Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - China (Ratification: 1990)

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.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations of the All-China Federation of Trade Unions (ACFTU) and the China Enterprise Confederation (CEC), transmitted together with the Government’s report.

Article 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that, between 2013 and May 2015, the ACFTU and the CEC were consulted on all reports submitted under article 22 of the ILO Constitution, as well as in relation to the items on the agenda of the International Labour Conference. Three tripartite meetings took place during the period covered by the Government’s report. In addition, measures were adopted to strengthen national tripartite mechanisms and establish tripartite committees in different autonomous regions and municipalities. Training courses and seminars were held in collaboration with the ILO on matters including corporate collective consultation and labour dispute handling, as well as promotion of the employment of persons with disabilities. The Government indicates that the Opinions of the Communist Party of China and the State Council on Building Harmonious Labour Relations were promulgated in March 2015 and are to be implemented by the social partners, which made it necessary to improve tripartite mechanisms for the coordination of labour relations and their organizations. The Committee notes the observations of the CEC concerning its active participation in the revision of relevant labour legislation as well as its efforts to strengthen the capacity of employers’ organizations through research and training. Furthermore, the ACFTU highlights the need to continue efforts in relation to the promotion and strengthening of tripartite mechanisms for the coordination of labour relations. The Committee requests the Government to continue to provide information on the content and outcome of the consultations held on each of the matters concerning international labour standards covered by Article 5(1) of the Convention. It also requests the Government to provide further information on the strengthening of national tripartite mechanisms and procedures which ensure effective consultations, with respect to the matters set out in the Convention.

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

Article 5 of the Convention. Tripartite consultations required by the Convention. The Committee notes the Government’s report received in November 2013 which indicates that, in 2011 and 2012, the Government coordinated with the All–China Federation of Trade Unions and the China Enterprise Confederation for the submission of reports, pursuant to article 22 of the ILO Constitution and under the follow-up to the Declaration on Fundamental Principles and Rights at Work. Furthermore, the Government indicates that the abovementioned organizations were also consulted, when the Ministry of Human Resources and Social Security submitted the HIV and AIDS Recommendation, 2010 (No. 200), and the Domestic Workers Convention, 2011 (No. 189), to the Standing Committee of the National People’s Congress and to the State Council, in April 2012. During the period covered by the Government’s report, three tripartite meetings took place; two training seminars on reporting obligations were held in Beijing, while a meeting held in Nanchang concerned the elimination of child labour. Moreover, the Committee also notes the observations made by the China Enterprise Confederation submitted with the Government’s report concerning its involvement in the revision of relevant labour legislation since 2011. The Committee invites the Government to provide in its next report detailed information on the content and outcome of the consultations held on each of the matters set out in Article 5(1) of the Convention.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Tripartite consultations required by the Convention. The Committee notes the detailed information provided by the Government in its report covering the period from June 2009 through May 2011, received in September 2011, which includes the minutes of the 14th Session of the National Tripartite Conference on Coordination of Labour Relations held in December 2009. The Committee notes that tripartite consultation at the national level included replies to the International Labour Conference questionnaires on decent work for domestic workers (Convention No. 189 and Recommendation No. 201), and for the adoption of the Social Protection Floors Recommendation, 2012 (No. 202). The Committee invites the Government to provide further information in its next report on the tripartite consultations held on the subjects concerning international labour standards listed in Article 5(1) of the Convention.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s report received in September 2009 and the detailed comments it included from the China Enterprise Confederation (CEC) and the All-China Federation of Trade Unions (ACFTU). The Committee invites the Government to continue to provide information on tripartite consultations as covered by the Convention.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the Government's report and the information it contains in reply to its previous direct request. It requests the Government to supply in its next report further information on the following points:

Article 2 of the Convention. Please describe the procedures which ensure effective consultations between representatives of the Government, of employers and of workers on the matters listed in Article 5, paragraph 1.

Article 5. Please supply more specific information on the consultations held on each of the matters listed in paragraph 1 as well as information on their frequency, and specify the nature of any resulting reports or recommendations.

Article 6. The Committee notes the Government's wish to consult employers' and workers' organizations on whether it is appropriate to produce an annual report on the working of the procedures provided for in the Convention and hopes that such a consultation will shortly be held. If so, please indicate the results.

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

The Committee notes with interest the Government's reports for the period 1992-95. It notes the establishment of procedures for tripartite consultation on matters relating to international labour standards. The Government is requested to describe in its next report these procedures which, in accordance with Article 2 of the Convention, must ensure effective consultations between representatives of the Government, of employers and of workers on the matters set out in Article 5, paragraph 1.

The Committee notes the information indicating that, in accordance with Article 4, paragraph 1, administrative support for the procedures is assumed by the Ministry of Labour. It requests the Government to indicate whether arrangements such as those provided for in paragraph 2 have been made with the representative organizations for the financing of any necessary training of participants in the procedures covered by the Convention.

The Committee notes the brief information contained in the Government's successive reports indicating that tripartite consultations within the meaning of the Convention have been held on the matters in Article 5, paragraph 1(a), (b), (c) and (d). It requests the Government to supply in each of its next reports detailed information on the consultations held concerning each of the matters in this provision of the Convention including, as required by the report form, information on their frequency and on the nature of all reports or recommendations resulting from the consultations.

The Committee notes in the last report that no annual report is currently prepared as mentioned in Article 6 on the working of the procedures provided for in the Convention. It would be grateful if the Government would supply information on the consultations held specifically on the question of issuing such a report in accordance with the request contained in the report form.