continue to provide updated detailed information, including statistical data disaggregated by age, sex, urban/rural area and occupation, on the nature and impact of active employment measures taken to promote the employment of persons with mental and physical disabilities, particularly on the open labour market.
Strengthening employment services. The Government once again reports on measures taken to improve the quality and effectiveness of the public employment services, especially for college graduates and rural workers. The Government indicates that, from 2017 to 2020, a total of 217.102 million persons were registered for recruitment by employers, 144.449 million persons were registered as applicants, 71.652 million persons received vocational guidance services, 80.969 million persons received employment services and 80.969 million persons received entrepreneurship services. The Committee requests the Government to continue providing information on the operation of public employment services and private employment agencies and the impact of measures taken to improve and strengthen the public employment services and ensure effective cooperation between the public employment service and private employment agencies.
Development of small and medium-sized enterprises, entrepreneurship and new forms of employment for job creation. The Committee notes the Government’s indication that micro, small and medium sized (MSMEs) have played a significant role in stabilizing economic growth in China, accounting for 99.6 per cent of all market players, producing over 60 per cent of GDP, over 50 per cent of tax revenues and 80 per cent of jobs. The 2020 Assessment Report on the Development Environment of Small- and Medium-sized Enterprises concludes that the targeted measures and policies introduced by the Government during the pandemic are conducive to optimizing the development environment of small and medium-sized enterprises. These measures include advantageous taxation policies, reduction and deferred payment of old-age, medical, unemployment and employment injury insurance, subsidies for stabilizing employment and operation guarantee measures. The Government indicates that, by the end of 2018, there were more than 30 million small and medium-sized enterprises in China and more than 70 million micro-enterprises (including individually-owned businesses and rural cooperatives), and more than 54 million private businesses, with 80 per cent of urban jobs provided by SMEs. The Government encourages entrepreneurship by providing guaranteed loans and subsidies for start-ups, as well as exemption from and reduction of taxes and fees. From 2017 to 2020, a total of 17.5 million young people started up businesses. By the end of 2020, 10.1 million people returned to their home towns to start up businesses. The Committee notes that the Government promotes job creation through new forms of employment. In this respect, the Government refers to the Opinions on Supporting Flexible Employment through Multi-channels, issued by the General Office of the State Council in July 2020, indicating that it considers that flexible employment is an important measure to stabilise and secure employment. It adds that incentives are provided for self-employment and starting up businesses independently and encouraging the creation of part-time jobs, and platform-related employment. The Committee requests the Government to continue to provide information on the nature and impact of the measures taken to generate lasting employment and decent work through the promotion of micro-, small- and medium-sized enterprises and support for entrepreneurship. It also requests the Government to provide information on the measures taken or envisaged, in consultation with the social partners, in relation to supporting flexible employment, including information on the impact of these measures.
Vocational education and training. In response to the Committee’s previous comments, the Government reports that it has introduced lifelong vocational skills training system covering all workers in both rural and urban areas. The Committee notes the Government’s indication that it is undertaking measures to strengthen vocational education and training services available to jobseekers. The Government reports that, from 2017 to 2020, the number of students in technical colleges and schools in China remained above 3.3 million, the number of graduates remained above 900,000 and the employment rate remained above 97.5 per cent. The Government further indicates that unemployment insurance funds are spent on upgrading the vocational skills of insured workers, to enable workers to respond well to changes in the market by becoming more competitive. In 2018, 614,000 workers received upskilling subsidies from unemployment insurance funds. In 2019, after application requirements were relaxed, a total of 1,261 million workers benefited from upskilling subsidies. The Committee requests the Government to provide detailed information on the impact of education and training measures implemented on employment opportunities and on consultations held with the social partners in the development of education and training programmes that meet the needs of the labour market. It also reiterates its request that the Government transmit information on the manner in which coordination is ensured between human resource development policies and active labour market measures developed and implemented.
Article 3. Consultation with the social partners. The Committee notes the Government’s indication that it has taken measures to fully consider the interests and concerns of relevant parties, soliciting opinions from the public through the internet and other media, as well as holding press conferences and interviews. The Government also refers to the establishment of the Inter-ministerial Joint Meeting of the State Council on Employment, which was upgraded to the Leading Group for Employment (LGE) under the State Council in May 2019. The LGE is composed of 23 departments and units involved in employment, including the All-China Confederation of Trade Unions, the All-China Women’s Federation, the China Disabled Persons Federation and the All-China Federation of Industry and Commerce. Its tasks include coordinating work on national employment, working on related regulations, plans and policies, and pushing Government’s departments and local authorities to implement these. The Committee requests the Government to continue to provide information on the nature and outcome of consultations with the social partners and other stakeholders, including in the Leading Group on Employment in the development, implementation, monitoring and review of active employment labour market measures. It also requests the Government to provide information on consultations held with the representatives of the persons affected by the measures to be taken.

C122 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

With reference to its previous comments, the Committee recalls the observations made by the International Trade Union Confederation (ITUC) regarding the application of the Convention by the Government of China, received on 16 and 28 September 2020, and the additional observations made by the ITUC, received on 6 September 2021. The Committee also notes the Government’s reply received on 20 November 2020, which arrived too late to be examined in 2020, as well as the additional information in relation to the observations, provided by the Government in its report on the application of the present Convention, received on 30 August 2021. The Committee further notes elements from the Government’s report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) which are also relevant to the application of this Convention.
Article 1(1) and (2)(a)–(c) of the Convention. Active policy to promote full, productive and freely chosen employment. Allegations of discrimination and forced labour in the context of the Convention. The Committee refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). In the interest of coherence and transparency in its comments, considering both the allegations and the information in reply raise a close connection between employment policy, the free choice of employment of ethnic and religious minorities and their protection against discrimination in employment and occupation, the Committee presents the same synopsis of the information available in both comments.
In its observations of 2020 and 2021, the ITUC alleges that the Government of China has been engaging in a widespread and systematic programme involving the extensive use of forced labour of the Uyghur and other Turkic and/or Muslim minorities for agriculture and industrial activities throughout the Xinjiang Uyghur Autonomous Region (Xinjiang), in violation of the right to freely chosen employment set out in Article 1(2) of the Convention. The ITUC maintains that some 13 million members of the ethnic and religious minorities in Xinjiang are targeted on the basis of their ethnicity and religion with a goal of social control and assimilation of their culture and identity. According to the ITUC, the Government refers to the programme in a context of “poverty alleviation”, “vocational training”, “re-education through labour” and “de-extremification”.
The ITUC submits that a key feature of the programme is the use of forced or compulsory labour in or around “internment” or “re-education” camps housing some 1.8 million Uyghur and other Turkic and/or Muslim peoples in the region, as well as in or around prisons and workplaces across Xinjiang and other parts of the country.
The ITUC indicates that, beginning in 2017, the Government has expanded its internment programme significantly, with some 39 internment camps having almost tripled in size. The ITUC submits that, in 2018, Government officials began referring to the camps as “vocational education and training centers” and that in March 2019, the Governor of the Xinjiang Uyghur Autonomous Region described them as “boarding schools that provide job skills to trainees who are voluntarily admitted and allowed to leave the camps”. The ITUC indicates that life in “re-education centres” or camps is characterized by extraordinary hardship, lack of freedom of movement, physical and psychological torture, compulsory vocational training and actual forced labour.
The ITUC also refers to “centralized training centers” that are no re-education camps but have similar security features (e.g. high fences, security watchtowers and barbed wire) and provide similar education programmes (legal regulations, Mandarin language courses, work discipline and military drills). The ITUC adds that the re-education camps are central to an indoctrination programme focused on separating and “cleansing” ethnic and religious minorities from their culture, beliefs, and religion. Reasons for internment may include persons having travelled abroad, applied for a passport, communicated with people abroad or prayed regularly.
The ITUC also alleges prison labour, mainly in cotton harvesting and the manufacture of textiles, apparel and footwear. It refers to research according to which, starting in 2017, the prison population of Uyghurs and other Muslim minorities increased dramatically, accounting for 21 per cent of all arrests in China in 2017. Charges typically included “terrorism”, “separatism” and “religious extremism”.
Finally, the ITUC alleges that at least 80,000 Uyghurs and other ethnic minorities workers were transferred from Xinjiang to factories in Eastern and Central China as part of a “labour transfer” scheme under the name “Xinjiang Aid”. This scheme would allow companies to: (1) open a satellite factory in Xinjiang or (2) hire Uyghur workers for their factories located outside this region. The ITUC alleges that the workers who are forced to leave the Uyghur Region are given no choice and, if they refuse, are threatened with detention or the detention of their family. Outside Xinjiang, these workers live and work in segregation, are required to attend Mandarin classes and are prevented from practicing their culture or religion. According to the ITUC, state security officials ensure continuous physical and virtual surveillance. Workers lack of freedom of movement, remaining confined to dormitories and required to use supervised transport to and from the factory. They are subject to impossible production expectations and long working hours. The ITUC adds that, where wages are paid, they are often subject to deductions that reduce the salary to almost nothing. ITUC further adds that, without these coercively arranged transfers, Uyghurs would not find jobs outside Xinjiang, as their physical appearance would trigger police investigations.
According to the ITUC’s allegations, to facilitate the implementation of these schemes, the Government offers incentives and tax exemptions to enterprises that train and employ detainees; subsidies are granted to encourage Chinese-owned companies to invest in and build factories near or within the internment camps; and compensation is provided to companies that facilitate the transfer and employment of Uyghur workers outside the Uyghur Region.
In its 2021 observations, the ITUC supplements these observations with information, including testimonies from the Xinjiang Victims Database, a publicly accessible database which as of 3 September 2021 had allegedly recorded the experience of some 35,236 ethnic minority members forcibly interned by the Government since 2017.
The Government states that the right to employment is an important part of the right to subsistence and development, which constitute basic human rights. The Government indicates that, under its leadership, Xinjiang has made great progress in safeguarding human rights and development. It adds that people of all ethnic groups voluntarily participate in employment of their own choice, and that the ITUC has ignored the progress made in economic development, poverty alleviation, improvement of people’s livelihood and efforts to achieve decent work in Xinjiang.
With respect to the ITUC observations in relation to the use of forced labour, the Government emphasizes that these allegations are untrue and politically motivated.
The Government indicates that, pursuant to the Constitution, the State creates conditions for employment through various channels. The Employment Promotion Law (2007) stipulates that workers have the right to equal employment and to choose a job on their own initiative, without discrimination. Under the Vocational Education Law of 1996, citizens are entitled to receive vocational education and the State takes measures to develop vocational education in ethnic minority areas as well as remote and poor areas.
The Government indicates that residents of deeply poverty-stricken areas in southern Xinjiang have suffered insufficient employability, low employment rates, very limited incomes and long-term poverty. It states that eliminating poverty in Xinjiang has been a critical part of the national unified strategic plan to eradicate poverty by the end of 2020. The Government adds that it has eliminated absolute poverty, including in southern Xinjiang, thanks to government programmes such as the Programme for Revitalizing Border Areas and Enriching the People during the 13th Five-Year Plan Period (GUOBANFA No.50/2017) and the Three-Year Plan for Employment and Poverty Alleviation in Poverty-stricken Areas in the four prefectures of southern Xinjiang (2018–2020). The former programme had set development targets for nine provinces and autonomous regions, including Xinjiang, such as the lifting out of poverty of all rural poor and the continuous expansion of the scale of employment combining individual self-employment, market-regulated employment, government promotion of employment and entrepreneurship, and vocational training to increase the employability of workers. The latter programme laid the foundation for the XUAR government to provide dynamic, categorized and targeted assistance to people with employment difficulties and families where no one is employed, and create structured conditions for people to find jobs locally, to seek work in urban areas, or to start their own businesses.
The Committee also notes the Government’s assertion in its white paper on employment and labour rights in Xinjiang (2020) that it is finding “new approaches to eradicating poverty”. In its report, the Government indicates that its poverty eradication approach effectively prevents and strikes out at terrorism and extremism, and at the same time maintains social stability and improves people’s lives, with its impoverished population and poverty incidence markedly reduced. The Government expresses the view that Xinjiang has put into practice the “relevant policy measures of the national government” to implement the Decent Work Country Programme for China (2016–2020), thus ensuring “that people from all ethnic groups work in a decent environment with freedom, equality, safety, and dignity”. The Government further presents the view in its white paper on respecting and protecting the rights of all ethnic groups in Xinjiang that Xinjiang has provided “dynamic, categorized and targeted assistance to people with employment difficulties and zero-employment families so as to ensure that each family has at least one member in work”. Workers’ job preferences are fully respected, and “structured conditions” have been created for people to find jobs locally, to seek work in urban areas, or to start their own businesses. While promoting employment, Xinjiang guarantees “legitimate labour rights and interests in accordance with the law”.
The Government reports that the task of relocating the poor for the purpose of poverty relief has been completed, and that the production and living conditions of poor people have been greatly improved: the poverty incidence rate in the four poverty-stricken prefectures of Xinjiang dropped from 29.1 per cent in 2014 to 0.21 per cent in 2019. Between 2014 and 2020, the total employed population in Xinjiang grew from 11.35 million to 13.56 million, representing an increase by 19.4 percent. In the same period, an average of 2.8 million urban job opportunities were provided annually to the “surplus rural workforce”.
The Government is firm in its view that it fully respects the employment wishes and training needs of Xinjiang workers, including ethnic minorities. The Xinjiang Government regularly conducts surveys of labourers’ willingness to find employment and keep abreast of their needs in terms of employment location, job positions, remuneration, working conditions, living environment, development prospects and training needs. These surveys demonstrate that more urban and rural “surplus” workers hope to go to cities in northern Xinjiang or other more developed provinces and cities in other parts of the country, which offer higher wages, better working conditions and a better living environment. Ethnic minorities count on the government to provide more employment information and other public employment services to their members. The fact that ethnic minority workers go out to work is entirely voluntary, autonomous and free. According to the Government, the Three-Year Plan for southern Xinjiang explicitly refers to the “willingness for employment” and states that the wishes of individuals “who are unwilling to work due to health and other reasons” shall be fully respected, and that they will never be forced to register for training.
The Government stresses that language training for ethnic minority workers in Xinjiang is necessary to increase their language ability, and enhance their employability, and does not deprive them of the right to use their own language.
The Government also replies to the ITUC allegations that the Uyghur and other ethnic minorities in Xinjiang are not paid the applicable local minimum wage, indicating that the Labour Law of the People’s Republic of China stipulates that the minimum wage system applies across the country, although minimum wage standards may vary across administrative regions. As of 1 April 2021, the minimum wage in Xinjiang is divided into four grades: 1,900 yuan, 1,700 yuan, 1,620 yuan and 1,540 yuan. The Government considers reports that the wages of some migrant workers in Xinjiang are as low as US$114 (approximately 729 yuan) per month to be groundless, stating that the overwhelming majority of this information is taken from individual interviews and lacks clear sources of data or statistical information. In addition, the Government points out that the reports do not fully clarify whether the workers concerned are working less than the statutory working hours, in which case they would be paid less. The Government states that by going out to work, the actual income of many people is much higher than the minimum wage of Xinjiang.
The Government also reports that the local government of Xinjiang has put in place labour inspection systems for protecting the rights and interests of workers and addressing their reports and complaints concerning wage arrears, failure to sign labour contracts and other infringements. The Government indicates that it will take steps to further strengthen the supervision and inspection of employer compliance with minimum wage provisions, call on employers to respect the minimum wage standards and address violations.
The Government provides detailed information on its laws, regulations and policies regarding freedom of religion; equality among the 56 ethnic groups in China and for consolidating and developing unity between and within these groups.
The Government also replies to the ITUC allegations that the restrictions on the free choice of employment are aimed at alienating ethnic and religious minorities from their religion, culture and beliefs. It reports that China adopts policies securing freedom of religious belief; manages religious affairs in accordance with the law; adheres to the principle of independence from foreign countries and self-management; and actively guides religions to adapt to the socialist society so that religious believers may love their country and compatriots, safeguard national unity, ethnic solidarity, be subordinate to and serve the overall interests of the nation and the Chinese people. The Law of the People’s Republic of China on the Administration of Activities of Overseas Non-Governmental Organizations within China prohibits overseas NGOs from illegally engaging in or sponsoring religious activities. China’s Criminal Law, National Security Law, and Counter-Terrorism Law provide for the protection of citizens’ freedom of religious belief. The Counter-Terrorism Law of the People’s Republic of China states that China opposes all extremism that seeks to instigate hatred, incite discrimination and advocate violence by distorting religious doctrines or through other means, and forbids any discriminatory behaviour on the grounds of region, ethnicity and religion. The Regulations on Religious Affairs prohibit any organization or individual from advocating, supporting or sponsoring religious extremism, or using religion to undermine ethnic unity, divide the country, or engage in terrorist activities. According to the Government, China takes measures against the propagation and spread of religious extremism, and at the same time, carefully avoids linking violent terrorism and religious extremism with any particular ethnic group or religion.
The Committee takes due note of the ITUC allegations, the response and additional information provided by the Government and the various employment and vocational training policies as articulated in various recent “white papers” referred to by the Government in its report and other legal and policy documents referred to by United Nations human rights experts.
The Committee recalls that the Convention’s objective of promoting full employment does not require ratifying States to guarantee work for all who are available for and seeking work, nor does it imply that everyone must be in employment at all times (2020 General Survey on promoting employment and decent work in a changing landscape, paragraph 54). The Convention does, however, require ratifying States to promote freedom to choose one’s employment and occupation, as well as equal access to opportunities for training and general education to prepare for jobs, without discrimination on the basis of race, colour, national origin, religion or other grounds of discrimination covered under Convention No. 111 or other international labour standards such as the Vocational Rehabilitation and Employment (Disabled Persons) Convention, (No. 159).
In this context, the Committee notes that training facilities that house the Uyghur population and other Turkic and Muslim minorities separate them from the mainstream educational and vocational training, vocational guidance and placement services available to all other groups in the region throughout the country at large. Such separation may lead to active labour market policies in China being designed and implemented in a manner that generates coercion in the choice of employment and has a discriminatory effect on ethnic and religious minorities. Photographs of the facilities, equipped with guard towers and tall surrounding walls topped with barbed wire further reinforce the observation of segregation. The Committee has observed before that some workers from ethnic minorities face challenges in seeking to engage in the occupation of their choice because of indirect discrimination. For example, biased approaches towards the traditional occupations engaged in by certain ethnic groups, which are often perceived as outdated, unproductive or environmentally harmful, continue to pose serious challenges to the enjoyment of equality of opportunity and treatment in respect of occupation (general observation on Convention No. 111, 2019). The Committee addresses other aspects of the particular system for vocational training and education aimed at the de-radicalization of ethnic and religious minorities in its comment on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).
The Committee recalls that, while the Convention requires ratifying States to declare and pursue as a major goal an active policy designed to promote full, productive and freely chosen employment with the objective of stimulating economic growth and development and meeting manpower requirements, employment policy must also promote free choice of employment by enabling each worker to train for employment which can subsequently be freely chosen, in accordance with Article 1(2)(c) of the Convention.
Article 1(2)(c) provides that the national employment policy shall aim to ensure that “there is freedom of choice of employment and the fullest possible opportunity for each worker to qualify for, and to use his skills and endowments in, a job for which he or she is well suited, irrespective of race, colour, sex, religion, political opinion, national extraction or social origin”. In its 2020 General Survey on promoting employment and decent work in a changing landscape, paragraphs 68–69, the Committee noted that “the objective of freely chosen employment consists of two elements. First, no person shall be compelled or forced to undertake work that has not been freely chosen or accepted or prevented from leaving work if he or she so wishes”. Second, all persons should have the opportunity to acquire qualifications and to use their skills and endowments free from any discrimination. Moreover, the Committee recalls that the prevention and prohibition of compulsory labour is a condition sine qua non of freedom of choice of employment (2020 General Survey, paragraph 70).
The Committee notes the Government’s statement that the ITUC observations are based on individual statements and are unsubstantiated; however, it notes that the ITUC observations also append additional sources containing statistical data; references to first-hand testimonies, testimonies of eyewitnesses, family and relatives; research papers; and photographs of vocational training and education centres.
The Committee also notes that, on 29 March 2021, a number of United Nations human rights experts (including Special Rapporteurs and thematic working groups mandated by the UN Human Rights Council) expressed serious concern with regard to the alleged detention and forced labour of Uyghur and other Turkic and/or Muslim minorities in Xinjiang. The UN experts indicate that Uyghur workers have been held in “re-education” facilities, with many also forcibly transferred to work in factories in Xinjiang. They further indicate that Uyghur workers have allegedly been forcibly employed in low-skilled, labour-intensive industries, such as agribusiness, textile and garment, automotive and technological sectors.
The Committee recognizes and welcomes the strong commitment of the Government to the eradication of poverty. However, it is the Committee’s firm view that poverty eradication and the realization of the right to work to that end encompasses not only job placement and job retention but also the conditions under which the Government executes such placement and retention. The Convention does not only require the Government to pursue full employment but also to ensure that its employment policies do not entail any direct or indirect discriminatory effect in relation to recruitment, conditions of work, opportunities for training and advancement, termination, or any other employment-related conditions, including discrimination in choice of occupation.
The Committee is of the view that at the heart of the sustainable reduction of poverty lies the active enhancement of individual and collective capabilities, autonomy and agency that find their expression in the full recognition of the identity of ethnic minorities and their capability to freely and without any threat or fear choose rural or urban livelihoods and employment. The obligation under the Convention is not to guarantee job placement and retention for all individuals by any means available but to create the framework conditions for decent job creation and sustainable enterprises.
The Committee takes due note of the view expressed in the Government’s report that “some forces recklessly sensationalize the so-called “forced labour” issue in Xinjiang on various occasions”, adding that this is “nothing but a downright lie, a dirty trick with ulterior motives”. The Committee is bound to observe, however, that the employment situation of Uyghurs and other Muslim minorities in China provides numerous indications of coercive measures many of which arise from regulatory and policy documents.
The Government’s references to significant numbers of “surplus rural labour” being “relocated” to industrial and agricultural employment sites located inside and outside Xinjiang under “structured conditions” of “labour management” in combination with a vocational training policy targeting de-radicalization of ethnic and religious minorities and at least in part carried out in high-security and high-surveillance settings raise serious concerns as to the ability of ethnic and religious minorities to exercise freely chosen employment without discrimination. Various indicators suggest the presence of a “labour transfer policy” using measures severely restricting the free choice of employment. These include government-led mobilization of rural households with local townships organizing transfers in accordance with labour export quotas; the relocation or transfer of workers under security escort; on-site management and retention of workers under strict surveillance; the threat of internment in vocational education and training centres if workers do not accept “government administration”; and the inability of placed workers to freely change employers.
The Committee urges the Government to provide detailed updated information on the measures taken or envisaged to ensure that its national employment policy effectively promotes both productive and freely chosen employment, including free choice of occupation, and effectively prevents all forms of forced or compulsory labour. In addition, the Committee requests the Government to take immediate measures to ensure that the vocational training and education programmes that form part of its poverty alleviation activities focused in the Uyghur Autonomous Region are mainstreamed and delivered in publicly accessible institutions, so that all segments of the population may benefit from these services on an equal basis, with a view to enhancing their access to full, productive and freely chosen employment and decent work. Recalling that, under the Employment Promotion Law (2007) and the Vocational Education law (1996), workers have “the right to equal employment and to choose a job of their own initiative” and to access vocational education and training, respectively, the Committee asks the Government to provide detailed information on the manner in which this right is effectively ensured, particularly for those belonging to the Uyghur minority and other Turkic and/or Muslim minorities. The Government is also requested to provide detailed information, including disaggregated statistical data, on the nature of the different vocational education and training courses offered, the types of courses in which Uyghur minorities have participated, and the numbers of participants in each course, as well as the impact of the education and training on their access to freely chosen and sustainable employment.
Article 3 of the Convention. Consultation. The Committee requests the Government to indicate the manner in which representatives of workers and employers organizations were consulted with respect to the design, development, implementation, monitoring and review of the active labour market measures being taken in the Uyghur Autonomous Region. In addition, and given the focus of the active labour market measures on the Uyghur and other Turkic/Muslim minorities, the Committee requests the Government to indicate the manner in which the representatives of these groups have been consulted, as required under Article 3.
The Committee is raising other matters in a request addressed directly to the Government.

C138 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 2(3) of the Convention. 1. Compulsory schooling. The Committee previously noted the provisions under the Compulsory Education Act, 2015 which exempted tuition fee and miscellaneous fees for students in compulsory education (section 2). It also noted that according to Circular No. 67 of 2015, textbooks shall be provided free of charge and that subsidies for living expenses shall be provided to students from impoverished families. The Committee, however, noted from a joint report by the UNICEF, the United Nations Population Fund and the National Bureau of Statistics of China named “Population Status of Children in China in 2015: Facts and Figures”, that 3.6 per cent of children aged 6 to 17 years failed to receive or complete compulsory education, of which 61.5 per cent children were in rural areas, while 5.4 per cent were in poverty-stricken areas.
The Committee notes the information provided by the Government in its report concerning the circulars and guidelines issued from 2017 to 2020, including on strengthening the control of school drop-outs; strengthening the construction of rural small-scale schools and township boarding schools; and further improving the quality of compulsory education. The Ministry of Education issued the Interim Measures for Supervising and Assessing the Balanced Development of Compulsory Education in Counties, which established a system for supervising and assessing the essential balance of compulsory education in counties and controlling dropouts and ensuring that all school-age children receive compulsory education free of charge. It also notes the Government’s information that by the end of 2020, 2,809 counties nationwide had achieved basic balance in compulsory education development, and 26 provinces as a whole had passed the evaluation and recognition criteria. In 2019, there were 154 million students enrolled in 213,000 schools nationwide. The Government further states that the national nine-year compulsory education consolidation reached 94.8 per cent achieving the goal of reaching 95 per cent as set out in the China Child Development Programme (2011-2020). Moreover, the net enrolment rate of primary school-age children reached 99.94 per cent, and the gross enrolment rate at the junior high school level was 102.6 per cent. The Committee however, notes from the official Website of the Ministry of Education that in 2019 primary schools across the country enrolled 18,690 million pupils, indicating an increase in the enrolment at urban primary schools by 4.5 per cent, while rural primary schools’ enrolment dropped by 2.6 per cent. In this regard, the Committee notes that in its Concluding Observations of September 2018, the Committee on the Elimination of Racial Discrimination expressed concern at the reports that ethnic minority children living in rural areas have unequal access to quality education owing to various factors, including long distances from homes to schools (CERD/C/CHN/CO/14-17, paragraph 23). The Committee therefore encourages the Government to continue its efforts to ensure that, in practice, all children have access to free compulsory education, paying particular attention to children from rural and poor urban areas. It also requests the Government to continue to provide information on any progress made and results achieved in this regard.
2. Compulsory education for children of internal migrant workers. The Committee previously noted the State Council Opinion on promoting the reform of integration of compulsory education in urban and rural areas (No. 40 of 2016). It, however, noted the Government’s statement that in some big cities such as Beijing, Shanghai, Guangzhou and Shenzhen, due to the discrepancy between the large number of migrant children and limited local education resources, local governments developed specific admission policies for migrant children, which prevented a limited number from receiving compulsory education. The Committee requested the Government to strengthen its efforts to ensure that the children of migrant workers have equal access to compulsory education.
The Committee notes the Government’s information that following the reforms to the household registration system (hukou system), the policy of enrolling children who have moved to cities or towns with the family on the basis of their residence permits has been established. At present, all provinces (autonomous regions and municipalities) in China have introduced measures for the implementation of residence permits, which stipulate that the holders of residence permits should receive compulsory education, including all children who have moved with their parents to new places. Special notices were issued urging all localities to improve and refine the admission policies for children who have moved along with their parents, optimize and simplify the admission process, review and reduce unnecessary certification materials, and lower the threshold for admission. The Government indicates that in 2020, 14,297 million children of migrant workers received compulsory education nationwide of whom 85 per cent studied in public schools. The construction of rural boarding schools is progressing and priority is being given to meeting the accommodation needs of left-behind children (children who remain in rural areas while their parents migrate to the cities for work). The Committee strongly encourages the Government to pursue its efforts to ensure that the children of migrant workers have equal access to compulsory education and to continue to provide information on any progress made and results achieved.

C138 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 3(1) of the Convention. Hazardous work performed through work–study programmes. The Committee previously noted from the report on the labour protection of interns in Chinese textile and apparel enterprises, carried out with ILO assistance, that 52.1 per cent of interns continue to work in conditions that do not meet national minimum standards for labour protection, and 14.8 per cent of interns are engaged in involuntary and coercive work. It noted with concern that a significant number of schoolchildren continued to engage in hazardous work within the context of work–study programmes. The Committee also noted the adoption of the Regulations on the Management of Student’s Internship in Vocational Schools (Management Regulations) in 2016, which protect the basic rights of internship students and establishes penalties for violations thereof. The Committee requested the Government to take the necessary measures to ensure the effective application of the Management Regulations, and to provide statistical information concerning the number and nature of infringements detected, as well as the specific penalties applied.
The Committee notes the Government’s information, in its report that it has increased its efforts in disseminating the Management Regulations and strengthened information campaigns, through the Internet, WeChat and school information campaigns, so that more students and parents are aware of the rights and interests that students should enjoy during their internship, hence reducing the possibility of illegal practices. The Ministry of Education, in conjunction with relevant departments, ensures the effective implementation of the Management Regulations, including by strengthening institutional cooperation and supervision and inspection. In this regard, key inspections were conducted in 2017 on the work carried out in schools and internship entities in ten provinces and autonomous regions. In 2021, a circular was issued to conduct a comprehensive survey of typical problems with internships in vocational colleges and schools, and to strictly implement relevant rules and regulations. Other circulars concerning (i) reporting violations on internship regulations; (ii) improving and supporting policies related to internship training; and (iii) strengthening and standardizing the management of internships were also issued. Moreover, a hotline specifically dedicated to offer advice on internship management for students of vocational institutions, suggestions and responses to related issues reported, was established. The Committee requests the Government to continue taking effective measures to protect the rights of the students participating in work-study programmes and to ensure that such students are not engaged in hazardous, involuntary and coercive work. It requests the Government to continue providing information on the measures taken in this regard, including the effective implementation of the Management Regulations and other circulars issued in this regard. Finally, the Committee requests the Government to provide information on the outcome of the inspections conducted in schools and internship entities, including statistical information on the number and nature of infringements detected, as well as the specific penalties applied.
Article 8. Artistic performances. The Committee previously noted that section 13(1) of the 2002 Regulations Banning Child Labour provides that organizations for performing arts and sports may recruit professional artists and athletes under the age of 16 years upon consent from their parents or legal guardians. According to the report from the 2013 ILO technical assistance mission, there were 2.01 million performances in China in 2012, including 13,000 registered performing groups, half of which included children. It also noted the Government’s indication that according to the working rules of school art education (Ministry of Education Order No. 13 of 2002), no entities or schools shall organize students to participate in any commercial artistic activities or commercial celebration activities. However, the Government indicated that as this internal working rules lacked wider legal effect, the Ministry of Education was making efforts to incorporate it into the legislative process. The Committee requested the Government to take the necessary measures to enact national legislation that is in conformity with Article 8 of the Convention by specifying that children employed in artistic performances are permitted to do so on the basis of individual permits granted by the competent authority.
The Committee notes the Government’s information that section 15 of the Labour Law was amended in December 2018 to state that “Art, sports and special-skill units that plan to recruit juveniles under the age of 16 shall comply with the relevant provisions of the state and guarantee the right of the employed to receive compulsory education.” The Government also indicates that this amendment abolishes the administrative approval procedures; reduces unnecessary prior approvals; strengthens the responsibility of employing units to comply with the relevant employment related laws and regulations; and focuses on post-recruitment monitoring and investigation. The Government also indicates that Chinese cultural and sports talents are trained by the professional school education system and that in 2021, 1,172 professional faculties of culture and art in secondary vocational schools nationwide have been registered, involving 629 vocational schools. Moreover, with regard to athletic performances, the Measures for the Administration of Sports Schools for Children and Adolescents stipulates that sports schools should ensure that: (i) the students complete the nine-year compulsory education courses; (ii) the students should be trained scientifically and systematically in accordance with the national youth teaching and training programme; and that (iii) the training time per day should be limited to 2.5 hours in principle. The Committee however observes that the amendments to section 15 of the Labour Law concerning the recruitment of juveniles under 16 years by art, sports and special units do not contain the requirement of granting of individual permits for children participating in artistic and sports activities as required by Article 8 of the Convention.
While taking note of the Government’s information, the Committee notes with regret that, despite its reiterated comments for many years, the Government has not taken any measures to establish, in law and in practice, the system of granting individual permits for artistic performances by young persons under the age of 16 years. In this regard, the Committee once again recalls that, by virtue of Article 8 of the Convention, children below the minimum age of admission to employment or work of 16 years, who are employed in artistic activities, shall do so on the basis of individual permits granted by the competent authority. Moreover, permits so granted shall limit the number of hours during which and prescribe the conditions in which such employment or work is allowed. The Committee therefore urges the Government to take the necessary measures to ensure the establishment of a system of individual permits for children under 16 years of age who are engaged in artistic and sports activities and to regulate such activities in accordance with Article 8 of the Convention. It requests the Government to provide information on any measures taken in this regard as well as information on the number of children under 16 years who currently participate in artistic and professional sports activities, and who fall within the exception provided for by section 13(1) of the 2002 Regulations Banning Child Labour.
Article 9(1). Labour inspectorate and penalties. The Committee previously noted that labour security advisers from trade unions and other institutions monitor the compliance of employers with national labour laws and regulations. The Government indicated that the labour inspectorate carries out law enforcement activities jointly with the departments of public security, industry and commerce, administration of work safety and public health, with regard to child labour. The Committee noted with regret the Government’s statement that the data on investigations and penalties regarding child labour was considered confidential and hence could not be provided. However, it noted that according to the Measures on the Disclosure of Major Labour Violations to the Public (MoHRSS Order No. 29 of 2016), the Department of Human Resources and Social Security must publish the cases of major labour violations which have been investigated and closed, including the violations of the Regulations Banning Child Labour, among others (section 5(5)). The Committee requested the Government to provide the relevant data in this regard.
The Committee notes the Government’s information that in March 2021, the “Trial Measures for Trade Union Supervision over Labour Law Enforcement” were issued to further strengthen their supervision work in the area of labour laws, with focus on the use of child labour. The Government also indicates that currently there are 26,000 full time labour inspectors in China. The Committee further notes the statistical information provided by the Government concerning the employment of young persons aged 16 years and above which indicates that 1.2 per cent of the 775.86 million people employed in China are persons between 16 and 19 years of age. In this regard, the Committee notes that the United Nations Special Rapporteur on extreme poverty and human rights on his mission to China, in its report of March 2017 indicated that “the data-collection process in official surveys lacks transparency. Beyond references to household surveys, detailed information on sources and collection procedures is sparse. Expert interlocutors pointed to examples of negative data being withheld from publication”. (A/HRC/35/26/Add.2, paragraph 29). The Committee therefore once again urges the Government to take the necessary steps to ensure that sufficient and accurate data on the situation of working children in China is made available, including, for example, data on the number of children and young persons below the minimum age of 16 years who are engaged in economic activities, and statistics relating to the nature, scope and trends of their work. It also once again requests that the Government provide information on the number and nature of violations detected by the labour inspectorate and the trade unions, and the penalties imposed.
The Committee is raising other matters in a request addressed directly to the Government.

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Plan of Action against Human Trafficking 2021–2030. The Committee notes the Government’s information in its report that the General Office of the State Council issued China’s Plan of Action against Human Trafficking 2021-2030. This plan of action aims to establish a work pattern featuring government responsibility, inter-departmental coordination, social synergy, citizen participation, and optimization of a long-term mechanism against human trafficking that integrates prevention, combating, assistance and rehabilitation. The Committee requests the Government to provide information on the measures taken within the framework of the Plan of Action against Human Trafficking 2021-2030 to prevent and combat the trafficking of children under 18 years and the results achieved.
2. Commercial sexual exploitation of children. The Committee previously noted the Government’s indication that child victims of prostitution aged 14 to 18 years are reintegrated into education and that the Government collaborated with educational departments and women’s federations to raise awareness and promote the smooth reintegration of these children. The Committee requested the Government to provide information on the programmatic measures taken to combat the use, procuring or offering of children, including boys, for the purpose of prostitution, pornography or pornographic performances.
The Committee notes the Government’s information that the Child Development Outline of China for 2011-2020 specifies strategies and measures that include strengthening the comprehensive management of social security to severely crack down on criminal acts involving children as well as using, organising or luring children to commit crimes, including prostitution. It also notes that the Cyberspace Administration of China, the Ministry of Culture and Tourism and the National Radio and Television Administration jointly issued the Administrative Provisions on Online Audio-visual Information Services (No.3 of 2019), and the Guiding Opinions on Strengthening the Standardized Management of Webcasting (No.3/2021). The former prohibits the use, by organization or individuals, of online audio and video information services and related information technology to engage in activities prohibited by laws and regulations, including the production, publication and dissemination of pornography. The latter, stipulates that the network anchors shall not engage in activities prohibited by laws and regulations such as spreading obscene and pornographic information and online live streaming platforms by minors. The Committee requests the Government to continue providing information on the measures taken to combat the use, procuring or offering of children for the purpose of prostitution, pornography or pornographic performances and their impact.
Article 7(1). Penalties. Forced labour. The Committee previously noted that section 244 of the Criminal Law establishes penalties of imprisonment of not more than three years or criminal detention and a fine; or if the circumstances are serious, imprisonment of not less than three years but not more than ten years and a fine, for cases of forced labour, including cases in which the perpetrator knowingly recruits or transports a workforce for any other person to commit the act as mentioned or otherwise assists in forcing any other person to work.
The Committee notes the Government’s statement that the number of forced labour cases involving minors has continued to be low. According to the Government’s report, from June 2017 to May 2021, the procuratorial organs nationwide approved the arrest of six persons in six cases of forced labour involving minors and initiated public prosecutions against 23 persons. The Committee also notes the Government’s reference to a case related to organising and controlling minors to conduct illegal activities through restricting their freedom, beating and coercion, in which the five accused were convicted and sentenced to - imprisonment ranging from one to six years and fines from CNY5000 (approximately USD780) to CNY50,000. The Committee requests the Government to pursue it efforts to ensure that thorough investigations and prosecutions are carried out against persons who engage children under the age of 18 years in forced labour and that sufficiently effective and dissuasive sanctions are imposed. It also requests the Government to continue providing information on the number of persons investigated, convicted and sentenced as well as the penal sanctions imposed in this regard.
Article 7(2). Effective and time-bound measures. Clause (d) Identifying and reaching out to children at special risk. 1. Street children and children involved in begging. The Committee previously noted the Government’s information concerning the implementation of a special programme to help street children to return to school which resulted in 16,500 children receiving assistance in 2016. It also noted that a series of normative documents were formulated to further strengthen police presence and improve the procedures of rescue, assistance and special services to street children.
The Committee notes the Government’s information that State Council approved the establishment of an inter-ministerial joint conference system for the relief and management of vagrants and beggars, to strengthen coordination among various departments. The Government indicates that there are 1,556 relief agencies for vagrants and beggars nationwide, which provide minors with services and protective measures, conduct psychological counselling and needs assessment, and assist in providing compulsory education, alternative education and other services. According to the Government’s report, from 2017 to 2020, assistance was provided to 278,000 vagrant minors thereby ensuring their personal safety and legitimate rights and interests. In addition, more than 8,000 vagrant minors whose identity could not be ascertained were assisted in returning to their families. The Committee further notes the Government’s detailed information on the establishment of various policies and mechanisms to identify possible cases of trafficking of vagrants and beggars and to help them return home. Furthermore, in the context of the COVID-19 pandemic, ten departments, including several ministries and organisations, countersigned the Opinions on the Relief and Protection of Minors Lacking Custody Due to Emergencies (MINFA No.5/2021) to ensure the necessary life care measures for minors lacking custody or who have fallen into difficulties due to the impact of unexpected events. The Committee requests the Government to continue its efforts to protect street children and children involved in begging and to provide information on the measures taken in this regard and on the number of children rescued and provided with assistance.
2. Child domestic workers. The Committee previously noted that, according to the ILO document entitled “Situational Analysis of Domestic Work in China” of 2009 (ILO Situational Analysis), there were approximately 20 million domestic workers in China, which could include children from the age of 16 years. The Committee noted the Government’s information concerning the activities undertaken by the Ministry of Human Resources and Social Security to strengthen the implementation and supervision of laws to protect child domestic workers. The Committee requested the Government to provide information on the detection of any cases of child domestic workers.
The Committee notes the Government’s information that in the course of supervision and law enforcement, human resources and social security departments at all levels did not find any illegal acts involving the use of child labour in domestic services. The Committee requests the Government to continue to monitor the implementation and supervision of laws protecting child domestic workers and to provide information in this regard.

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 3(a) of the Convention. Worst forms of child labour. Sale and trafficking of children. In its previous comments, the Committee noted that section 240 of the Criminal Law of 1997 prohibits trafficking in women and children. However, it noted that section 9 of the Judicial Interpretation No. 28 of 2016 on the effective application of the laws regarding trafficking in women and children, referred to children under section 240 of the Criminal Code as persons under 14 years of age. The Committee therefore requested the Government to indicate the measures taken or envisaged to protect boys aged 14 to 18 years from trafficking.
The Committee notes the Government’s information in its report that the Criminal Law of China adopts a multi-crime decentralized legislative model to protect citizens from trafficking, namely (i) crimes related to the sale and trafficking of women and children for labour or sexual exploitation; (ii) the crime of forced labour; (iii) the crime of luring, organizing or forcing into prostitution or the production and dissemination of pornography; and (iv) the crime of engaging children in hazardous work. Referring to the definition of a child as “persons under the age of 14 years” and regarding the protection of boys from 14 to 18 years from trafficking, the Government states that in China, the vast majority of trafficking of children occurs around the age of six years for illegal adoption. In judicial practice, trafficking of boys over the age of 14 is rare. If boys aged 14–18 are trafficked for forced labour or prostitution, the perpetrators can be held criminally responsible for other related crimes under the Criminal Law of China, and the punishment is relatively heavier. In this regard, the Committee recalls that the Convention applies to all children under 18 years of age and that the prohibition of child trafficking must extend to boys and girls (paragraph 450 of the General Survey on the fundamental Conventions, 2012). The Committee therefore requests the Government to indicate the provisions in the national legislation that establish penalties for the offences related to the sale and trafficking of boys aged 14–18 years.
Articles 5 and 7(1). Monitoring mechanisms and penalties. Sale and trafficking of children. The Committee notes the Government’s information that the Supreme People’s Court, in conjunction with the Supreme People’s Procuratorate and the Ministry of Public Security, continues to carry out special crackdowns on crimes of trafficking in women and children, effectively curbing the high incidence of such crimes. The Government indicates that the number of such cases accepted by the People’s Court has been declining year by year. Since 2021, the public security organs have launched an operation named “Reunion”, making an all-out effort to resolve cases of child trafficking, arrest suspects and search for children who were trafficked. The Government further indicates that in 2018, 30 people were prosecuted in a mega case of transnational child trafficking in Yunnan Province. In 2020, the Supreme People’s Procuratorate guided the handling of a series of child trafficking cases in southeast Hubei province and identified more than 20 cases of trafficking in children. Furthermore, according to the statistical information provided by the Government, in 2020, the People’s Courts at all levels across the country examined 546 cases of trafficking in women and children. Of the 1,103 defendants convicted of trafficking in women and children, 55.94 per cent were sentenced to imprisonment of more than five years. The Committee requests the Government to continue to provide information on the investigations, prosecutions and penalties applied, in particular the data concerning the sale and trafficking of children under 18 years for labour and sexual exploitation.
The Committee is raising other matters in a request addressed directly to the Government.

MLC, 2006 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that China has not submitted a declaration of acceptance of the amendments to the Code of the Convention approved in 2014 by the International Labour Conference and is therefore not bound by these amendments. Recalling its 2016 general observation, the Committee encourages the Government to accept the 2014 amendments. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2016 and 2018 entered into force for China on 8 January 2019 and 26 December 2020, respectively. Based on its second review of the information and documents available, the Committee draws the Government’s attention to the following issues.
Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers' Federation (ITF) and of the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and on 4 October 2021, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.
Article II, paragraph 1(f) and 2. Definitions and scope of application. Seafarers. In its previous comments, the Committee noted the different definitions of “crew” and “seafarer” contained in the Announcement of the Ministry of Transport and the Ministry of Human Resources and Social Security on the Implementation of the Maritime Labour Convention, 2006 (hereinafter the Announcement on implementation of the MLC, 2006) and the Regulations of the People’s Republic of China on Seafarers (hereinafter, Regulations on seafarers). It requested the Government to indicate how it ensures that seafarers in charge of general and complementary services not directly related to navigation are also considered seafarers for the purpose of the Convention. The Committee notes the Government’s indication that, according to section 31 of the Maritime Law of the People’s Republic of China (Maritime Law), the term “crew” means the entire complement of the ship, including the shipmaster. The Committee requests the Government to indicate how the other national provisions giving effect to the Convention cover every seafarer as defined under Article II, paragraph 1(f).
Article II, paragraphs 1(i) and 4. Definitions and scope of application. Ships. National navigation. Coastal navigation and sheltered waters. In its previous comments, noting that the Regulations of the People’s Republic of China on the Working and Living Conditions of Seafarers (hereinafter, Regulations on seafarers’ conditions) only apply to seafarers working on board Chinese-flagged ships engaged in international navigation, the Committee requested the Government to indicate how it implements various provisions of the Convention with regard to seafarers working on ships engaged in national navigation. The Committee also requested the Government to provide information on the meaning of “waters with similar characteristics” in the Domestic Navigation Ship Inspection Technical Regulations in the context of the exclusion from the application of the requirements of Regulation 3.1. The Committee notes the Government’s information that section 2 of the Regulations on seafarers’ conditions, as amended, stipulates that these measures shall apply to the working and living conditions of seafarers on Chinese-flagged ships for both international and domestic “coastal” navigation. The Committee also notes the Government’s information that, according to General rule 13.1(4) of the Domestic Navigation Ship Inspection Technical Regulations, “sheltered navigation area” refers to an area of the sea surrounded by coasts and islands with good shielding conditions and small waves, where the distances between islands and between islands and coasts shall not exceed 10 miles. The Government indicates that it has adopted an examination-and-approval-based approach for the division of sheltered navigation areas. General rule 13.2 of the same Regulations specifies that the specific division of each sheltered navigation area shall be reported by the ship inspection agency to the competent authority for examination and approval. The Government further specifies that the expression “waters with similar characteristics” refers to waters featuring sheltered navigation areas or that of similar characteristics, but not yet finally approved and determined by the competent authority. The Committee requests the Government to provide information on the number of ships excluded from the application of the Convention pursuant to Article II, paragraph 1(i).
Article III. Fundamental rights and principles. In its previous comments, the Committee noted that China has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). It requested the Government to provide information on the national provisions ensuring the right to freedom of association and the protection against acts of anti-union discrimination in respect of employment. The Committee notes the information provided by the Government on the legislation regulating freedom of association and the right to collective bargaining, as well as on collective agreements covering Chinese seafarers. The Committee takes note of this information.
Regulation 1.1 and Standard A1.1, paragraphs 2–4. Minimum age. Night work and hazardous work for cadets. Noting that the Regulations on seafarers’ conditions (which contain provisions on the work of trainees in compliance with the Convention) only applied to seafarers working on board ships engaged in international navigation, the Committee requested the Government to indicate the measures implementing Standard A1.1, paragraphs 2–4 with regard to trainees working on board Chinese ships engaged in national navigation. The Committee notes the Government’s information that the Regulations on seafarers’ conditions, as amended, also apply to domestic coastal navigation vessels. The Committee takes note of this information.
Regulation 1.4 and the Code. Recruitment and placement. The Committee previously noted that under section 43 of the Regulations on seafarers’ conditions, crew service agencies may not charge seafarers for providing employment opportunities, except for seafarers who obtain health certificates, passports or other travel documents and other fees required by national legislation. It requested the Government to provide details on the scope of “other fees”. The Committee notes the Government’s information that: i) sections 36 and 37 of the Regulations on Seafarers stipulate that an institution engaging in the dispatch of seamen may undergo the relevant formalities for applying for participating in training, taking examinations and receiving certificates on behalf of seamen, and shall publicize its services and corresponding charging rates; and ii) section 63 of the same Regulations stipulates that, in order to apply for taking examination for the seamen’s certificate of competence, one shall pay examination costs in accordance with the relevant provisions of the State. The Committee takes note of this information.
Regulation 2.1 and Standard A2.1, paragraph 1(b). Seafarers’ employment agreement. Examination and advice before signing. In its previous comments, the Committee requested the Government to indicate the legislative measures adopted to implement Standard A2.1, paragraph 1(b). The Committee notes the Government’s information that section 41 of the Regulations on Seafarers’ Conditions stipulates that an employment agreement shall be reached by the shipowner and the seafarer through consultation and shall come into force after both parties sign or seal the agreement. The Government states that in China, the pre-signature consensus embodies the fact that both parties have the opportunity to review and consult on the content before signing. While noting that there are not national provisions giving effect to this requirement of the Convention, the Committee requests the Government to adopt the necessary measures to fully comply with Standard A2.1, paragraph 1(b).
Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. In its previous comments, the Committee, noting that the seafarer’s service record supplied by the Government included a field on “performance evaluation”, requested the Government to indicate the measures taken to ensure full compliance with Standard A2.1, paragraphs 1(e) and 3. The Committee notes the Government’s information that, according to the Announcement on Items Recorded in the Crew Service Book (Announcement No. 2 of the Maritime Safety Administration, 2013), the shipowner is required to delete as of today the column “Job Performance” in the Crew Service Book. The Committee requests the Government to provide a copy of such Announcement.
Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. The Committee previously requested the Government to indicate the measures taken to fully comply with Standard A2.1, paragraph 6. The Committee notes the Government’s information that sections 36–38 of the Labour Law of the People’s Republic of China explicitly stipulate that, where the employing unit forces the labourer to work by resorting to acts in serious violation of the law, the labourer may terminate the labour contract at any time without prior notice. Noting that the provisions cited by the Government do not address the requirement of Standard A2.1, paragraph 6, the Committee requests the Government to take the necessary measures to ensure that the need of the seafarer to terminate without penalty the seafarer’s employment agreement on shorter notice or without notice for compassionate or other urgent reasons is taken into account by relevant legislation and collective agreements.
Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and Standard A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. In relation to the 2018 amendments to the Code, the Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; (b) how are the terms piracy and armed robbery against ships defined under national legislation? (Standard A2.1, paragraph 7); and (c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7). The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions.
Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours standard. In its previous comments, the Committee requested the Government to provide information on the normal working hours’ standard for seafarers over 18 years. The Committee notes the Government’s indication that section 36 of the Labour Law provides for a working hour system under which labourers shall work for no more than eight hours a day and no more than 44 hours a week on the average. Section 38 provides that the employer shall guarantee that employees have at least one day off in a week. The Government indicates that it practices both standard working hour system and comprehensive working hour calculation system for “the majority of Chinese seafarers”. In accordance with the Labour Law and other laws and regulations, seafarers under the standard working hour system shall work for no more than eight hours a day and no more than 40 hours a week on the average, have at least one day off in a week and overtime work shall not exceed three hours a day and thirty-six hours a month. The Government further indicates that seafarers who are authorized to adopt the comprehensive working hour calculation system shall have the same total actual working hours as those under the statutory standard working hour system within the comprehensive working hour period (week, month, quarter and year). At the same time, enterprises should adopt appropriate arrangements by which seafarers follow the same work and rest schedule and adopt flexible working hours to ensure the right to rest and leave of the seafarers under the comprehensive working hour calculation system. The Committee requests the Government to clarify whether for seafarers under the statutory standard working hour system and those under the comprehensive working hour calculation system, hours worked in excess of the normal hours of work are charged with overtime compensation. Noting that the Government refers to Chinese seafarers, the Committee requests the Government to confirm whether the same working time system applies to all seafarers working on board Chinese-flagged ships regardless of their nationality.
Regulation 2.4 and Standard A2.4, paragraph 3. Entitlement to leave. Prohibition to forgo annual leave. In its previous comments, the Committee requested the Government to indicate whether any agreement to forgo the minimum annual leave with pay is prohibited under national legislation and, if so, to indicate the applicable national provisions. The Committee notes the Government’s reference to various sections of the Regulations of Paid Annual Leave of Employees. It also notes the Government’s indication that paid annual leave is a legal right given to the employees under the Regulations and it is illegal to reach any agreement to forgo minimum paid annual leave according to the Regulations. The Government also indicates that, where the work needs truly make it impossible to arrange annual leave for employees, the employer shall pay annual leave wages. The Committee notes that the provisions of the Regulations of Paid Annual Leave of Employees referred to by the Government do not clearly stipulate that any agreement to forgo annual leave with pay is prohibited. The Committee requests the Government to take the necessary measures to fully enforce Standard A2.4, paragraph 3 with respect to all seafarers covered by the Convention.
Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. In its previous comments, the Committee requested the Government to indicate the measures taken to guarantee the seafarers’ right to shore leave. The Committee notes the Government’s information that, taking into account of the crucial importance of shore leave for seafarers’ mental and physical health and ship safety, pursuant to section 121 of the Maritime Traffic Safety Law of the People’s Republic of China (Maritime Traffic Safety Law), revised in 2021, it is necessary to amend the Regulations on Seafarers’ Conditions and the Collective Agreement for Chinese Seafarers to incorporate the requirements associated with seafarers’ shore leave. The Committee requests the Government to provide copy of such amendments, once adopted.
Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. The Committee previously noted that, under section 32 of the Regulations on seafarers’ conditions, “When a seafarer is working at a ship and has one of the following circumstances, he may require repatriation: … (6) The seafarers have been on the same ship for more than twelve months in a row.” The Committee requested the Government to indicate the measures taken to bring its legislation into conformity with Standard A2.5.1, paragraph 2(b) of the Convention on this point. The Committee notes the Government’s information that Announcement No.16 of the Ministries of Transport, Human Resources and Social Security of the People’s Republic of China on Properly Making Shift Arrangements for Crew on Chinese-flagged Ships engaged in International Navigation during the COVID-19 Pandemic, clearly stipulates that the term of the crew’s labour contract or boarding agreement may be extended with the written consent of the crew and the signing of supplementary contracts or agreements. The total continuous service period of a seafarer on board shall not exceed twelve months. The Committee also notes the Government’s information that section 11 of the Collective Agreement for Chinese Seafarers of 2020 stipulates that a seafarer’s continuous period of service on board a ship shall generally not exceed eight months. If the ship’s port call or sailing route makes it inconvenient for crew replacement, the period of service may be advanced or postponed for two months, as appropriate. The crew who fails to disembark after working on the ship for ten months shall be deemed as overdue. In case of extended service of the crew on board, the shipowner shall pay additional overtime allowance to the crew from the eleventh month. The Committee recalls that under Standard A2.5.1, paragraph 2(b), the maximum duration of service periods on board following which a seafarer is entitled to repatriation shall be less than 12 months. It considers that, from the combined reading of Standard A2.4, paragraphs 2 and 3, on annual leave and Standard A2.5.1, paragraph 2(b), the maximum continuous period of shipboard service without leave is in principle 11 months. The Committee recalls that in its 2020 General Observation it considered that the extreme fatigue of seafarers who have been on board beyond the default 11 months maximum period of service on board not only constitutes a situation clearly hazardous for the safety and health of the seafarers concerned, but also profoundly endangers the safety of navigation in general. The Committee accordingly requests the Government to indicate the measures taken to bring all relevant legislation, including section 32 of the Regulations on seafarers’ conditions, in full compliance with Standard A2.5.1, paragraph 2(b), as well as to ensure that in practice seafarers on board Chinese-flagged ships are not requested to continue working beyond the default 11 months maximum period of service on board derived from the provisions of the Convention.
Regulation 2.5 and Standard A2.5.2. Financial security. Abandonment. In its previous comments, the Committee, recalling that China is not bound by the 2014 amendments, requested the Government to provide information on any progress regarding the adoption of provisions to ensure conformity with the amendments. It also requested the Government to provide up-to-date statistical information on the number of ships engaged in national and international navigation in respect of which financial insurance certificates have been issued in accordance with Standard A2.5.2. The Committee notes the Government’s information that China has been vigorously promoting the ratification of the 2014 amendments. Pending approval of the amendments, section 121 of the Maritime Traffic Safety Law shall be followed. The Committee notes that under section 121 “in the case of any discrepancy between any international treaty concluded or acceded to by China and this Law, the international treaty shall prevail, except for any article on which China has declared reservations”. The Government indicates that, under section 14 of the same Law, one of the conditions to obtain a maritime labour certificate is that the owner, operator or manager has provided corresponding financial guarantee for the expenses of repatriation of crew members and those to be paid according to the legislation regulating injuries, diseases or death of crew members during the period of employment on the vessel. The Government further indicates that up to June 2021, there were 1,190 Chinese-flagged ships, including 1,023 ships engaged in international navigation and 167 engaged in domestic coastal navigation, with financial guarantee for crew repatriation required by the Convention. The Committee takes note of this information and encourages the Government to provide any updates concerning the implementation of the 2014 amendments to the Code.
Regulation 2.6 and the Code. Seafarer compensation for the ship’s loss or foundering. In its previous comments, observing that the Government referred to social insurance for unemployment, the Committee requested the Government to indicate whether seafarers working on board Chinese-flagged ships are paid for the period during which they remain unemployed following the ship’s foundering or loss an indemnity at the same rate as the wages payable under the employment agreement. The Committee notes the comprehensive information provided by the Government, including the indication that, based on China’s existing legal system, seafarers have the same legal remedies for recovering indemnities for unemployment, personal injury or death and loss of property caused by the loss or foundering of the ship as they have for recovering arrears of wages. The Government also indicates that the Shipowner Mutual Assurance Association also guarantees the liability for payment of compensation for injuries, illnesses, and deaths of any affiliate ship’s crew. The Committee recalls that under Standard A2.6, paragraph 1 in every case of loss or foundering of any ship, the shipowner shall pay to each seafarer on board an indemnity against unemployment resulting from such event. In this regard, it observes that: i) the obligation of the shipowner under Standard A2.6, paragraph 1 is not subject to a complaint by the seafarer; and ii) the insurance of the Shipowner Mutual Assurance Association appears to cover the financial security under Standards A4.2.1 and A4.2.2 but not the compensation for unemployment under Standard A2.6, paragraph 1. The Committee requests the Government to take the necessary measures to ensure full conformity with Standard A2.6 and Guideline B2.6.
Regulation 2.7 and Standard A2.7, paragraph 3. Manning levels. Food and catering. The Committee previously noted that, while section 12 of the Regulations on seafarers’ conditions provides that a ship with ten or more persons should be equipped with a ship’s cook – in conformity with Standard A3.2, paragraph 5 – the two examples of minimum safety manning certificates supplied by the Government (regarding manning of ten and more seafarers) did not contemplate a ship’s cook in the manning of the ships concerned. It requested the Government to indicate the measures taken to review its practice regarding minimum safety manning certificates in order to take into consideration Regulation 3.2 and the Code. The Committee notes the Government’s information that, based on the special requirements indicated in the “Remarks column” of the Certificate of Minimum Safe Manning of Ships for International Navigation annexed to the revised Minimum Safe Manning Regulations of the People’s Republic of China (Order No. 43 of 2018), a ship operating with a prescribed manning of more than ten (including ten) should at least carry one extra qualified cook on board. The Committee recalls that Regulation 2.7 and the Code also apply to ships engaged in national navigation. It requests the Government to take the necessary measures to ensure consistency between section 12 of the Regulations on seafarers’ conditions (requirement of a ship’s cook for ships with a manning of more than ten) and the minimum safety manning requirements for all ships covered by the Convention.
Regulation 2.7 and Standard A2.7, paragraph 3. Manning levels. Dispute settlement. The Committee requested the Government to indicate whether any mechanisms exist to investigate and resolve any complaints or disputes regarding the minimum safety manning levels (Guideline B2.7.1). The Committee notes the Government’s indication that, pursuant to sections 1 and 2 of the Provisions on Maritime Administrative Reconsideration (H.Z.F [2019] No.209), citizens, legal persons or other organizations may apply for administrative reconsideration under the Minimum Safe Manning Regulations if they consider that the specific administrative actions of maritime administrative agencies infringe upon their legitimate rights. While taking note of this information, the Committee recalls that under Guideline B2.7.1, paragraph 2, representatives of shipowners’ and seafarers’ organizations should participate, with or without other persons or authorities, in the operation of the machinery for investigation and settlement of disputes concerning the manning levels on a ship. The Committee requests the Government to indicate how it has given due consideration to Guideline B2.7.1, paragraph 2.
Regulation 3.1 and Standard A3.1, paragraphs 7(d), 14 and 15. Accommodation and recreational facilities. Heating. Access to space on open deck. Offices. In its previous comments, the Committee requested the Government to indicate the national provisions implementing the requirements of an appropriate heating system (Standard A3.1, paragraph 7(d)), spaces on open deck for time off duty (Standard A3.1, paragraph 14), and offices for use by deck and engine departments (Standard A3.1, paragraph 15). The Committee notes the Government’s information on the provisions of the International Navigational Ship Inspection Technical Regulations, revised in 2019, and the National Navigational Ship Inspection Technical Regulations, revised in 2020, which give effect to the requirements of Standard A3.1, paragraph 7(d) and Standard A3.1, paragraph 15. The Committee takes note of this information.
Regulation 4.1 and Standard A4.1, paragraphs 1(c) and (d). Medical care on board and ashore. Right to visit a doctor or dentist in ports of call. Services provided free of charge. In its previous comments, the Committee noted the Government’s reference to section 24 of the Regulations on seafarers’ conditions providing that the shipowner should ensure free medical care and health protection to the seafarers working on the ship, including basic dental treatment, and provide timely reasonable medical care facilities. It requested the Government to specify whether: i) seafarers have the right to visit a qualified medical doctor or dentist in ports of call, where practicable (Standard A4.1, paragraph 1(c)); and ii) to the extent consistent with national law and practice, medical care is provided free of charge when the seafarer is landed in a foreign port (Standard A4.1, paragraph 1(d)). The Committee notes the Government’s reference to section 33 of the Collective Agreement of Chinese Seafarers of 2020, according to which, in the event that a seafarer suffers injury or illness during service on board, the shipowner shall timely arrange necessary treatment (including hospitalization) according to law until full recovery or the end of the hospitalized treatment, and pay the expenses of medical treatment and accommodation of the seafarer. The Committee requests the Government to indicate the provisions establishing that all seafarers covered by the Convention, i.e. not only Chinese seafarers, working on board Chinese-flagged ships have the right to visit a qualified medical doctor or dentist without delay in ports of call, where practicable, and that medical care is provided free of charge to seafarers.
Regulation 4.1, paragraph 3. Medical care aboard and ashore. Access to onshore medical facilities for seafarers on board foreign ships. In its previous comments, the Committee requested the Government to provide information on the progress made in the adoption of the Regulations on Human Life Search and Rescue at Sea, which require medical institutions to provide maritime medical consultation and medical assistance to wounded and sick people at sea. The Committee notes the Government’s information that the Maritime Traffic Law has incorporated the relevant content. In particular, section 78 of the Law provides that after a maritime accident or distress occurs, the relevant local people’s government shall organize a medical institution in a timely manner to provide emergency medical relief for the persons concerned. In addition, section 5.8 of the National Maritime Search and Rescue Emergency Plan issued by the China Maritime Search and Rescue Centre stipulates that maritime search and rescue agencies at all levels shall, together with local health authorities, designate local medical institutions with proper medical technology and qualifications to provide maritime medical assistance. When a medical institution lacks adequate resources, it may request support through the China Maritime Search and Rescue Centre. According to the Government, from 2018 to 2020, a total of 1,552 injured or sick seafarers were rescued. The Committee takes note of this information.
Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care aboard and ashore. Minimum requirements. Medical advice by radio or satellite. In its previous comments, the Committee, noting that under section 25 of the Regulations on seafarers’ conditions the shipowner should ensure that the ship has the ability to obtain medical guidance through radio or satellite communications, requested the Government to specify whether it ensures that medical guidance through satellite communication is available 24 hours a day free of charge and to indicate the relevant national provisions. The Committee notes the Government’s information that, at present, the China Maritime Search and Rescue Centre and all provincial maritime search and rescue centres, arrange personnel to be on duty 24 hours a day and coordinate relevant medical institutions to provide round-the-clock free medical advice at the ship’s request. The Committee requests the Government to clarify whether the China Maritime Search and Rescue Centre and the local centres provide medical guidance, including the onward transmission of medical messages by radio or satellite communication, to all ships irrespective of the flag that they fly.
Regulation 4.2 and the Code. Shipowners’ liability. The Committee notes that under section 22 of the Regulations on Seafarers, when a seafarer gets sick or is injured when working on board a ship, her/his employer shall give prompt treatment; where a seaman is missing or dead, the employer shall properly deal with the problems arising therefrom in a timely manner. It also notes the Government’s reference to the provisions of the Regulations on Employment Injury Insurance, under which if an employee suffers from employment injury, the employer shall adopt measures to ensure that such employee receives timely care and treatment. The Committee requests the Government to indicate the provisions implementing the requirements of Standard A4.2 in relation to non-employment-related sickness.
Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. In its previous comments, while recalling that China is not bound by the 2014 amendments, the Committee noted the that provisions to ensure conformity with the 2014 amendments need to be added in the Regulations on seafarers’ conditions and requested the Government to provide information on any progress made in this regard. The Committee notes the Government’s information that, pending approval of the amendments, section 121 of the Maritime Traffic Safety Law shall be followed (prevalence of international treaties in the case of any discrepancy with this Law). The Committee encourages the Government to provide information on any developments concerning implementation of Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2.
Regulation 4.3, paragraph 2. Health and safety protection and accident protection. National guidelines. In its previous comments, the Committee requested the Government to provide information on the development, after consultation with representative shipowners’ and seafarers’ organizations, of national guidelines for the management of occupational safety and health to protect seafarers that live, work and train on board ships flying its flag. The Committee notes the Government’s information that the Occupational Health and Safety Protection and Accident Prevention Standard for Seafarers (JT/T 1079-2016) is a national guideline for occupational safety and health management formulated after consultation with shipowners’ and seafarers’ representative organizations. The Committee takes note of this information.
Regulation 4.4 and Standard A4.4, paragraph 3. Access to shore-based welfare facilities. Welfare boards. Noting the Government’s information that there were plans for consideration by the relevant welfare agencies and port companies involving shore-based welfare committees, the Committee requested the Government to provide further information on any developments in the establishment of welfare boards pursuant to Standard A4.4, paragraph 3. The Committee notes the Government’s information that it has always attached importance to seafarers’ use of onshore welfare facilities and promoted the establishment of welfare committees. At present, it is promoting the formulation of standards for the construction of onshore welfare facilities, and has submitted a draft regarding a “transportation industry standard”, which will be promulgated and implemented. The Government indicates that the establishment of a welfare committee is one of the core topics of the next national tripartite coordination mechanism for maritime labour relations. The Committee takes note of this information.
Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection for seafarers ordinarily resident in its territory. In its previous comments, the Committee requested the Government to confirm whether social security legislation covers seafarers working on board Chinese-flagged ships. It also requested the Government to indicate the legal provisions under which seafarers ordinarily resident in China who work on board ships flying a foreign flag are protected in case of ill health; unemployment; old age; employment injury; and maternity. The Committee notes from the Government’s information that seafarers working on Chinese-flagged ships, regardless of their nationality, are employed in China and thus the employers who sign employment contracts with them shall be liable for social security obligations under the Social Insurance Law. The Government indicates that seafarers who usually live in China but work on ships flying foreign flags may apply for permanent residence status, participate in basic medical insurance for urban residents and social pension insurance for urban residents and enjoy social insurance benefits, in accordance with the relevant legislation. The Committee understands that resident seafarers who work on-board ships flying the foreign flag are not granted the same social security coverage as resident shoreworkers. The Committee requests the Government to take the necessary measures to ensure that the social security coverage in the branches specified for all seafarers resident in China (regardless of the flag of the ships on which they work) is not less favourable than that enjoyed by resident shoreworkers. Noting the absence of information in this regard, the Committee requests the Government to provide information on the modalities related to affiliation to social security schemes, payment of contributions and benefits, as well as on coverage of medical expenses beyond 16 weeks for morbid conditions occurring outside the territory of China.
Regulation 4.5 and Standard A4.5, paragraph 6. Social security. Comparable benefits for seafarers in the absence of adequate coverage. In its previous comments, the Committee requested the Government to clarify whether the relevant social security legislation is also applicable to seafarers who do not reside in China working on board Chinese-flagged ships. The Committee notes the Government’s information that the Social Insurance Law and the Regulation on Seamen shall be applicable to the seafarers who do not live in China but work on Chinese ships, and the employers who sign employment contracts with them shall be liable for social security obligations. The Committee takes note of this information.
Regulation 5.1.2 and Standard A5.1.2, paragraph 2. Flag State responsibilities. Authorization of recognized organizations. Minimum powers. The Committee previously requested the Government to specify whether authorized recognized organizations have the power to require the rectification of deficiencies identified in seafarers’ working and living conditions and to carry out inspections in this regard at the request of a port State. The Committee notes the Government’s information that at present, the China Classification Society (CCS) is authorized by the Maritime Safety Administration (MSA) to carry out inspections of maritime labour conditions on Chinese-flagged ships on international voyages in accordance with section 2 of the Measures for the inspection of maritime labour conditions. The Government also indicates that: (a) section 11 of the Measures stipulates that the inspection of maritime labour conditions shall be carried out by two or more inspectors, and the inspection agency shall issue a report after each inspection, record the deficiencies found, require rectification and indicate the prescribed time limit for correction; and (b) section 14 of the Measures provides that if deficiencies are found on board Chinese-flagged ships engaged in international voyages through inspections conducted by port State authorities, the MSA shall be responsible for responding to the inquiries of the port state authorities and timely notifying the competent authority. The Committee takes note of this information.
Regulation 5.1.3, paragraph 1(b). Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Scope of application. In its previous comments, the Committee requested the Government to ensure that legislation implementing Regulation 5.1.3 also applies to ships of 500 gross tonnage or over flying the flag of a Member and operating from a port, or between ports, in another country. Noting that the Government appears to refer to foreign-flagged ships, the Committee requests it to clarify whether any Chinese-flagged ships of 500 gross tonnage and over exist, which operate from a port or between ports in another country. If so, it requests the Government to ensure that Regulation 5.1.3 is applicable to those ships.
Regulation 5.1.3 and Standard A5.1.3, paragraphs 5 and 6. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Interim Maritime Labour Certificate. In its previous comments, the Committee requested the Government to provide information on the cases in which an interim certificate may be issued. The Committee understands, based on the Government’s translated information, that under section 25 of the Measures for the inspection of maritime labour conditions, when a ship that has passed the temporary inspection requires the competent authority to issue a temporary maritime labour certificate, the shipowner submits the following materials: (1) information form of temporary maritime labour certificate; (2) a copy of the compliance certificate regarding seafarer accommodation (if applicable); (3) information required for the Declaration of Maritime Labour Compliance (DMLC); and (4) the supporting materials according to which the shipowner agrees to assume the responsibility for maritime labour conditions according to law. The Committee takes note of this information. Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. In its previous comments, noting that the DMLC, Part I, supplied by the Government, contained reference to the applicable legislation and to its content without mentioning the relevant sections of the legislation, requested the Government to indicate any steps taken to revise it to ensure that it fully serves its purpose. The Committee notes the Government’s information that in China, the Convention is jointly implemented by the Ministry of Human Resources and Social Security and the Ministry of Transport. Either party may initiate the revision of Part I of the DMLC. However, the single modification of a document may result in the replacement of all the certificates issued, which is not conducive to the management of certificate issuance. While noting the practical difficulties indicated by the Government, the Committee reiterates the importance of including in the DMLC, Part I, the sections of the provisions listed therein, in order to help the concerned authorities to identify effectively the national requirements implementing the Convention. The Committee requests the Government to take the necessary measures to amend the DMLC, Part I, to ensure full conformity with Standard A5.1.3, paragraph 10(a) and to indicate a timeline in this regard.
Regulation 5.1.4 and Standard A5.1.4, paragraphs 3, 5, 10 and 11. Flag State responsibilities. Inspection and enforcement. Investigation and remedy. Independence and confidentiality. In its previous comments, the Committee requested the Government: i) to provide information on the measures adopted to regulate the procedure of presenting and handling complaints; and ii) to indicate how the independence of maritime labour inspectors and the confidentiality of the sources of grievance of complaints are guaranteed. The Committee notes the Government’s information that the Procedures of the Maritime Safety Administration of the People’s Republic of China on Handling Complaints of Seafarers (HCY [2018] No.1) (MSA Procedures on Handling Complaints of Seafarers) regulate the procedures for handling complaints, investigation and confidentiality of crew on ship and on shore. The Government also indicates that the labour inspectors shall enforce the Regulations of the People’s Republic of China on Labour Inspection (Order No. 423 of the State Council on November 1, 2004) and the Administrative Measures of Labour Inspectors (No. 448 [1994] of the Ministry of Labour) in carrying out the inspections of maritime labour conditions. Section 55 of the Regulations on seafarers’ conditions provides that the maritime administrative agency conducting inspections may question the parties concerned, consult and copy relevant documents, and keep confidential the matters concerning the units or individuals under investigation. The Committee takes note of this information.
Regulation 5.1.4 and Standard A5.1.4, paragraph 7. Flag State responsibilities. Inspection and enforcement. Powers of inspectors. In its previous comments, the Committee requested the Government to provide information on whether the grounds which may be invoked by inspection officers for detention are those provided in Standard A5.1.4, paragraph 7(c). The Committee notes the Government’s information that section 6.1 of Part D-Flag State Supervision and Inspection of the “Procedures for Ship Safety Supervision” (HCB [2017] No.372) provides that if the ship safety inspector, based on professional judgment, deems that the deficiencies on board the ship constitute a significant danger to the ship’s safety, seafarers’ health and marine environment, the ship may be detained according to procedures. Under section 6.2 of the procedures, the ship safety inspector shall inform the master of the ship’s detention, remedial measures should be taken, and the ship shall be prohibited from leaving the port until the deficiencies are remedied. The Committee observes that the above-mentioned provisions do not refer to deficiencies constituting a serious breach of the requirements of the Convention. The Committee requests the Government to take all the necessary measures to ensure that, in conformity with Standard A5.1.4, paragraph 7(c), inspectors are empowered to detain a ship until necessary actions are taken when they have grounds to believe that deficiencies constitute a serious breach of the requirements of the Convention (including seafarers’ rights).
Regulation 5.1.4 and Standard A5.1.4, paragraph 12. Flag State responsibilities. Inspection and enforcement. Reporting on inspections. The Committee previously requested the Government to indicate the measures taken to give effect to the requirements to submit the inspection report to the competent authority and furnish it to the master and post another copy on the ship’s notice board for information of the seafarers and, upon request, to send the report to their representatives. The Committee notes the Government’s information that the inspection report is entered into the inspection information system. The Government also refers to section 33 of the Measures for inspection of maritime labour conditions providing that the original of the Maritime Labour Certificate or Interim Maritime Labour Certificate shall be kept available on board and the copy shall be posted in a conspicuous position that can be reached by the seafarers on board. The Committee recalls that the requirement of Standard A5.1.4, paragraph 12: i) applies to all ships covered by the Convention and not only to certified ships; and ii) concerns the reports of each inspection and not the Maritime Labour Certificate. The Committee requests again the Government to take all necessary measures to ensure full conformity with Standard A5.1.4, paragraph 12.
Regulation 5.1.5 and Standard A5.1.5. Flag State responsibilities. On-board complaint procedures. In its previous comments, the Committee noted that, while section 57 of the Regulations on seafarers’ conditions regulates complaint-handling procedures on board, the procedure does not include the name of a person(s) on board who can, on a confidential basis, provide seafarers with impartial advice on their complaint and assist them in following the complaint procedures. Noting that the competent authority had not yet established on-board complaint procedures, the Committee requested the Government to provide information on the progress made on the establishment of such procedures in accordance with Regulation 5.1.5 and the Code. The Committee notes the Government’s information that the MSA Procedures on Handling Complaints of Seafarers regulate the procedures for handling complaints, investigation and confidentiality requirements of seafarers on board and onshore. The Committee requests the Government to provide a copy of the Procedures.
Regulation 5.1.6. Flag State responsibilities. Marine casualties. In its previous comments, the Committee noted the Government’s information that under the Regulations on the Investigation and Handling of Maritime Traffic Accidents, “marine accidents” include “maritime traffic accidents which cause losses in property and human lives” but do not appear to comprise accidents involving personal injury. It requested the Government to take the necessary measures to ensure that an official inquiry is held into any serious marine casualty leading to injury. The Committee notes the Government’s information that under section 80 of the Maritime Traffic Law, maritime traffic accidents occurred to vessels and offshore facilities shall be reported to the MSA and be subject to investigations. Section 81 provides that marine traffic accidents are classified into particularly serious accidents, major accidents, relatively large accidents and general accidents on the basis of the consequences of damage caused. The personal injury and death standards for accident levels shall be determined in accordance with the provisions of the relevant laws and administrative regulations on work safety. The Government finally indicates that since May 2017, in the 495 accidents investigated, there were 70 people injured and 778 dead or missing. The Committee observes that according to the information provided by the Government it is not possible to determine whether it is compulsory to hold an official inquiry into any serious marine casualty leading to injury involving Chinese-flagged ships. The Committee requests again the Government to clarify its obligation in this regard, referring to the relevant provisions.
Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. In its previous comments, the Committee requested the Government to provide detailed information on how it ensures compliance with the requirements of Regulation 5.2.2 and Standard A5.2.2. The Committee notes the Government’s information that the MSA Procedures on Handling Complaints of Seafarers provide that seafarers of Chinese-flagged and foreign ships berthed in ports within the territory of China may make complaints to the MSA through on-site, Internet or other means for acts that violate the MLC, 2006, and jeopardize the interests of seafarers. The MSA, that accepts and handles complaints, shall safeguard the confidentiality of the complainants, and shall not disclose the content of the complaint and other relevant information. The Committee notes the Government’s information that during the reporting period, there were 115 onshore complaints, including 73 involving foreign ships, all of which were resolved. No complaints were reported to the ILO Director-General. The Committee takes note of this information and will examine the content the of the MSA Procedures on Handling Complaints of Seafarers upon transmission by the Government.

Adopted by the CEACR in 2020

C032 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Legislation. With reference to its previous comments, the Committee notes the Government’s indication that it has incorporated in domestic laws and regulations, and technical rules some relevant requirements under Articles 3, 4, 5, 6, 8, 9(2), 12 and 14 of the Convention. In this regard, the Government refers specifically to the following texts: (i) the Technical Regulations on the Statutory Survey of International Sailing Ships on the Sea; (ii) the Technical Regulations on the Statutory Survey of Domestic Sailing Ships on the Sea; (iii) the Technical Regulations on the Statutory Survey of Small Vessels; and (iv) the Technical Regulations on Statutory Inspection of Hoisting and Lifting Equipment. The Committee requests the Government to provide a copy of the above-mentioned laws and regulations, if possible in a working language of the Office, in order to enable an assessment of their conformity with the relevant Articles of the Convention.
Texts giving effect to the Convention. In the absence of information in reply to its previous comments, the Committee urges the Government to provide information on relevant legislation or regulations adopted, or on any measures taken or envisaged to give effect to the following articles of the Convention:
Article 2 of the Convention. Condition of regular approaches over a dock, wharf, quay or similar premises used by workers; Article 6. Measures for the protection of hatchways and all other openings on board a ship; Article 8. Safety measures for workers when engaged in removing or replacing hatch coverings; Article 9(2)(3). Annealing of chains and similar gear carried on board ship or not carried on board ship; Article 9(2)(6). Fencing of motors, cogwheels, chain and friction gearing and live electric conductors; Article 9(2)(7). Means with which cranes and winches must be provided to reduce to a minimum the risk of the accidental descent of a load; Article 9(2)(8). Measures to prevent exhaust steam from obscuring any part of the workplace; Article 9(2)(9). Measures to prevent the foot of a derrick being accidentally lifted out of its socket or support; Article 11(4). Procedure for beginning work at a hatch; Article 11(5). Precautions to facilitate the escape of the workers when dealing with bulk cargo; Article 11(6). Use of stages in various processes; Article 11(7). Use of gear in a hold when the working space is confined to the square of the hatch; Article 11(9). Use of an automatic indicator or a table showing the safe working loads for shore cranes; Article 13. First-aid facilities and equipment at docks, wharves, quays and similar places; provisions for the rescue of immersed workers from drowning; Article 14. Prohibition of the removal of or interference with any means of access or life-saving means by unauthorized persons; Article 16. Obligation to apply the provisions of the Convention to ships the building of which is commenced after the date of ratification; and Article 18. Undertaking by the Member State to enter into reciprocal arrangements with other Members which have ratified the Convention.
Article 9(2)(2) and (4). The Committee previously noted that the expression “in accordance with the usual standards of maintenance” is fairly widespread in the regulations supplied by the Government. This expression is found in the provisions of Chapter II, paragraph 1, Chapter IX, paragraph 2, Chapter X, paragraph 2 and others, and in the safety rules for the use of mobile loading and unloading gear and appliances. In the absence of a reply to its previous requests, the Committee urges the Government to explain what this expression implies and to state whether the keeping of a record is mandatory during the inspection prescribed by the provisions in question.
Article 17 of the Convention and Part V of the report form. Application in practice. The Committee notes the Government’s indication that up until May 2019 a total of 4,672 labour security supervision agencies were set up in the country with a total of 26,000 full-time labour security inspectors, 26,700 part-time labour security inspectors and 72,000 labour security coordinators. Additionally, the Government indicates that normative documents of relevant laws, regulations and policies are posted in prominent positions to enhance the safety awareness of dockworkers and strengthen safety production capacity of enterprises concerned. The Committee however notes with regret that the Government fails once again to provide the requested information on the number of inspections carried out in relation to cargo handling in the port sector, as well as regarding the number, nature and result of contraventions reported, and the number, nature and cause of accidents recorded in the sector. As a result, the Committee urges the Government to provide detailed information on the number of inspections carried out in relation to the enforcement of regulations prescribed for the protection of the dockworkers against accidents, the number of contraventions reported, and the number, nature and causes of accidents recorded in cargo handling operations. The Committee also reiterates its request for information on the penalties prescribed in accordance with Article 17(2) for breaches of the regulations.
Prospects for the ratification of the most up-to-date Convention. The Committee encourages the Government to review the decision adopted by the Governing Body at its 328th Session (October–November 2016) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to consider ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which is the most up-to-date instrument in this subject area. The Committee requests the Government to provide information on any measures taken in this regard.

C144 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th session (June 2020). The Committee examines the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.
The Committee notes the observations of the All-China Federation of Trade Unions (ACFTU), transmitted together with the Government’s report in May 2019. It further notes the observations of the ACFTU and the China Enterprise Confederation (CEC), transmitted together with the Government’s report in September 2020.
Article 5 of the Convention. Effective tripartite consultations. In response to the Committee previous comments, the Government reports on the content and outcome of tripartite consultations held during the reporting period on matters concerning international labour standards covered by Article 5(1) of the Convention as well as further information on measures taken to strengthen national tripartite mechanisms and procedures. The Government indicates that, between 2017 and September 2020, representatives of Government, the ACFTU and the CEC jointly studied the standard-setting items on the agenda of the 106th and 107th Sessions of the International Labour Conference (ILC). In addition, in May 2019, the Ministry of Human Resources and Social Security (MOHRSS) together with the Ministry of Foreign Affairs (MFA), the ACFTU and the CEC, as well as other institutions, held joint consultations to examine the new international labour standards on violence and harassment in the workplace discussed and adopted at the 108th Session of the ILC. The Government has also held tripartite consultations on a number of unratified Conventions (Article 5(1)(c)). The Committee notes that the Ministry of Human Resources and Social Security, in collaboration with the ILO, organized seminars on the Forced Labour Convention, 1930 (No.29); the Labour Inspection Convention, 1947 (No. 81); the Maternity Protection Convention, 2000 (No. 183), and the Social Security (Minimum Standards) Convention, 1952 (No. 102), to discuss and analyse the feasibility of ratification. The Government indicates that three additional seminars were organized, in 2019, to introduce relevant international labour standards and the ILO’s Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy (the MNE Declaration), and discuss measures and share experiences related to corporate social responsibility and responsible labour practices. Representatives of the social partners participated in these seminars. The Committee notes, however, that the Government does not provide information on the outcome of these consultations. The Government indicates that it consults with the social partners every year in relation to the preparation of reports to the Office under article 22 of the ILO Constitution. The Committee notes that the National Tripartite Conference for the coordination of labour relations held regular meetings during the reporting period. In 2018, it determined to carry out national activities aimed at building harmonious labour relations. According to the report, this decision was approved and implemented, in 2019, by the national authorities. In its observations, the ACFTU provides information regarding its efforts to contribute to the promotion and improvement of tripartite consultations, emphasising the proactive role played by trade unions in building harmonious labour relations. It adds that, as a result of trade union efforts to promote the adoption of legislation on collective consultation, by the end of 2019, 42 local decrees and government regulations on collective consultation (collective bargaining on wages) were promulgated in 30 provinces (autonomous regions and municipalities) across the country. Through the national tripartite committee for labour relations, the ACFTU promotes the improvement and expansion of consultation mechanisms involving the Government, trade unions and enterprises, with the aim of expanding these to all levels (city and county level, townships (streets), development zones (industrial parks)). The Committee notes that 23 provinces (municipalities and autonomous regions) to date have established tripartite committees on the coordination of labour relations. In this respect, the CEC provides information regarding its collaboration with the All-China Federation of Industry and Commerce (ACFIC) and the Government to support tripartite consultations and their contribution to the promotion of harmonious labour relations at various levels. The Committee notes that the Government has conducted extensive consultations with the social partners to build harmonious labour relations in general and during the COVID-19 pandemic. The Committee requests the Government to continue to provide detailed information on the content and outcome of the tripartite consultations held on the matters covered by the Convention, particularly relating to questionnaires on Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to the National Assembly (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); questions arising out of reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and the possible denunciation of ratified Conventions (Article 5(1)(e)).
COVID-19 pandemic. The Government indicates that in response to the impact of COVID-19 pandemic on employment and labour relations, the ACFTU in collaboration with the National Tripartite Conference for Coordination of Labour Relations has issued a Notice on Improving the Work of Collective Consultation in Response to the Impact of COVID-19 (ACFTU [2020] No.3) to guide the implementation of collective consultation mechanism and to emphasis its role in coordinating labour relations. The Notice encourages enterprises to stabilise jobs for employees and build harmonious labour relations through collective negotiations on adjustments to salaries, flexible arrangement of working hours, shifts and rest, as well as organization of training. In addition, the 25th Session of the National Tripartite Conference for Coordination of Labour Relations was held in 2020, to discuss and implement measures for stabilising labour relations during the COVID-19 pandemic. The Committee notes that, in 2020, the ACFTU and the CEC have contributed to the work of the National Tripartite Conference for Coordination of Labour Relations in the response to the pandemic. In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages the Government to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to continue to provide updated information in its next report on the impact of the measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to reinforce the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

C155 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information on the application of Conventions Nos 155, 167 and 170 provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of those Conventions on the basis of the supplementary information received from the Government this year (see below under legislative developments, Articles 13 and 28 of Convention No. 167, and Article 5 and application in practice of Convention No. 170), as well as on the basis of the information at its disposal in 2019.
In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 155 (OSH), 167 (OSH in construction) and 170 (chemicals) together.
The Committee notes the observations of the All-China Federation of Trade Unions (ACFTU), communicated with the Government’s reports on the application of these Conventions.
Legislative developments. The Committee takes note of the information in the Government’s supplementary reports regarding the laws, regulations and policy documents adopted since 2019, relating to the application of the ratified OSH Conventions. The Committee requests the Government to continue providing information on developments in this respect.

General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Articles 1, 2 and 3 of the Convention. Scope of application of the Convention. The Committee previously requested the Government to indicate the manner in which the Convention is applied to workers that are not covered by the Law on Work Safety, namely, government bodies, public entities and non-profit organizations. In this regard, the Committee notes the indication in the Government’s report that laws on OSH which cover government bodies, public institutions and non-profit organizations include the Law of the People’s Republic of China on Prevention and Control of Occupational Diseases, the Regulation on Work-Related Injury Insurance and the Special Rules on the Labour Protection of Female Employees. Taking due note of the information provided, the Committee requests the Government to provide further information on the manner in which it ensures, in law or in practice, the application of the protection granted by the Convention to workers engaged in workplaces that are not covered by the Law on Work Safety, including with respect to the matters covered by: Article 9 (inspection and enforcement); 13 (protection of workers who have removed themselves from which they have reasonable justification to believe presents an imminent and serious danger to their life); 17 (two or more undertakings at the same workplace); 18 (measures to deal with accidents, including first aid); 19(a) (workers’ cooperation); 19(f) (reporting and returning to a work situation where there is continuing imminent and serious danger to the worker’s life); and 20 (cooperation between management and workers and/or their representatives) of the Convention.
Articles 4 and 8. National policy and laws to give effect to the Convention. In response to its previous request on measures taken to periodically review the national policy and the tripartite consultations held in this respect, the Committee notes the indication of the Government that the Work Safety Commission of the State Council meets annually to analyse and issue policies on OSH. The Government states that, in the formulation and revision of national policies, the relevant departments and authorities solicit opinions, including those of enterprises and the public. It further notes the observations of the All-China Federation of Trade Unions that it actively participates in the formulation and revision of laws and regulations related to OSH. The Committee requests the Government to continue to provide information on the measures taken to periodically review its national policy, and to provide more specific information on the consultations held with the organizations of workers and employers concerned in this respect.
Article 9. System of inspection and provision of adequate penalties for violations. Following its previous comments, the Committee notes the Government’s statement that the safety supervision departments and the coal mine safety supervision agencies have strengthened their supervision since 2015. According to the Government, the safety supervision departments and coal mine safety supervision agencies at various levels supervised 8.619 million production and business units between 2015 and 2018, ordered 26,000 suspensions of production or business for rectification, imposed 597,000 administrative penalties as well as 376,000 economic penalties and fines amounting to ¥11.82 billion, and investigated 24,419 production safety accidents. In addition, the Committee notes the indication of the Government that, following an institutional reform in 2018, the Ministry of Emergency Management (MEM) was established, integrating responsibilities from 11 departments, including the former State Administration of Work Safety. The Government states that MEM is in charge of the supervision and management of work safety in industrial, mining and commercial industries. The Committee requests the Government to provide information regarding the functioning of the system of OSH inspection following the establishment of MEM. The Committee also requests the Government to continue to provide information on the enforcement of penalties for violations detected, including the number of contraventions detected by inspectors in the field of OSH and the sanctions imposed.
Article 12(b). Obligations of persons who design, manufacture, import, provide or transfer machinery or equipment. Following its previous comments on measures taken to give effect to Article 12(b) with respect to machinery or equipment, the Committee notes the information provided by the Government, including its indication that, pursuant to section 30 of the Law on Work Safety, special equipment with increased and potentially life-threatening risks, as well as containers and transport vehicles for dangerous articles, shall only be put to use after the issuance of safe use certificates and safety tags. The Committee also notes section 12 of the Regulations on Safety Supervision and Administration of Agricultural Machinery, which provides that agricultural machinery may be sold only after passing an inspection and if it is accompanied by detailed safe operating instructions and safety warning signs.
Article 15(1). Necessary coordination between various authorities and bodies. The Committee notes that, while the Government states that MEM is responsible for the comprehensive supervision and management of OSH in industrial, mining and commercial industries, the functions of MEM are not limited to OSH and instead cover overall emergency planning at the national level. In addition, the Committee notes the Government’s indication that certain of the former State Administration of Work Safety’s responsibilities for the supervision and management of OSH have also been taken over by the National Health Commission, which is in charge of drafting and implementing policies and standards related to OSH, monitoring certain occupational diseases, as well coordinating the prevention and control of occupational diseases, among other functions. The Committee requests the Government to provide further information on the functions of MEM in the field of OSH. The Committee also requests the Government to provide information regarding the arrangements in place to ensure the necessary co-ordination between MEM and other bodies called upon to give effect to the Convention, including the National Health Commission, in accordance with Article 15(1) of the Convention.

Protection against specific risks

Chemicals Convention, 1990 (No. 170)

Article 5 of the Convention. Prohibition or restriction on the use of certain hazardous chemicals. The Committee previously noted the Government’s statement that a system to establish the prohibition or restriction of the use of certain hazardous chemicals is provided for under the Regulations on the Control over the Safety of Hazardous Chemicals, and requested information on any further measures taken in the application of Article 5 of the Convention. The Committee notes the statement in the Government’s report that each region is encouraged, pursuant to section 17 of the Comprehensive Scheme for the Administration of Hazardous Chemicals, to formulate a catalogue of prohibited, restricted and controlled hazardous chemicals, and that Shanghai, Shenzhen and other cities have already issued such a catalogue in their respective regions. The Government also indicates in its supplementary report that on 30 May 2020, the Catalogue of Specially Controlled Hazardous Chemicals (First Edition) was issued and implemented by the MEM, the Ministry of Industry and Information Technology, the Ministry of Public Security and the Ministry of Transport.
Article 15. Information and training. In the absence of additional information in response to its previous comments, the Committee once again requests the Government to provide information on the measures taken to ensure that workers are provided training on a continuing basis in the practices and procedures to be followed for safety in the use of chemicals at work, including with respect to the transport of chemicals. The Committee further requests the Government to provide information on the monitoring and enforcement of the standards in this respect.
Application in practice. In response to its previous comments, the Committee notes the statistics provided by the Government, including on the 363 cases of acute occupational poisoning and 970 cases of chronic occupational poisoning reported nationwide in 2018. The Committee also notes the Government’s indication in its supplementary report, that 295 cases of acute occupational poisoning and 483 cases of chronic occupational poisoning were reported nationwide in 2019. The Committee requests the Government to continue to provide information on the application of the national legislation giving effect to this Convention in practice, including any statistics on violations reported, penalties imposed, and occupational accidents and cases of occupational diseases reported as being caused by exposure to chemical substances. Noting the significant decrease in the number of cases of chronic occupational poisoning reported between 2018 and 2019, the Committee requests the Government to provide information on the reasons for this decrease.

Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

Articles 1(3) and 7 of the Convention. Self-employed persons. The Committee notes the Government’s statement in its report, in response to the Committee’s previous request, that the national legislation provides that self employed persons have a duty to comply with the relevant regulations and have rights related to work safety. In this respect, the Government refers to section 6 of the Law on Work Safety, which states that employees of production and business units shall have the right to occupational safety, and shall discharge their occupational safety duties, in accordance with the law. The Government indicates that this section covers, among others, temporary workers and dispatched workers. The Committee recalls that, pursuant to Article 1(3) of the Convention, the Convention applies to such self-employed persons as may be specified by national laws or regulations. The Committee requests the Government to provide further information on any legislation or regulations that have been adopted related to the application of safety and health measures to self-employed persons.
Article 3. Consultations with the most representative organizations of employers and workers concerned. The Committee notes the Government’s statement, in response to the Committee’s previous request concerning consultations, that trade union organizations are extensively and actively involved in safety management of the construction industry, mostly at the provincial, local and sectoral levels. The Committee also notes the information provided by the Government concerning consultation at the level of the construction enterprises. With reference to its comments on Convention No. 155, the Committee notes the observations of the All-China Federation of Trade Unions that it actively participates in the formulation and revision of OSH laws and regulations and that it attaches great importance to the occupational safety and health of all workers, including construction workers. The Committee requests the Government to continue to provide information on the consultations held with the most representative organizations of employers and workers regarding the measures to be taken to give effect to the Convention, as well as specific information on the outcome of these consultations.
Articles 13 and 28. Safety at the workplace and health hazards. The Committee previously noted that section 32 of the Administrative Regulations on Work Safety in Construction Projects provides that employers are required to provide workers with protective equipment and clothing as well as information on operating standards and procedures.
The Committee notes the information provided by the Government, in response to its previous request, on the adoption of the Standards for Safety Inspection of Municipal Engineering Construction (CJJT 275-2018) which provides, in section 3.1.2, that safety education and training shall be conducted when new technologies, new processes, new equipment and new materials are introduced in construction. The Committee also notes the Government’s indication that, in 2018, 983 cases of occupational diseases were reported in the construction sector and the main diseases reported were occupational pneumoconiosis, occupational poisoning and hearing impairment. In addition, the Committee notes the Government’s reference, in its supplementary report, to prevention measures taken for the safe resumption of construction work in the COVID-19 context. With reference to its comments on Conventions Nos 155 and 170 above, the Committee requests the Government to provide further information on the steps taken to ensure that appropriate preventive measures are taken against exposure in construction to any chemical, physical or biological hazards, in accordance with Article 28 of the Convention. The Committee requests the Government to provide further information on the implementation of section 32 of the Administrative Regulations on Work Safety in Construction Projects in practice, with respect to the provision of personal protective equipment.
Article 15. Lifting appliances. The Committee notes the Government’s indication, in reply to the Committee’s previous request, that the Regulations on Safety Supervision and Management of Construction Hoisting Machinery (Order No. 166) regulate the use of major lifting appliances at construction sites. The Committee also notes the adoption of Standards for Safety Inspection of Municipal Engineering Construction (2018), Chapter 8 of which contains requirements related to the inspection of mobile cranes and construction hoists. It further notes the information provided concerning the qualification certificates required for hoisting machinery operators, in accordance with the Safety Handbook for Construction Site Workers of Engineering Projects (2016) and the Regulation on the Evaluation Management of Safety Technical Training of Special Operation Personnel (Order No. 30 of the State Administration of Work Safety). The Committee further notes the Government’s indication that hoisting accidents accounted for 7.5 per cent of all fatal occupational accidents in the construction sector in 2018 (55 fatal occupational accidents). The Committee requests the Government to continue to provide information on the measures taken to ensure the safe installation and use of lifting appliances and items of lifting gear in practice, in accordance with Article 15 of the Convention.
Article 21. Work in compressed air. The Committee notes the information provided by the Government, in response to its previous request on the implementation of Article 21 of the Convention concerning work in compressed air, on the Code for construction of open caissons and pneumatic caissons (GB/T51130) which contains safety specifications for the construction of caissons, including the required design, planning and monitoring measures.
Article 23. Work over water. The Committee notes the information provided by the Government, in response to the Committee’s request concerning the implementation of Article 23, regarding the Code for Construction of Water and Sewer Pipeline Works (GB 50141-2008). It requests the Government to provide further information on the measures taken or envisaged to give effect to Article 23 related to construction work done over or in close proximity to water.
Article 32(2) and (3). Welfare of workers and provision of separate sanitary and washing facilities. The Committee previously requested information on the standards established for sanitary and washing facilities at construction sites.
The Committee notes the Government’s reference to section 3.2.3 of the Standard of Construction Safety Inspection (JGJ59-2011), which provides that the number of toilets and their layout shall conform to specified requirements, that the toilets shall meet the established sanitary requirements, and that shower rooms shall be sufficient to meet the needs of workers on construction sites (paragraph 3). The Committee requests the Government to provide further information on the standards established for sanitary and washing facilities at construction sites, including the requirements referred to in paragraph 3 of section 3.2.3 of the Standard of Construction Safety Inspection. It also requests the Government to provide information on the measures taken or envisaged to ensure that men and women workers are provided with separate sanitary and washing facilities.
Article 33. Information and training. The Committee previously noted that construction workers are entitled, under national law, to receive safety training on safe operations and protection measures, and it requested information on the provision of such training in practice.
The Committee notes the Government’s indication, in reply to the Committee’s request, on the requirements for construction enterprises to implement a training system composed of 32 hours of training for new workers as well as at least 20 hours of retraining every year, in accordance with the Decision of the Work Safety Commission of the State Council on Further Strengthening Safety Training (No. 13 of 2013). The Decision provides that workers who have not received the training or who fail to pass the qualification tests after receiving such training may not be assigned to posts. It also notes that section 3.1.2 of the Standards for Safety Inspection of Municipal Engineering Construction (CJJT 275-2018) requires safety education when new technologies, new processes, new equipment and new materials are introduced and provides that project managers, occupational safety managers and workers shall receive safety education and training every year. The Committee requests the Government to provide detailed information on the application of Article 33 of the Convention in practice, including the manner in which it monitors the application of the Decision of the Work Safety Commission of the State Council on Further Strengthening Safety Training in practice in the construction sector.
Article 34. Reporting of accidents and diseases. The Committee notes the Government’s indication, in response to the Committee’s previous request on measures to ensure the reporting of occupational accidents and diseases in the construction industry to the competent authority, that since 2015 the occupational health supervision and management department has increased law enforcement with respect to construction units. The Government indicates that the number of construction units penalised under the law has increased. The Committee also notes the statistics provided in the Government’s report on the number of accidents in the construction sector, disaggregated by cause of accident, as well as the number of occupational diseases in the sector. In this respect, the Committee refers to its comments under Article 11(c) and (e) of Convention No. 155.

C155 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 155 (OSH) and 167 (OSH in construction) together.
The Committee takes note of the supplementary information on the application of Conventions Nos 155 and 167 provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of those Conventions on the basis of the supplementary information received from the Government this year (see under Article 11(c) and (e) and application in practice of Convention No. 155, and Article 35 and application in practice of Convention No. 167 below), as well as on the basis of the information at its disposal in 2019.
COVID-19 measures. The Committee notes the information provided in the Government’s supplementary report related to OSH measures in the context of the COVID-19 pandemic, including measures to strengthen prevention and monitoring during the resumption of work in construction and civil engineering projects.

Occupational Safety and Health Convention, 1981 (No. 155)

Article 11(c) and (e) of the Convention. Production of annual statistics on occupational accidents and diseases and application of the Convention in practice. The Committee previously noted the 26,393 cases of occupational diseases reported in 2013, including 23,152 cases of pneumoconiosis. In response to its request on concrete measures taken to address pneumoconiosis, the Committee notes the information in the Government’s report concerning different preventive OSH measures taken in recent years, including the formulation of risk prevention and control plans in coal mines. The Committee also notes with interest the adoption, in 2019, of a National Action Plan on the Prevention and Control of Pneumoconiosis. In this regard, the Committee welcomes the Government’s indication in its supplementary report, that in the period July 2019–December 2020, 10 departments and the All-China Federation of Trade Unions jointly issued the Notice on Disseminating the Enhanced Action Plan for the Prevention and Control of Pneumoconiosis. The Government refers to the departments’ intensified efforts in five areas, including supervision and law enforcement, and efforts to promote the special treatment of occupational hazards in key industries such as mining and metallurgy, and carrying out reviews on dust hazard management in various industries. The Committee further notes the Government’s indication in its supplementary report that China has published data on occupational diseases through an annual statistical bulletin on the development of public health services. The Government indicates in this respect that there were 19,428 cases of occupational disease in 2019 (including 15,898 cases of occupational pneumoconiosis), a decrease from 23,497 cases of occupational diseases in 2018, (with 19,468 cases of occupational pneumoconiosis). The Committee further notes the Government’s indication that in 2019, there were 44,609 occupational safety accidents resulting in the death of 29,519 workers. It takes note of the Government’s indication that the 2019 figures represent a 33.5 per cent decrease since 2015 in the number of accidents, and a 34.1 per cent decrease in the number of fatalities. The Committee requests the Government to continue to provide statistics on occupational accidents and diseases at the national level. The Committee further requests the Government to continue its efforts with regard to the prevention of occupational accidents and occupational diseases, and to continue to provide information on the specific preventive measures taken in this regard, including measures taken in the implementation of the National Action Plan on the Prevention and Control of Pneumoconiosis, and the impact of such measures.

Safety and Health in Construction Convention, 1988 (No. 167)

Article 8 of the Convention. Cooperation between two or more employers undertaking activities simultaneously at one construction site. The Committee previously noted section 24 of the Administrative Regulations on Work Safety in Construction Projects which states that the main contractor shall be responsible for the overall occupational safety at the construction site. When the main contractor subcontracts a construction project to any other entity, it shall explicitly stipulate their respective rights and obligations regarding work safety. The main contractor and the subcontractor shall bear joint and several liability with regard to the safety of the subcontracted project and shall share duties and responsibilities. The Committee also noted that the Government identified the inadequacy of accountability and responsibility as a contributing factor to the high accident rate in the construction sector, and it requested information on the enforcement of section 24 in practice.
The Committee notes the statistics provided by the Government, in response to the Committee’s previous request, regarding enforcement in the construction industry in general. The Government refers to the adoption of the Opinion on Further Accelerating the Development of General Project Contracting (No. 93, 2016), which provides that project contracting enterprises may directly subcontract design or construction work to enterprises with the corresponding qualifications, but the general contractor enterprise shall be fully responsible for, among others, the quality and safety of the project in accordance with the contract signed with the construction entity. The Government also indicates that the Ministry of Housing and Urban-Rural Development issued a Notice on Management Measures for the Evaluation and Punishment of Contract Awarding and Contracting of Construction Projects (No 1. 2019) which identified violations relating to illegal contract awarding, subcontracting and illegal subcontracting, as well as established standards for investigation and punishment. The Government further indicates that the Measures for the Administration of Subcontracting for the Construction of Houses and Municipal Infrastructure Projects (Decree No. 47 of the Ministry of Housing and Urban-Rural Development) was revised in 2019, and provides that the contractor of a project through subcontracting shall have the necessary qualifications for the work required, and shall obey the occupational safety management measures of the main contractor on the construction site. The Committee recalls that, in accordance with Article 8(1)(a) of the Convention, whenever two or more employers undertake activities simultaneously at one construction site, the principal contractor, or other person or body with actual control over or primary responsibility for overall construction site activities, shall be responsible for co-ordinating the prescribed safety and health measures and, in so far as is compatible with national laws and regulations, for ensuring compliance with such measures; and that, in accordance with Article 8(1)(c), each employer shall remain responsible for the application of the prescribed measures in respect of the workers placed under his authority. The Committee requests the Government to continue to provide information on the measures it is taking to ensure the implementation of prescribed safety and health measures under the responsibility of the principal contractor whenever two or more employers undertake activities simultaneously at one construction site, particularly with respect to construction sites with several tiers of subcontracting. Noting the general information provided, the Committee once again requests detailed information on the application and enforcement of section 24 of the Administrative Regulations on Work Safety in Construction Projects in practice, including inspections undertaken, violations detected and penalties applied for non-compliance, including fines collected and prosecutions. The Committee requests that this detailed information identify how often the principal contractor, as distinct from the subcontractor, is the object of enforcement actions.
Article 18(1). Work at heights including roof work. The Committee notes the Government’s statement, in reply to the Committee’s previous request, that falls from heights are the main type of accident in construction, representing 52.2 per cent of total accidents in 2018. The Government indicates that supervision of personal protective equipment (such as safety belts) shall be strengthened in order to prevent such falls, and that in 2019, the Ministry of Housing and Urban-Rural Development, together with the State Administration for Market Regulation and the Ministry of Emergency Management, issued the Notice on Further Strengthening Supervision and Management over Personal Protective Equipment. The Government also reports that it is taking measures to strengthen monitoring of projects considered to be higher risk, including those involving work at high heights particularly through the development of detailed enforcement rules regarding such projects and the undertaking of targeted inspections. The Committee urges the Government to pursue its efforts to enforce safety measures for work at heights and to promote the use of safety equipment at all construction sites. It requests the Government to continue to provide information on the enforcement measures implemented in that respect and to provide data on the number of occupational accidents reported (including fatal and serious accidents) due to falls from heights, as well as the number and nature of violations detected and penalties applied for non-compliance.
Article 35. Effective enforcement of the provisions of the Convention and application in practice. The Committee previously noted the Government’s identification of the contributing factors to accidents in the construction sector, including a lack of uniform standards in the construction sector; an inadequate enterprise-ownership regime with respect to, accountability and responsibility; the lack of thoroughness in the elimination of hidden workplace hazards; and the inadequacy of investigations and penalties following occupational accidents. It noted that in 2018, the construction industry was, for the ninth consecutive year, the sector with the largest number of occupational accidents.
The Committee notes the information provided by the Government, in response to its previous request, on the measures taken by the Ministry of Housing and Urban-Rural Development to improve the implementation of the Convention, including: (i) measures to strengthen safety inspections in the construction sector, including the elimination of more than 360,000 potential safety hazards on construction sites and the suspension of licences for 164 enterprises in 2018; (ii) improved regulation of the construction market to address illegal subcontracting; (iii) further awareness-raising on safety in construction and safety training for construction workers; and (iv) the development of a national information system on construction safety to promote supervision, collaboration and information sharing. The Government indicates that departments in charge of housing and urban-rural construction at all levels inspected 320,155 projects, investigated 11,302 illegal activities, penalized 8,161 enterprises and imposed fines of approximately ¥102 million (approximately US$15,513,000). In 2018, there were 734 occupational safety accidents in housing and municipal projects nationwide, resulting in the death of 840 workers. In this respect, the Committee notes with concern the Government’s statement that this represents a 4.1 per cent increase in the number of fatalities due to accidents in the sector between 2017 and 2018. The major cause of accidents were falls from heights, falling objects, mechanical accidents and crane-related accidents. It further notes that in 2018, 983 cases of occupational diseases were reported in the construction sector, mostly related to civil engineering projects (827 cases). With reference to its comments above on Convention No. 155, the Committee notes that the main occupational disease reported in the construction industry was pneumoconiosis. In its supplementary report, the Government also refers to measures taken to increase the accountability of responsible personnel. The Government further refers to a large-scale investigation conducted in 2019, with the random inspections conducted of 163,446 projects, investigations into 351,677 potential safety hazards, and the issuance of 58,888 notices regarding rectification with deadlines, 304 legal enforcement proposals, and 6,437 notices of suspension of work or business suspensions. The Committee urges the Government to pursue its efforts to ensure the application of the Convention in practice, and to continue to provide information on the concrete steps taken to reduce the number of fatal accidents in the sector. It also urges the Government to continue to take measures to ensure the effective enforcement of the Convention through the provision of appropriate inspection services in the sector, as well as appropriate penalties and corrective measures. Lastly, the Committee requests the Government to continue to provide information on the application of the Convention in practice, including the number and nature of the contraventions reported and the measures taken to address them, the number of penalties and corrective measures applied, and the number, nature and cause of occupational accidents and occupational diseases reported.
The Committee is raising other matters in a request addressed directly to the Government.
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