Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Labour Administration Convention, 1978 (No. 150) - China (Ratification: 2002)

Articles 1 and 4 of the Convention. Effective operation of a system of labour administration. The Committee notes the information in the Government’s report concerning the activities and achievements of the Ministry of Human Resources and Social Security. It also notes the information in a 2013 ILO publication entitled “Labour Administration reforms in China”, namely that in 2008 the responsibility for occupational health inspections was transferred to the State Administration of Work Safety (directly under the State Council), and that this Administration is responsible for overall supervision, administration, direction and coordination in relation to work safety across the country. This publication indicates that there is no specific institutional relationship between the Ministry of Human Resources and Social Security and the State Administration of Work Safety, such as an agency agreement, although both organizations administer labour protection legislation and intervene in many of the same workplaces. In this regard, the publication indicates that there is a need for better coordination between all departments involved in labour law supervision. The Committee asks the Government to provide information on how coordination is ensured between the functions and responsibilities of the Ministry of Human Resources and Social Security and the State Administration of Work Safety, for the effective operation of the labour administration system.

Articles 6(1) and 10. Bodies responsible for the preparation, administration, coordination, checking and review of national labour policy, as well as the human resources and material means necessary for the operation of the labour administration system. The Committee previously noted the establishment of a labour supervision bureau aimed at: developing a system of labour inspection; organizing the carrying out of labour inspection; guiding localities in carrying out labour inspection activities; coordinating endeavours to protect workers’ rights and organizing responses to incidents; and undertaking other tasks related to the supervision and inspection of human resources and social security administration. The Committee notes the Government’s indication that the work of the labour supervision bureau in 2013 focused on enhancing the effectiveness of its supervision and capacity building, by combining law enforcement efforts in order to establish an innovative regulatory system. Measures were also taken to impose disciplinary and corrective measures on non-compliant employers, and the interaction between monitoring and the criminal justice system was improved and strengthened. The Government also indicates that it has continued to promote a grid-based management system and that the Twin Networks Management system (which aims to modernize the labour inspection system in combining the provision of quality services to employers and workers with the enforcement of the legislation) was expanded to cover most prefecture-level cities. The Government indicates that a total of 418,600 cases related to illegal labour and social security were detected by the labour supervision organs at all levels across the country. The Committee asks the Government to continue to provide information on the activities of the labour supervision bureau and the implementation of the Twin Networks Management system. It also asks the Government to provide information on the staff of the labour supervision bureau, the distribution of these staff and the training activities provided to them during their employment, as well as the resources available to them for the performance of their duties.

Article 6(2)(b). Review of the situation of employed, unemployed and under-employed persons. The Committee notes the Government’s statement, in response to the Committee’s previous request, that it has established the Leading Group of the State Council for Addressing the Issue of Migrant Workers in order to coordinate the efforts of all concerned departments in the regions with regard to safeguarding the rights and interests of migrant workers. The Government also indicates that the employment of migrant workers has stabilized and expanded, and that 9 million training opportunities have been provided to this group, including employment skills trainings, job skills upgrading and entrepreneurship training. The Government further indicates that social security coverage for migrant workers has been consolidated and expanded, including with regard to pensions, workers compensation and unemployment insurance. The Committee asks the Government to continue to provide information on the activities of the Leading Group of the State Council for Addressing the Issue of Migrant Workers, as well as on the impact of these activities.

Article 6(2)(c). Services available to employers and workers. The Committee notes the Government’s statement that since 2009, the Government has pursued the implementation of the Labour Dispute Mediation and Arbitration Act. Measures have been taken to strengthen the labour dispute mediation and arbitration system, including training for personnel in this regard. The Ministry of Human Resources and Social Security has issued several Rules on the arbitration of labour and personnel disputes, as well as a series of policy documents, and several local governments have developed their own respective regulatory policies. The Government indicates that 2,793 labour and personnel dispute arbitration committees have been set up (or adjusted) at various levels. Between 2008 and 2012, the mediation and arbitration institutions at all levels handled approximately 6 million dispute cases, a fourfold increase over the previous five year period. The Committee asks the Government to continue to provide information on the services it makes available to employers and workers, including on the activities of the organs responsible for the settlement of labour disputes.

Article 7. Gradual extension of the labour administration system. The Committee previously noted the Government’s statement that China’s system of labour administration did not entirely cover agricultural workers and self-employed workers. The Government indicated that it would be necessary to gradually extend labour administrative functions to cover these groups, and that it planned to progressively extend social insurance to cover all workers. The Committee once again asks the Government to provide information on any measures taken with a view to the gradual extension of the labour administration system to the categories of workers covered by Article 7.

Article 9. Supervision of parastatal and regional or local agencies to which particular labour administration activities have been delegated. The Committee previously noted that the Ministry of Human Resources and Social Security supervised a number of parastatal agencies to which labour administration activities had been delegated (including the Social Insurance Management Centre, the China Centre of Technical Guidance for Employment and Training, the China Academy of Personnel Studies, the China Academy of Labour Protection, the Institute of Labour Science, the Institute of Labour and Wages, the International Institute of Labour and Information, the Institute of Social Security, the Centre for International Exchanges and Services and the Service Centre for Students Studying Abroad and Experts). Noting an absence of information on this point in the Government’s report, the Committee once again requests that the Government provide an overview of the parastatal agencies to which labour administration functions have been delegated, and to indicate the manner in which these parastatal agencies are supervised.