Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - China (Ratification: 1930)

The Committee notes the Government's reply to its previous comments.

Articles 1 and 3 of the Convention. The Committee notes with interest the information supplied by the Government regarding the minimum wage standards which have been established in 18 provinces, cities and autonomous regions. It also notes that minimum wage standards should be completed before the end of June 1995 in the 12 other remaining provinces and cities of the country. Moreover, the Committee notes that, as regards the preparation of minimum wage standards, the Ministry of Labour has required the local administrations to conduct actively consultations with the branches and social organizations concerned. The Government further states that in the process of formulating and promulgating the standards of minimum wages, all competent authorities of the provinces, cities and autonomous regions strictly observed the relevant provisions of the Regulations concerning Minimum Wages in Enterprises, including those concerning full consultations.

The Committee requests the Government to keep the Office informed on any progress made in completing minimum wage standards in the country and on consultations which have been made in this respect.

Article 4. The Committee notes that, according to the Government, the new system of minimum wages is just at the outset in the country, and the Ministry of Labour so far has neither found any local government concerned that do not conduct consultations while working out the standards of minimum wages, nor received any workers' complaints of non-observance of the standards of minimum wages against enterprises. However, the Committee again requests the Government to indicate the amounts of the fines provided for under sections 91(3) and 95 of the 1994 Labour Law. It also requests the Government to supply information on the results of inspection and to keep the Office informed of any sanction imposed on employers and compensation paid to workers under section 27 of the Regulations.

Article 5. The Committee notes that the system of minimum wages should apply to all workers who have formed labour relationship with state-owned enterprises, collective enterprises, foreign capital and joint ventures, private enterprises, individual economic organizations, as well as government bodies, institutions and social groups within the territory of China. It also notes that the total number of workers across the country who are now protected by the system of minimum wages is 67.85 millions. The Committee requests the Government to keep the Office informed on any development in this respect.