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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1 and 4 of the Convention. Effective operation of a system of labour administration. Occupational safety and health (OSH). Following its previous comment, the Committee notes that the Ministry of Emergency Management (MoEM) is in charge of the comprehensive supervision and management of work safety. The Committee also notes that the Work Safety Enforcement, Industrial and Trade Safety Supervision Authority, and the State Mining Safety Inspection Bureau, under the MoEM, are respectively responsible for industry, commerce and mining. The Department of Occupational Health under the National Health Commission is responsible in the field of occupational health. The Committee also notes the Government’s reference to the Safety Production Committee of the State Council established in 2003 as the coordinating mechanism on work safety, of which the main responsibility is to analyse the national situation concerning OSH, develop major guidelines and policies and coordinate the work of different governmental agencies in this regard. In January 2021, the Safety Production Committee issued a notice on the distribution of duties of member agencies of the Work Safety Committee. Accordingly, the MoEM oversees the compliance of laws and regulations in work safety, including the formulation of relevant rules and standards, the provision of advice to enterprises and other entities and the conduct of inspection activities. The duties of the Ministry of Human Resources and Social Security (MoHRSS) include the management of occupational injury insurance, the provision of trainings on OSH to employees in public sector and development of rules and policies relating to the professional qualification in the field of work safety. Other governmental agencies and organizations involved in OSH matters include the Ministry of Public Security, the Ministry of Housing and Urban-Rural Development, the Ministry of Commerce, and the All-China Federation of Trade Unions (ACFTU). The Committee requests the Government to provide more detailed information on the functioning of the Work Safety Committee of the State Council in relation to activities facilitating the cooperation between different governmental agencies, such as consultative meetings, information sharing and joint inspection actions.

Articles 6(1) and 10. Bodies responsible for the preparation and implementation of laws and regulations giving effect to national labour policy. Human resources and material mean necessary for the operation of the labour administration system. Labour Inspection. The Committee notes that in reply to its previous comment, the Government indicates that the administrative departments of human resources and social security at all levels perform labour inspections and strengthen the prevention of illegal acts. Both the target of the inspection activity and the inspector in charge are randomly selected. The results of such inspection are accessible to the public. Measures are also taken to ensure the coordination of the labour inspection bureau of different provinces and the cooperation with the criminal justice authorities. Moreover, a number of compliance mechanisms are established, including the grading system of labour law compliance and the publication system of major violations, including serious wage arrears. The Government indicates that the Twin Networks Management system is strengthened through improved division of grids and information collection, as well as the deployment of assistant coordinators. Labour inspections have been turned from being passive and reactive to active and preventive, and monitoring coverage is expanded to all types of employers in both urban and rural areas. By the end of 2021, there were 27,700 full-time labour inspectors in 4,001 labour inspection offices, with 1,163,000 employers actively inspected and 106,000 cases of violations detected. According to the Measures for the Administration of Labour Inspectors, the training of labour and social security supervisors is included in the civil servant training plan of the human resources and social security departments and is implemented in accordance with the relevant civil servant training regulations. Labour inspectors go through an examination and verification system every three years. If they fail the examination and verification according to the regulations, or are found incompetent after examination, their labour inspector certificates are cancelled. In addition, human resources and social security departments at all levels establish a training system for labour inspectors, formulate training plans and organize training sessions in accordance with the skills required for their position, in order to continuously improve the quality of inspection work. The Committee requests the Government to continue to provide detailed information on the activities of the labour supervision bureau, including the number of inspections carried out, violations detected, and sanctions imposed. It also requests the Government to continue to provide information on the staff of the labour supervision bureau and the distribution of these staff, as well as on the training activities provided to them during their employment, including the frequency and the contents of such training.

Article 6(2)(b). Review of the situation of employed, unemployed and under-employed persons. Internal migrant workers. Following its previous comment, the Committee notes the Government’s information on the activities carried out to improve the working and living conditions of internal migrant workers. Targeted skill trainings were organized in order to upgrade their employment and entrepreneurial ability. The Government indicates that the scale of migrant workers' participation in social insurance schemes continues to expand, and that insurance against injury at work for migrant workers in the field of construction basically achieves full coverage. Moreover, the Regulation to protect wage payment of migrant workers was adopted in 2019. In addition, the reform of the household registration system facilitates the settlement of migrant workers in urban areas, with improved public service in education, housing and healthcare. The Committee also notes the statistical information provided by the Government, according to which, the number of migrant workers reached 293 million in 2021, an increase of 18.56 million from 2014. In 2021, the average monthly income of migrant workers reached RMB 4,432, which represent an increase of RMB 1,568 from 2014. The Committee requests the Government to continue to provide information on the review of the situation of internal migrant workers, as well as the measures undertaken or envisaged to improve their working conditions.

Article 6(2)(c). Services available to employers and workers. The Committee notes the Government’s reply to its previous comment that the public employment service system covers both urban and rural areas, providing policy consultation, information sharing, vocational training, job placement and guidance for job hunting and entrepreneurship to all types of workers without charge, as well as recruitment services to employers. Measures are also taken to improve the service quality, including the simplification of procedures, the provision of online services and the establishment of a unified national information-sharing platform. The enhanced inter-regional recruitment cooperation promotes labour mobility and improves the labour force allocation. Moreover, assistance is provided to people with employment difficulties, such as tax and fee reductions, loan subsides, social insurance subsides and allowance for job placement. Welfare jobs are provided if no employment is available on the labour market. Regarding labour dispute mediation and arbitration, from 2016 to 2020, arbitration committees at all levels treated about 5.583 million disputes, involving 5.758 million workers. The rate of cases closed by arbitration increased from 53.1% in 2015 to 70.5% in 2020. Moreover, a number of normative documents were issued jointly by the MoHRSS and the Supreme Court, in order to facilitate the transfer and connection of cases between arbitration and litigation. The Committee takes note of the Government’s information which addresses its previous request.

Article 7. Gradual extension of the labour administration system. Following its previous comment, the Committee notes the Government’s indication that the labour administration system covers all types of workers, including agricultural workers and self-employed workers. In addition to the Regulation to protect wage payment of migrant workers adopted in 2019, the MoHRSS issued Interim Measures for the management of the list of employers failing to pay wages to migrant workers in 2021. Moreover, guidelines for protecting labour rights of workers under new forms of employment (including those working in the platform economy) was jointly developed and published in 2021 by the MoHRSS, the ACFTU and the Supreme Court, among others. The Committee notes the Government’s information which addresses its previous request.

Article 9. Supervision of parastatal and regional or local agencies to which particular labour administration activities have been delegated. Following its previous comment, the Committee notes the Government’s indication regarding the functions of a number of parastatal agencies under the supervision of the MoHRSS. According to the Government, the Social Insurance Business Management Centre is a Ministry-affiliated institution responsible for the comprehensive management of social insurance administration such as pensions, unemployment insurance and work injury insurance nationwide. The China Centre of Technical Guidance for Employment and Training is responsible for the technical guidance of employment and vocational training. The China Academy of Personnel Science and the China Academy of Labour and Social Security Sciences are research institutes and do not perform any administrative functions. The International Exchange Service Centre and the Service Centre for Overseas Students and Experts are both directly managed by the MoHRSS and do not have administrative functions. The Committee notes the Government’s information which addresses its previous request.

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

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

With reference to its observation, the Committee would like to bring to the Government’s attention the following additional issues.

Articles 1, 4 and 8 of the Convention. Organization, functioning and supervision of the labour administration system. The Committee notes from the Government’s report that the Ministry of Human Resources and Social Security was established in March 2008, on the basis of a consolidation of the functions and responsibilities of the Ministry of Personnel and the Ministry of Labour and Social Security. The functions of the Ministry include on the one hand, the promotion of employment, safeguarding stable labour relations and improving the social security system, and on the other, the management of civil servants in government agencies and institutions. The Committee also takes note of the organigram of the new Ministry attached to the Government’s report. It notes with interest the detailed information provided in the Statistical Bulletin on Human resources and social security utilities and services, with regard to the operation and coordination of the Ministry’s main areas of activity, i.e. (1) extending the coverage of social security in relation to old age, medical, unemployment, occupational injuries and maternity insurance, and ensuring the supervision of the social insurance fund; (2) ensuring harmonious labour relations including through labour inspection and settlement of labour disputes notably in the area of wage payment and conclusion of labour contracts; (3) rationalization of the income‑distribution pattern; (4) promoting reform of the personnel system for a better institutional mechanism for human resources and implementing a talent strategy for national development through a reservoir of talents; (5) constructing a legal system for human resources and social security and cultivating harmonious labour relations to safeguard the lawful rights of workers; and (6) building capacities and infrastructure. The Committee would be grateful if the Government would continue to provide information on the Ministry’s activities in the above areas. Please also indicate the manner in which priorities and targets are set, activities are planned and reporting is carried out so as to ensure the effective functioning and coordination of the labour administration system. Finally, the Committee would be grateful if the Government would provide an overview of the external structure of the Ministry throughout the country.

Article 6(1). Bodies responsible for the preparation, administration, coordination, checking and review of national labour policy. The Committee takes note of the information provided by the Government on the bodies entrusted with various aspects of the national labour policy on the basis of the State Council’s “Regulations on the Main Functions, Internal Structure and Staffing of the Ministry of Human Resources and Social Security.” It notes in particular with interest the recent establishment of a labour supervision bureau aimed to: develop a system of labour inspection; organize the carrying out of labour inspection and investigate major cases and propose solutions; guide localities in carrying out labour inspection activities; coordinate endeavours to protect workers’ rights and organize responses to incidents; and undertake other types of work related to the supervision and inspection of human resources and social security administration. The Committee also notes with interest that a public employment service system has taken initial shape through the establishment of general service points above the county level, offering “one stop” employment services such as policy consultation, job offers, occupational guidance, employment assistance, etc., and carrying out administrative functions entrusted by the administrative departments, such as registering unemployment, recruitment records, archive management etc. The Committee would be grateful if the Government would continue to communicate information on the activities of the Labour Supervision Bureau and the public employment service system along with those of other bodies within the Ministry entrusted with the preparation, coordination and review of national labour policy.

Article 6(2)(b). Review of the situation of employed, unemployed and under-employed persons. The Committee notes the measures taken by the Government to address the issue of internal migrant workers, including the issuance of “Certain opinions on addressing the issue of migrant workers” (with the objective of “establishing the employment system of a uniform labour market for both urban and rural areas to facilitate fair competition; and establishing a public employment service system and regime that can benefit migrant workers and other urban-rural stakeholders”) as well as the reform of the resident registration system so as to gradually solve the issue of resident permits for migrant workers who live and work in cities on a long-term basis. The Committee would be grateful if the Government would provide further information in its next report on the implementation and impact of the Certain Opinions on Addressing the Issue of Migrant Workers and the resident registration system reform.

Article 6(2)(c). Services available to employers and workers. The Committee notes that according to section 8 of the Act, a tripartite labour relation mechanism shall jointly study and resolve major issues of labour disputes, while according to section 19 of the Labour Dispute Mediation and Arbitration Act, tripartite labour dispute arbitration commissions shall oversee the functioning of the dispute resolution system and discuss major or complicated labour dispute cases. The Committee also notes from the Statistical Bulletin communicated by the Government, that in 2008, the labour dispute arbitration organs admitted 693,000 cases of disputes, including 22,000 cases of collective labour disputes involving 503,000 people, and settled 523,000 cases (86 per cent). The Committee would be grateful if the Government would continue to provide information on the activities of the organs responsible for the settlement of labour disputes.

Article 7. Gradual extension of the labour administration system. The Committee notes from the Government’s report that, at present, China’s system of labour administration has not covered entirely agricultural workers and self‑employed workers listed in Article 7; the Government believes nevertheless, that it would be necessary to gradually extend labour administrative functions to cover these groups and plans to gradually extend social insurance to cover all workers. The Committee would be grateful if the Government would provide information in its next report on progress made with a view to the gradual extension of the labour administration system to all categories of workers covered by Article 7.

Article 9. Supervision of parastatal and regional or local agencies to which particular labour administration activities may have been delegated. The Committee notes that the Ministry of Human Resources and Social Security apparently supervises a number of parastatal agencies to which labour administration activities have been delegated (e.g., Social Insurance Management Centre, China Centre of Technical Guidance for Employment and Training, China Academy of Personnel Studies, China Academy of Labour Protection, Institute of Labour Science, Institute of Labour and Wages, International Institute of Labour and Information, Institute of Social Security, Centre for International Exchanges and Services, Service Centre for Students Studying Abroad and Experts, etc.). It also notes from the 2008 Statistical Bulletin, that by the end of 2008, the Ministry had reviewed and approved 76 projects submitted by State-owned enterprises to change ownership status for their auxiliary operations; the projects touched upon 5,315 entities, involving the transfer and placement of 887,000 workers. The Committee would be grateful if the Government would provide an overview of the parastatal agencies under its supervision or any local agencies of the Ministry of Human Resources and Social Protection, and describe the manner in which these parastatal and local agencies are being supervised.

Article 10. Staff and material resources of the labour administration system. The Committee takes note of the information provided by the Government on the entities responsible for managing the staff working within the system of labour administration and the manner in which the staff are recruited, assessed, etc. It also notes that the Ministry of Human Resources and Social Security has 579 staff posts and the actual number of staff members is 557 persons; the institutions directly affiliated to the Ministry have 1,726 staff posts and the actual number of employees is 1,368 persons. The Committee would be grateful if the Government would communicate information on any periodical assessment of staffing needs and reviews of the material and financial resources allocated for the performance of the duties of the Ministry of Human Resources and Social Security within the framework of the national budget.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee takes note of the Government’s report which was received on 8 September 2009, as well as the documentation annexed thereto. It notes with interest the adoption of several Acts relevant to the functioning of the labour administration system, notably, the Labour Contract Act and the Employment Promotion Act in 2007, as well as the Labour Dispute Mediation and Arbitration Act in 2008.

Article 5 of the Convention. Consultation, cooperation and negotiation between the public authorities and organizations of employers and workers. The Committee notes with interest that according to the Government, the National Tripartite Conference on Coordination of Labour Relations has played a crucial role in the process of labour legislation, especially in developing the Labour Contract Act, the Employment Promotion Act and the Labour Dispute Mediation and Arbitration Act. At the same time, there has been extensive involvement of the tripartite partners in the formulation of employment policies and regulations as well as their enforcement, especially the implementation of the Labour Contract Act by establishing and improving the collective bargaining system, facilitating payment of wage arrears, and conducting activities for building harmonious labour relations. Since 1 June 2007, the National Tripartite Conference had held two sessions focusing, among other things, on the establishment and improvement of the collective consultation system and devising solutions to delayed wage payment.

The Committee notes from the Government’s report that at the 13th Session (December 2008) of the National Tripartite Conference on Coordination of Labour Relations a decision was taken to modify this tripartite mechanism by specifying its composition, functions, agenda for coordination, working principles and meeting system. The Committee notes that according to the documentation provided by the Government, these functions will include among other things the establishment and improvement of a working system of labour relations and the promotion of: local-level tripartite labour relations coordination mechanisms; labour contracts; collective contracts; democratic management systems; and labour dispute settlement mechanisms; within this framework, subjects for coordination shall include “the promotion and improvement of the labour contract system and the system of collective contract” as well as the “prevention and settlement of labour disputes” and the “establishment of unions and federations of enterprises”. According to the Government, at present, more than 10,000 organizations within the tripartite mechanism have been set up at various levels across the country. The Committee would be grateful if the Government would continue to provide information on the activities of the National Tripartite Conference and their impact, including in relation to the promotion of collective contracts, the establishment of local-level tripartite labour relations coordination mechanisms and the creation of labour dispute settlement mechanisms.

The Committee also notes with interest from the Government’s report that, to address the impact of the financial and economic crisis on the country, the three parties of the National Tripartite Conference jointly issued on 23 January 2009, the Guiding Opinions on Addressing the Current Economic Situation and Stabilizing Labour Relations (HRSS[2009]18), which encourages and promotes consultations and negotiations on adjustment of wages, elastic working hours, on‑the-job training and other measures to stabilize employment and minimize job cuts. In this context, the National Tripartite Conference has undertaken to continue to play a central role in promoting the “Rainbow Project” for the all-out implementation of the collective contract system and to intensify the coordination of labour relations including through the promotion of negotiation mechanisms at enterprise level as an institutional guarantee that binds together workers and enterprises to help them share the risks, overcome difficulties and grow together. The National Tripartite Conference has moreover undertaken to address the issues of layoffs and non-payment of wages through among other things, the extension of the system of wage guarantee funds, the establishment of early warning mechanisms and the creation of a labour relations emergency response mechanism (Minutes of the 13th Session of the National Tripartite Conference and text of the Guiding Opinions on Addressing the Current Economic Situation and Stabilizing Labour Relations). The Committee would be grateful if the Government would provide further information on the activities carried out for the implementation of the Guiding Opinions on Addressing the Current Economic Situation and Stabilizing Labour Relations and specify the impact of these activities in devising responses to the current economic situation and promoting stability in labour relations.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with interest the Government’s first report. In order to assess more accurately the effect given to the provisions of the Convention, it would be grateful if the Government would provide in its next report further information on the following points.

1. Organization of the labour administration system. Please provide the organization chart of the Ministry of Labour and Social Protection. Please describe any new measures taken to ensure that the labour administration system operates efficiently and that the functions and responsibilities assigned to it are properly coordinated, in accordance with Articles 4 and 8 of the Convention.

2. Tripartite cooperation. Please continue to provide information on the work of the tripartite conference for the coordination of labour relations, indicating the opinions issued and the manner in which they have been taken into account. Please describe any progress made concerning the implementation and improvement of the labour relations coordination mechanism at the level of provinces, autonomous regions and towns, as well as in the different sectors of activity (Article 5).

3. Gradual extension of the labour administration system. Please describe the measures taken or envisaged with a view to gradually extending the functions of the administration to cover all agricultural workers and self-employed workers (Article 7).

4. Staff and material resources of the labour administration system. Please provide detailed information on the number of staff of the labour administration system at different grades and on the material and financial resources allocated for the performance of their duties (Article 10).

5. Application of the Convention in practice. Please send extracts of any reports or other periodic information provided by the principal labour administration services concerning the application of the Convention in practice (Part IV of the report form).