Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Employment Policy Convention, 1964 (No. 122) - China (Ratification: 1997)

Articles 1 and 2. Formulation and implementation of an active employment policy. Impact of COVID-19. The Committee welcomes the detailed information provided by the Government in its report, in which it highlights the importance it attaches to employment as pivotal to people’s well-being, indicating that it implements an “employment first” policy. The Government indicates that these objectives are reflected in the Opinions on Promoting Employment in the Present and in the Future, the Opinions on Further Improving Employment Stability, and the Opinions on Enhancing Measures to Strengthen Employment Stability in Response to the Impact of COVID-19. The Government indicates that it has taken a series of measures to stabilize employment that include: encouraging enterprises to absorb employment by providing tax reductions or exemptions, social security and loan interest subsidies; enabling workers to start up businesses independently, providing them with business guarantee loans and subsidies, project development services, guidance and other support; promoting flexible forms of employment, such as temporary, part-time, seasonal and flexible work; and providing targeted vocational guidance and employment services for specific groups, such as young persons and migrant workers. The Government refers to the Employment Promotion Plan in the 13th Five-Year Plan (2016-2020), which seeks to expand the scale of employment and further improve employment quality. It indicates that, during the period of the Plan, 50 million people were employed in urban areas, registered unemployment rates in these areas was kept below 5 per cent, and employment of key groups, such as college graduates and migrant workers remained stable. The Government adds that the goals of employment policy, economic and social development include a focus on target groups such as young persons, women, migrant workers, persons with disabilities and rural workers. The Government also refers to its policies on employment assistance, stating that, from 2014 to June 2017, it provided employment services to 6,080,000 jobseekers. The Government is also focusing on promoting equitable cross-regional development and employment services in both urban and rural areas. The Committee notes, however, that the Government has not provided disaggregated statistical data enabling the Committee to examine the effectiveness and impact of the active labour market measures implemented. The Committee requests the Government to provide detailed updated information, including statistical data disaggregated by sex, age, economic sector and region, on the active employment policies and other measures taken during the reporting period, and on their impact in terms of promoting full, productive, freely chosen and sustainable employment opportunities, as contemplated in Article 1 of the Convention. The Committee further requests the Government to indicate how the employment policy objectives contained in the Five-Year Plan (2016–20) on Promoting Employment are coordinated with other economic and social policies as required under the Convention.

Article 2. Employment trends. Labour market information. The Government indicates that, from 2017 to 2020, another 52.5 million people were employed in Chinese cities and towns, 21.66 million unemployed people were re-employed, and 7.04 million people in difficulty were employed. It adds that the registered urban unemployment rate remained within 4.3 per cent each quarter, and employment remained generally stable. The Committee notes the Government’s indication that it aims to continuously improve its labour market information system and has established a system to monitor the overall situation of employment and unemployment, supply and demand in the labour market, the employment of key groups and the employment situation of enterprises. The Committee notes, nevertheless, that the Government has not responded fully to the Committee’s previous comments on this point. The Committee requests the Government to provide updated statistics, disaggregated by sex, age and region concerning the size and distribution of the labour force, the type and extent of employment, unemployment and underemployment and trends both in urban and rural areas. It also reiterates its request that the Government provide information on measures taken or envisaged to improve the labour market information system, particularly with regard to the inclusion of indicators that capture additional factors, such as new or non-standard forms of employment and job creation through entrepreneurship development. The Committee also reiterates its request that the Government provide updated information on the manner in which the labour market information obtained is used in the formulation, evaluation, modification and implementation of active labour market measures.

Employment of young persons. The Government reiterates that it gives priority to the employment of young people, with an emphasis on college graduates. It refers to the implementation of a medium- and long-term youth development plan (2016–25), and to a series of proactive measures aimed at keeping youth employment stable. Policies and measures to promote employment through multiple channels are introduced on an ongoing basis and include incentives such as tax reductions and exemptions, loan interest subsidies and social insurance subsidies to encourage enterprises to hire young persons. In addition, the Government supports new employment modes and various flexible forms of employment. The Government also encourages college graduates to engage in work as volunteers. Since 2017, 127,000 college graduates have been selected to provide support for agricultural, educational and medical development in remote areas as well as assistance to alleviate poverty. The Government has also provided training to 26,400 college graduates participating in the Programme for College Graduates to “Be Volunteer Teachers and Doctors, Provide Assistance to Rural Areas and Alleviate Poverty”. In addition, the Government encourages entrepreneurship and innovation, providing young entrepreneurs with subsidies and guidance, as well as special funds for the development of small and medium-sized enterprises. From 2017 to 2020, 17.5 million young people started up their own businesses. From 2019, the Government implemented the Three-year Traineeship Programme for Millions of Young People, such as organizing unemployed graduates and other young people to go to enterprises to undergo supervised vocational training. From 2019 to 2020, a total of 950,000 young people underwent supervised vocational training. In 2019, there were 770 million employed people nationwide, of which 7.6 per cent were young people aged 16–24. The Committee requests the Government to continue to provide detailed information, including updated statistical information disaggregated by age, sex, region and area of economic activity, on the type and impact of labour market measures aimed at meeting the employment needs of young persons, especially college graduates and those belonging to target groups, such as rural youth, persons with disabilities and young migrant workers. The Committee requests the Government to provide information on the manner in which the measures increase the access of young persons to full, productive, freely chosen and lasting employment.

Employment of women. The Government once again reports one of its primary objectives is to promote women’s employment, offering targeted employment services and standardizing recruitment processes to prevent sexual discrimination and protect women’s right to equality of opportunity and treatment. In its response, the Government indicates that it is promoting the development of the tertiary industry suitable for the employment of women and new forms of green jobs that are suitable for flexible employment and working from home to create more jobs for women. The Government also indicates that it is providing support to enable women to start up their own businesses by strengthening start-up services and training. With respect to eliminating employment discrimination against women, the Government refers to the introduction of the Circular on Further Standardizing Recruitment Behaviour and Promoting Women’s Employment, which prohibits sex discrimination in the recruitment planning and placement process. The Committee notes the Government’s indication that more than 40 per cent of employed people in China are women, stating that in 2017, the number of women in employment nationwide (340 million), was double the number in 1978. In addition, the Government indicates that the scope of women’s employment has widened, with 48.6 per cent of women in professional and technical personnel positions in public sector enterprises and institutions of public sector, an increase of 9.5 percentage points since 1982. The Committee also notes a series of measures taken by the Government to promote participation of women in the labour market by improving childcare services. With respect to the different statutory retirement age provisions for men and women, the Committee notes the Government’s indication that it has adopted a policy of gradually raising the retirement age and that it will undertake consultations in this respect. Noting the Government’s references to promoting suitable employment for women, especially in the form of flexible employment and work from home, the Committee requests the Government to indicate the manner in which the principle of full, productive and freely chosen employment is promoted in the context of women’s employment. The Committee requests the Government to continue to provide detailed information, including updated statistical data, disaggregated by age, region and economic activity, on the impact of labour market measures taken to increase the labour force participation rate of women and address both vertical and horizontal occupational segregation. The Committee also requests the Government to provide information on progress made in expanding the provision of institutional childcare with a view to encouraging women’s participation in the labour market, as well as in establishing the same statutory retirement age for women and men.

Employment of migrant workers. The Government reports on measures taken to improve the employment situation of migrant workers, indicating that by the end of 2020, the number of migrant workers in China had reached 285.6 million, an increase from 281.71 million migrant workers in 2016. The Committee also notes that, pursuant to the Opinion on Further Promoting People Returning to Their Hometowns to Start Up Business or Starting Up Business in the Rural Areas and the Opinion on Promoting High-Quality Development of People Returning to Their Hometowns to Start Up Business or Starting Up Business in the Rural Areas, in 2020, a total of 10.1 million people, including returning migrants, returned to their hometowns to start up their own businesses. The Committee requests the Government to continue to provide information, including updated statistical information disaggregated by sex, age and region, on the nature and impact of measures taken to promote employment and job creation for migrant workers, including internal rural migrants.

Employment of rural workers. The Committee notes that the Government continues its efforts to enhance employment services and vocational skills training to promote rural employment and alleviate poverty in poorer rural areas of the country. The Government is also actively encouraging persons to return to their hometowns in rural areas to start their own business. The Government refers to a series of measures to alleviate poverty in rural areas, including relocation, increasing social welfare jobs and supporting enterprises to employ persons in poverty-stricken areas. It indicates that by the end of 2020, the number of poor labourers in employment stood at 32.43 million. The Committee requests the Government to provide updated statistical data on the employment situation and trends in rural areas. In addition, the Committee requests the Government to provide updated information on the nature and impact of measures taken to reduce regional disparities in terms of access to employment and employment-related services.

Persons with disabilities. The Committee notes with interest the series of measures taken by the Government to promote the employment of persons with different types of disabilities, including one-on-one employment support for college graduates with disabilities. The Government refers to the statistics available from the China Federation for Persons with Disabilities indicating that, from 2017 to 2019, 355,000 persons with certified disabilities in urban and rural areas found jobs, among which 131,000 persons were from urban areas and 224,000 from rural areas. In addition, 625,000 persons with disabilities in urban and rural areas received training. In 2018, 367,000 persons with certified disabilities in urban and rural areas found jobs, among which 118,000 persons were from urban areas and 249,000 were from rural areas. Also, 494,000 persons with disabilities received training in urban and rural areas. In 2019, 391,000 persons with certified disabilities in urban and rural areas found jobs, among which 122,000 persons were from urban areas and 269,000 were from rural areas. 407,000 persons with real names received training for disabled people in urban and rural areas. In 2020, 381,000 persons with certified disabilities in urban and rural areas found jobs, among which 132,000 persons were from urban areas and 249,000 persons from rural areas. 382,000 persons with real names received trainings for disabled people in urban and rural areas. The Committee requests the Government to continue to provide updated detailed information, including statistical data disaggregated by age, sex, urban/rural area and occupation, on the nature and impact of active employment measures taken to promote the employment of persons with mental and physical disabilities, particularly on the open labour market.

Strengthening employment services. The Government once again reports on measures taken to improve the quality and effectiveness of the public employment services, especially for college graduates and rural workers. The Government indicates that, from 2017 to 2020, a total of 217.102 million persons were registered for recruitment by employers, 144.449 million persons were registered as applicants, 71.652 million persons received vocational guidance services, 80.969 million persons received employment services and 80.969 million persons received entrepreneurship services. The Committee requests the Government to continue providing information on the operation of public employment services and private employment agencies and the impact of measures taken to improve and strengthen the public employment services and ensure effective cooperation between the public employment service and private employment agencies.

Development of small and medium-sized enterprises, entrepreneurship and new forms of employment for job creation. The Committee notes the Government’s indication that micro, small and medium sized (MSMEs) have played a significant role in stabilizing economic growth in China, accounting for 99.6 per cent of all market players, producing over 60 per cent of GDP, over 50 per cent of tax revenues and 80 per cent of jobs. The 2020 Assessment Report on the Development Environment of Small- and Medium-sized Enterprises concludes that the targeted measures and policies introduced by the Government during the pandemic are conducive to optimizing the development environment of small and medium-sized enterprises. These measures include advantageous taxation policies, reduction and deferred payment of old-age, medical, unemployment and employment injury insurance, subsidies for stabilizing employment and operation guarantee measures. The Government indicates that, by the end of 2018, there were more than 30 million small and medium-sized enterprises in China and more than 70 million micro-enterprises (including individually-owned businesses and rural cooperatives), and more than 54 million private businesses, with 80 per cent of urban jobs provided by SMEs. The Government encourages entrepreneurship by providing guaranteed loans and subsidies for start-ups, as well as exemption from and reduction of taxes and fees. From 2017 to 2020, a total of 17.5 million young people started up businesses. By the end of 2020, 10.1 million people returned to their home towns to start up businesses. The Committee notes that the Government promotes job creation through new forms of employment. In this respect, the Government refers to the Opinions on Supporting Flexible Employment through Multi-channels, issued by the General Office of the State Council in July 2020, indicating that it considers that flexible employment is an important measure to stabilise and secure employment. It adds that incentives are provided for self-employment and starting up businesses independently and encouraging the creation of part-time jobs, and platform-related employment. The Committee requests the Government to continue to provide information on the nature and impact of the measures taken to generate lasting employment and decent work through the promotion of micro-, small- and medium-sized enterprises and support for entrepreneurship. It also requests the Government to provide information on the measures taken or envisaged, in consultation with the social partners, in relation to supporting flexible employment, including information on the impact of these measures.

Vocational education and training. In response to the Committee’s previous comments, the Government reports that it has introduced lifelong vocational skills training system covering all workers in both rural and urban areas. The Committee notes the Government’s indication that it is undertaking measures to strengthen vocational education and training services available to jobseekers. The Government reports that, from 2017 to 2020, the number of students in technical colleges and schools in China remained above 3.3 million, the number of graduates remained above 900,000 and the employment rate remained above 97.5 per cent. The Government further indicates that unemployment insurance funds are spent on upgrading the vocational skills of insured workers, to enable workers to respond well to changes in the market by becoming more competitive. In 2018, 614,000 workers received upskilling subsidies from unemployment insurance funds. In 2019, after application requirements were relaxed, a total of 1,261 million workers benefited from upskilling subsidies. The Committee requests the Government to provide detailed information on the impact of education and training measures implemented on employment opportunities and on consultations held with the social partners in the development of education and training programmes that meet the needs of the labour market. It also reiterates its request that the Government transmit information on the manner in which coordination is ensured between human resource development policies and active labour market measures developed and implemented.

Article 3. Consultation with the social partners. The Committee notes the Government’s indication that it has taken measures to fully consider the interests and concerns of relevant parties, soliciting opinions from the public through the internet and other media, as well as holding press conferences and interviews. The Government also refers to the establishment of the Inter-ministerial Joint Meeting of the State Council on Employment, which was upgraded to the Leading Group for Employment (LGE) under the State Council in May 2019. The LGE is composed of 23 departments and units involved in employment, including the All-China Confederation of Trade Unions, the All-China Women’s Federation, the China Disabled Persons Federation and the All-China Federation of Industry and Commerce. Its tasks include coordinating work on national employment, working on related regulations, plans and policies, and pushing Government’s departments and local authorities to implement these. The Committee requests the Government to continue to provide information on the nature and outcome of consultations with the social partners and other stakeholders, including in the Leading Group on Employment in the development, implementation, monitoring and review of active employment labour market measures. It also requests the Government to provide information on consultations held with the representatives of the persons affected by the measures to be taken.