Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - China (Ratification: 1934)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request, and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1(2) of the Convention. Transfer of benefits abroad. The Committee takes due note of the adoption and entry into force, during the reporting period, of the Social Insurance Law of 28 October 2010 as well as the amendments made to the Regulations on occupational injury insurance on 20 December 2010. In its report, the Government indicates that foreigners who are entitled to receive occupational injury benefits on a monthly basis may have their benefits paid outside the territory of China in case of residence abroad in accordance with the relevant policy provisions. The management centres of social insurance at various levels are responsible for the registration, collection of contributions, determination of benefit entitlements and payment of occupational injury benefits. The Committee requests the Government to indicate the manner in which the transfer abroad of cash benefits in case of industrial accidents is regulated, as regards both Chinese nationals and nationals of States parties to the Convention and their dependents.

Article 1(1). Illicit employment. In its report, the Government refers to the Methods for Lump Sum Compensation for Work related Casualties in Entities of Illicit Employment (as amended on 31 December 2010) appended to its report. As this text has not been received by the Office, the Committee would be grateful if the Government would supply a copy of it, indicating whether the latter makes a distinction between illicit employment of foreign and domestic workers.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1, paragraph 1, of the Convention. Equal treatment. The Committee notes from the information sent by the Government in its report that a new regulatory text on industrial accident insurance was adopted during the period covered by the report. It understands that section 2 of these new regulations requires all enterprises to take out occupational accident insurance for all their wage earners and employees without any distinction as to nationality, and requests the Government to indicate in its next report whether this is indeed the case.

Article 1, paragraph 2. Transfer of benefits abroad. The Committee further notes from the Government’s report that there are no special agreements with other States parties to the Convention (currently 121 States) on payments that may have to be made outside China in the event of transfer of residence abroad following an industrial accident. The Government indicates in this connection that the 180,000 foreign workers counted in the country are for the most part managers and technical staff employed in foreign-capital enterprises, but that it has no disaggregated statistics on industrial accidents pertaining to these workers specifically. The Committee would be grateful if the Government would indicate the manner in which the new regulatory framework governs the transfer abroad of cash benefits for industrial accidents, as regards both Chinese nationals and nationals of States parties to the Convention and their dependents (Article 1, paragraph 2). Please provide a copy of the provisions that specifically govern the transfer of benefits abroad.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

1. In its previous comments, the Committee noted the adoption in 1996 of provisional Regulations on insurance against industrial injuries intended to reform and improve the former system of accident compensation. These Regulations, which were indicated as being appended to the Government’s report, have not been received by the Office. The Committee once again requests the Government to provide a copy.

2. Part V of the report form. The Committee notes that in its report provided in 1996, the Government indicated that 180,000 foreign nationals worked in China and no cases of employment accidents had been recorded in their case. In its last report, the Government merely states that the number of foreign nationals working in China at the end of 2000 was 65,000. The Committee would be grateful if the Government would continue to provide statistics on the number and nationality of foreign nationals working in China, on the number of accidents involving these workers and, where appropriate, the amount and nature of the compensation paid to them. Please also provide information, in accordance with Part V of the report form, on the manner in which the Convention is applied in practice and on the conclusion of any arrangements referred to in Article 1, paragraph 2, of the Convention.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes the information provided by the Government in its last report, in particular the information on the reform of the industrial injury insurance system. In this regard, the Committee notes that the Ministry of Labour in 1996 promulgated provisional Regulations on Insurance Against Industrial Injuries with the aim of reforming and improving the old system of compensation; section 2 of these new Regulations specifies that all enterprises and persons employed in China are required to observe these Regulations. The Committee hopes that the Government will provide a copy of these Regulations with its next report.

2. The Committee also notes the adoption in 1996 by the Ministry of Labour and the Ministry of Foreign Affairs of Regulations concerning the employment of foreign citizens in China. The Committee notes with interest that, under section 23 of these Regulations, national legislation applies to foreign citizens employed in China, including with regard to occupational safety and health and social security.

3. The Committee notes the Government's statement to the effect that China has not signed any agreement of the type referred to in Article 2, paragraph 2, of the Convention, but that the need to do so will make itself felt as the country opens up to the world and its foreign exchanges increase. The Government is requested to provide information on any development in this regard.

4. The Committee notes that, in 1996, 180,000 foreigners were working in China and that there had been no reported cases of accidents involving these workers. The Committee would be grateful if the Government would continue to provide, in accordance with point V of the report form, information on the application in practice of the Convention by providing, where possible, extracts from inspection reports and statistics on the number and nationality of foreigners working in China, the number of accidents involving these workers and, where appropriate, the amount and nature of compensation paid to them.