Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

Development of small and medium-sized (SMEs) enterprises, entrepreneurship, and new forms of employment for job creation. The Committee notes the information provided by the Government concerning the measures implemented to support SMEs, business startups and innovation with a view to boosting job creation and keeping employment stable, such as the adoption of the Plan on boosting employment and entrepreneurship of novel and elite small and medium-sized enterprises, specialized in a niche market and cutting-edge technologies; and the provision of fiscal subsidies, tax incentives; and loans. In this regard, the Government indicates that the maximum loan amount for personal entrepreneurship guarantee loans has been raised to 300,000 yuan renminbi (approximately US$4,200) and the maximum loan amount for entrepreneurship guarantee loans of small and micro enterprises has been increased to 4 million yuan renminbi (approximately US$560,000). The Committee also notes that ILO and the Government have collaborated in initiatives, such as the Start and Improve Your Business (SIYB) program, which aim to provide entrepreneurship and management training to potential and existing small business owners. The Government adds that groups in vulnerable situations (such as persons facing poverty, long-term unemployed, families where no one is employed, families enjoying subsistence allowances, and college graduates engaged in self-employment) can be exempt from taxes by up to 20,000 yuan renminbi (approximately US$2,800) per household each year for three consecutive years. With regard to workers in flexible employment, the Government indicates that, following the amendments/revision/ of the Trade Union Law of the People’s Republic of China (effective as of 2022), workers in new forms of employment have the right to join and organize trade unions. The Government adds that, from 2021 to the end of June 2023, 12.27 million workers in new forms of employment were unionized. 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, business startups and innovation. In this respect, the Committee would also welcome receiving information on measures taken or envisaged with a view to: (i) promote SMEs growth by improving access to finance through reduced transaction costs and interest rates; (ii) ensure that there are no skills shortages at both managerial and workforce levels; (iii) secure access of SMEs to basic infrastructure and business networks, so as to promote high employment quality in SMEs in terms of wages, social security, and working conditions; (iv) reduce the productivity gaps between SMEs and larger enterprises to promote higher income generation and growth, and SMEs operating in the formal economy; (v) provide SMEs with the skills and resources to leverage new digital technologies and be equipped for a just transition to an environmentally sustainable future; and (vi) promote women entrepreneurship by eliminating existing barriers, including discrimination and a gender pay gap. Finally, the Committee also requests the Government to continue to provide information on the measures taken or envisaged in relation to the abovementioned flexible employment, including information on the impact of these measures, in consultation with the social partners, and in view of the core objective of the Convention to promote full, productive and freely chosen employment.

Strengthening employment services. The Committee notes the Government’s indication that, as of May 2024, public employment service agencies have been set up at all localities at the district (county) level and above, and that over 80 per cent of communities (villages) are equipped with labour and social security personnel, forming a basic employment service network covering the five levels of provinces, cities, counties, townships, and villages. The Government provides information on the measures taken to improve the quality and the effectiveness of the public employment services, such as: (i) the expansion of the employment service system to cover both urban and rural areas; (ii) the issuance and implementation of public employment service standards to regulate the services provided, such as employment and unemployment registration, employment assistance and career guidance; and (iii) the acceleration of the digitization of employment services, including launching the national platform for unemployment registration (China Public Recruitment Website) and an application for unemployed graduates to register for job hunting. With regard to public employment agencies, the Government indicates that, as of the end of 2023, there were a total of 4,434 public employment agencies nationwide, providing job seeking registration, career guidance, and entrepreneurship services for 125 million workers, registering 110 million job openings, and providing employment guidance to 5.88 million employers throughout the year. Concerning private employment agencies, the Government indicates that, as of the end of 2022, there were 63,000 private employment agencies with 1.04 million employees, providing employment, career selection, and relocation services to 310 million workers throughout the year, with a year-on-year increase of 3.2 per cent, and providing services to 52.68 million employers, with a year-on-year increase of 3.3 per cent. The Committee requests the Government to continue providing updated information on the operation of public employment services and private employment agencies, including statistical information on the number of persons that benefited from employment services prior to finding employment out of the total number of persons who accessed employment during the reporting period. It also requests the Government to continue to provide information on the measures taken to improve and strengthen the public employment services and ensure effective cooperation between the public employment service and private employment agencies.

Employment of women. The Government reiterates once again the importance it attaches to promoting women’s employment through various channels and provides information on the measures taken to ensure their equal right to work, including improving childcare services. The Committee notes that the Government refers to the Plan for Boosting Employment During the 14th Five-Year Plan Period and the Outline for Women’s Development in China (2021–30) and to amendments made in 2023 to the Law on the Protection of Women’s Rights and Interests. The Government also informs about measures to promote women’s entrepreneurship, innovation, flexible employment, and the provision of targeted public employment services. In this regard, the Government reports that, in 2023, women’s federations in various localities held 16,925 job fairs and provided training to 691,000 women. Concerning the different statutory retirement age provisions for men and women, the Government indicates once again that it is in the process of developing a policy for gradually raising the retirement age to facilitate the full utilization of human resources. The Committee also notes that, in 2015 and 2016, the ILO collaborated with the Ministry of Human Resources and Social Security (MOHRSS) on research related to promoting gender equality in employment and employment services and that a women entrepreneurs training manual has been developed by adapting the ILO’s GET Ahead Training Manual. In addition, the Committee notes from the report of the OHCHR for the HRC/UPR of China, held on 23 January 2024, the concern expressed by the CESCR that gender disparities persisted, especially in relation to employment, the gender wage gap, housing, and access to higher education (A/HRC/WG.6/45/CHN/2, paragraph 41). The Committee further notes that the Government does not provide statistical data, disaggregated by age, region and economic activity, on the impact of labour market measures taken to increase the participation of women in the labour market in China. In view of the above, the Committee requests the Government to continue to provide information on: (i) the measures taken or envisaged to promote women’s employment and to ensure their equal right to work; and (ii) the progress made in expanding the provision of institutional childcare with a view to encouraging women’s equal participation in the labour market, as well as in establishing the same statutory retirement age for women and men. It also reiterates its request to the Government 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.

Employment of young persons. The Committee notes that the Government’s report refers to the implementation of the Medium- and Long-Term Youth Development Plan (2016–25) and a series of proactive measures to keep youth employment stable. These measures include: (i) insurance subsidies to encourage enterprises to hire young persons; (ii) incentives such as tax reductions and exemptions; (iii) loan interest subsidies for startups; (iv) business guarantee loans; (v) vocational training of college graduates in their graduation year; and (vi) strengthening of the employment services. The Government also provides information on the creation of more jobs at the grassroots level through the implementation of various programmes like “Three Supports and One Alleviation”, “Special-Post Teacher Recruitment”, and “Go West”. The Government further indicates that it has implemented a recruitment plan for one million internship posts and has promoted the lifelong vocational training system under the Plan on Vocational Skills Training during the 14th Five-Year Plan Period. Furthermore, the Government indicates that in 2022, it provided support to over 2.5 million unemployed graduates in securing jobs, and in 2023, it introduced targeted policy measures to support the youth in employment and entrepreneurship. However, the Committee notes that the Government does not provide the statistical information requested in its previous comments. The Committee, therefore, reiterates the request to the Government to provide detailed information - including updated statistical information disaggregated by age, sex, region, and area of economic activity - on: (i) the nature 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; and (ii) the manner in which those measures increase the access of young persons to full, productive, freely chosen and lasting employment.

Persons with disabilities. The Committee notes the information provided by the Government on the legislative and policy measures taken to promote employment and entrepreneurship of persons with disabilities, such as (i) the implementation of the three-year action plan on promoting the employment of persons with disabilities (2022–24); (ii) the provision of targeted free employment services to persons with disabilities in urban and rural areas; (iii) the provision of subsidies and business guarantee loans; and (iv) the implementation of measures aimed at promoting skills training of persons with disabilities, including the formulation of the Plan for Vocational Skills Improvement of Persons with Disabilities during the 14th Five-Year Plan Period (2022). The Government reports that, between 2022 and 2023, there was an increase of 1.136 million persons with disabilities employed in urban and rural areas. The Government adds that, between 2021 and 2023, the employment rate of college graduates with disabilities who wanted to be employed exceeded 85 per cent for three consecutive years, and a total of 1.534 million persons with disabilities participated in vocational training. However, the Committee observes that the Government does not provide the statistical information requested in its previous comments. Furthermore, the Committee notes from the report of the OHCHR for the HRC/UPR of China, held on 23 January 2024, the recommendation of the Committee on the Rights of Persons with Disabilities that China adopt a unified concept of disability in all professional and legal areas in line with the purpose and principles of the Convention on the Rights of Persons with Disabilities (CRPD) and covered all persons with disabilities, including women and children with disabilities (A/HRC/WG.6/45/CHN/2, paragraph 52). In this context, the Committee requests the Government to indicate in its next report the impact of the measures taken so far to secure decent employment for persons with disabilities, and whether this has been achieved.TheCommittee also reiterates its request to the Government 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.

Previous comment

Articles 1 and 2 of the Convention. Implementation of an active employment policy and employment measures. The Committee welcomes the detailed information provided by the Government about its employment policy and employment measures, including statistic data, disaggregated by sex, age, and economic sector, on the labour force, employment, unemployment (including long-term unemployment) and underemployment. The Committee also notes the information provided by the Government that the labour market situation in the HKSAR had gradually improved in the period 2021–23 after the COVID-pandemic. In this context, the Committee notes that the seasonally adjusted unemployment rate had steadily decreased from 7.2 per cent in December 2020 to 4 per cent in 2021 and stood respectively at 3.3 per cent in 2022, 2.8 (2.9) per cent in 2023 and 2.9 (3.0) per cent in the first quarter of 2024. Regarding underemployment rate, the Committee notes that it decreased from 3.9 per cent in December 2020 to 1.7 per cent in the fourth quarter of 2021 and stood respectively at 1.5 per cent in 2022 and at 1 per cent in 2023 and in the first quarter of 2024. With regard to labour force, the Committee notes the increase after the COVID-pandemic, and it stood at 57 per cent in the first quarter of 2024. The Committee also notes the statistical information, disaggregated by economic sector, according to which the highest number of employed persons is in the public administration, social and personal services (1,140,900), followed by financing, insurance, real estate, professional and business services (847,800); retail, accommodation, and food services (532,000) and construction (350,500). In this context, the Government states that the construction industry continues to be a critical driver of economic development in the HKSAR, employing approximately 10 per cent of the total employed population. Furthermore, the Committee notes the information related to the intention of the Government to expand the HKSAR’s economic capacity with a focus on the development of a more dynamic and diversified economy to generate a greater number of high-quality employment opportunities in the labour market. In this regard, the Government indicates its intention to develop a “headquarters economy” and to attract quality enterprises to establish their headquarters and/ or corporate divisions in the HKSAR. For this purpose, the Government informs about the establishment in 2022 of an Office for Attracting Strategic Enterprises. As of May 2024, the Office has engaged more than 200 enterprises, of which around 30 have already landed or expanded in the HKSAR or are about to do it in the near future. In this context, the Government indicates its expectations these companies to invest over 30 billion Hong Kong dollars (approximately US$3.5 billion) in the HKSAR and respectively, to create more than 10,000 job opportunities. In this context, the Committee notes the information related to development projects, among which the Government highlights the development of the Northern Metropolis which serves as an important base for promoting the development of innovation and technology industries. The Government indicates that it expects this project to ultimately evolve into a metropolitan area with an estimated residential population of 2.5 million offering approximately 500,000 job opportunities. Furthermore, with regard to the Working Family Allowance (WFA) Scheme (put in place during the previous reporting period and formerly named as the Low-income Working Family Allowance (LIFA), the Committee notes the detailed information about the rates of the allowances, the number of approved applicants and the amount of funds allocated to the WFA. In this regard, the Government informs that from May 2016, when the Government introduced the LIFA Scheme, to 31 May 2024, around 781 000 applications were approved with allowances exceeding 11.436 billion Hong Kong dollars (approximately US$1.5 billion) disbursed. As at end-May 2024, there have been around 51 000 active households (involving over 171,000 persons) under the WFA Scheme. The Government further informs that the annual payout of WFA increased by over 160 per cent from around 650 million Hong Kong dollars (approximately US$8.2 million) in 2017–18 to 1.713 billion Hong Kong dollars (approximately US$219 million) in 2023–24, which indicates that working families’ awareness of the WFA Scheme has significantly increased. The Committee requests the Government to continue to provide detailed updated information, including statistical data disaggregated by sex, age, and economic sector, on the nature, scope and impact of the measures taken to promote full, productive, and freely chosen employment. The Committee also requests the Government to continue to provide up-to-date information about the application of the WFA Scheme.

Education and training policies. The Committee notes the updated information related to the Government’s education and training policies, including vocational training, and retraining of employees. In this regard, the Government informs that in the 2022–23 academic year the Vocational Training Council (VTC) provided about 40,000 study places in its post-secondary three and six level programmes. In addition, the Government refers to the activities of the Construction Industry Council (CIC) which is competent to train local construction personnel, and to enhance promotional and publicity activities to attract especially young people to the industry. The Committee notes that from June 2021 to May 2024 the CIC has trained over 60,000 constructions workers annually through its full-time and part-time training courses and collaborative training schemes for skilled workers. In this regard, the Government provides information related to (i) the launch of a “multi-skilled” training programme in January 2024; (ii) the launch of the “Certificate in Construction and Safety Practice” course in November 2023 to address the growing demand for construction safety officers; (iii) the attained Qualifications Framework accreditation for various courses, providing systematic on-the-job training and education ladder for trainees; (iv) provided career education and career support services for the ethnic minorities (EM) students to enhance their adaptability and soft skills at workplaces; (v) the active collaboration with the industry to enhance training, promotion and recruitment to attract more new entrants and job changers, including female, to join the construction industry; (vi) the CIC’s assistance of graduates from full-time courses in securing job placement and the Committee notes that according to the information in the report in 2023 about 85 per cent of the trainees were successfully placed upon graduation. The Committee further notes the information related to the elements in the CIC’s courses, including “Smart Site Safety System”, “Building Information Modelling”, “Modular Integrated Construction” method and robotic application. In addition, the Government informs about the training programmes at Higher Diploma, Diploma and Certificate levels, offered by the Clothing Industry Training Authority (CITA) to more than 4 600 fashion practitioners each year from 2021 to 2023. The Government further refers to the Future skills programmes and activities, offered by the Hong Kong Productivity Council (HKPC)’s HKPC Academy to equip employees, students, and teachers with digital and personal skills. In this regard, the Committee notes that, according to the provided information, the HKPC Academy has organised from June 2021 to May 2024 more than 2 800 Future Skills related training programmes and activities, attended by more than 100 000 participants. In addition, the Government indicates the number of local education institutions at different levels. With regard to the activities of the Task Force on Vocational Professional Education and Training (VPET), established in 2014 by the Government, the Committee notes that the provided information covers activities from 2014 to 2020 and is not relevant to the reporting period. In this context, the Committee notes that the Government does not provide information in response to its previous comments related to the recommendations of the VPET Task Force and their impact on the improvement and uptake of VPET services. Lastly, the Committee notes the absence of information in the Government’s report on concrete examples related to the participation of social partners in the formulation and implementation, monitoring and review of employment policies and programmes. The Committee therefore reiterates the request to the Government to indicate the manner in which the recommendations of the VPET Task Force are taken into consideration and their impact on the improvement and uptake of VPET services. The Committee also reiterates the request to the to provide concrete examples of the manner in which the opinions and experiences of the social partners are taken into account in the development, implementation, monitoring and review of employment policy measures and programmes.

Employment services. The Government provides detailed information about the activities of the employment services of the Government’s Labour Department (LD). In this regard, the Government informs that during the review period, the LD has received 3,360,597 private sector job vacancies (1,120,199 job vacancies per year on average) and has secured a total of 477,090 placements (159,030 placements per year on average). In addition, the Government refers to the average yearly figures which represented a decrease of 3.8 per cent and an increase of 18.2 per cent respectively over the corresponding period in 2017 to 2021. The Government also informs that the LD have organized large-scale thematic job fairs, including suitable for ethnic minorities (EM), middle-aged and mature persons. In addition, the Government refers to the services provided by the LD in the context of the increased demand of different sectors for manpower since 2023 and the job matching services at the district level for the industries concerned. The LD has also implemented the Work Trial Scheme (WTS), providing job seekers with difficulties in finding jobs with full-time/ part-time work trial opportunities and one-year on -the-job training (OJT) to assist them in mastering job skills and gaining work experiences. Furthermore, the Government informs about employment support services provided by non-governmental organisations during the COVID-pandemic when many workers have faced emotional distress due to different employment situations. According to the provided information, as of March 2024, there were more than 400 work integrated social enterprises listed in the Hong Kong Council of Social Service’s Social Enterprise Directory, which provided job opportunities for vulnerable groups, including women and persons with disabilities. In this context, the Government informs that in 2023–24, over 4,000 companies and organisations were recognised for adoption of employee caring policies, offering 8,000 employment and work experience opportunities to vulnerable groups. The Committee notes however the absence of information in the report in response to its previous comments. The Committee therefore reiterates its request to the Government to provide detailed updated information, including statistical data disaggregated by age, sex, and economic sector, on the nature and scope of the activities of the public employment service. In addition, the Committee reiterates its request to the Government to provide information on the activities of private employment agencies and their collaboration with the public employment services to achieve the optimal operation of the labour market and contribute to the objective of full, productive, and freely chosen employment.

Young persons. The Government provided information related to measures taken to facilitate the entry of the young persons on the labour market. In this regard, the Committee notes that the LD has assisted the young persons through the Youth Employment and Training Programme (YETP) and the project “Career Kick-start”. The Committee notes that, from 2020–21 to 2022–23, 4,989 trainees attended pre-employment training and 4,460 trainees were placed into OJT vacancies of various trades and industries. The Government refers to the results of the surveys conducted for trainees in the period 2020–23 which showed that around 60 per cent to 70 per cent of the trainees were in employment at the time of the survey. The Committee also notes the information about the activities of the two Youth Employment Resource Centres (YERCs) under the LD. The YERCs have provided during the reported period one-stop, personalised advisory and support services on employment and self-employment to young people aged between 15 and 29 and from 2021–23 the number of services rendered to young persons was 164,264. In addition, in 2021 the Government launched the pilot Greater Bay Area Youth Employment Scheme (GBAYES) and had implemented it encouraging enterprises with businesses in both the HKSAR and since March 2023 it had implemented it in the Mainland cities of the Guangdong-Hong Kong-Macao Greater Bay Area (GBA). The GBAYES aims to promote employment of eligible Hong Kong young people with bachelor’s degrees or higher ones by enterprises participating in the GBAYES. The Government informs that in accordance with the GBAYES the laws of Hong Kong apply to the labour relations and the minimum monthly salary should be at least 18,000 Hong Kong dollars (approximately US$2,304). In return, the Government provides the enterprises with a monthly allowance of 10,000 Hong Kong dollars (approximately US$1,285) for each young person employed up to 18 months. The pilot Scheme and the 2023 Scheme recorded 1,091 and 718 job offers for young people respectively. The Government informs that it maintained liaison with stakeholders to collect and consider their views, and actively explored appropriate measures to enhance the Scheme. The Committee also notes the information related to a wide range of courses targeting non-employed young persons between 15 and 24 within the framework of the ERB’s Youth Training Programme. The Committee requests the Government to continue to provide detailed, up-to-date information, including statistical data disaggregated by age and sex, on the nature and scope of measures taken to promote access to lasting employment for young persons, and the impact of the measures taken. The Committee also requests the Government to provide updated information about the implementation of the Greater Bay Area Youth Employment Scheme.

Other vulnerable groups. The Committee further notes the information related to amendments in 2020 and 2021 to Anti-discrimination ordinances aiming to enhance the protection against discrimination and harassment, including in the employment field. The Government indicates that these anti-discrimination ordinances prohibit discrimination against an employee on the grounds of sex, marital status, pregnancy, breastfeeding, disability, family status, and race in the terms and conditions of employment, including promotion, transfer or training, even where there is no employment or employment-like relationship between them. In addition, in the context of its commitment to fostering a harmonious, inclusive, and caring society, the Government provides information about the Equal Opportunities Commission (EOC), which is competent to implement the antidiscrimination ordinances, to promote the message of equal opportunities, inclusiveness and anti-discrimination through public education and publicity. The EOC has developed Codes of practice to address discrimination in employment and provide practical guidelines to management on procedures and practices for preventing discrimination and other unlawful acts in the workplace. Furthermore, the Government reports that the Labour Department (LD) implements various employment programmes for job seekers who have special needs or face difficulties in accessing employment, such as women, young people, middle-aged and older job seekers, ethnic minorities, and persons with disabilities.

Women. With respect to women’s employment, the Committee notes the information related to the possibility of part-time jobs releasing time for taking care of families or other commitments. For this purpose, the Government has informed us that the LD has set up a dedicated webpage on part-time vacancies on its Interactive Employment Service website and organized part-time job fairs. The Committee further notes the Government has partially responded to its previous comments related to measures taken to increase the participation of women in the labour market, including in managerial and decision-making positions in both the public and private sectors.

Elderly and Middle-aged (EPEM). The Government informs that the LD has implemented the Employment Programme for the Elderly and Middle-aged (EPEM) to encourage employers to hire persons aged 40 or above (including women) for full-time or part-time employment and provide them with OJT through the provision of OJT allowance. Under EPEM, employers engaging job seekers aged 60 or above who were unemployed or had left the workforce could receive a maximum OJT allowance of 5,000 Hong Kong dollars (approximately US$642) per month per employee for six to 12 months. For those engaging unemployed job seekers aged 40 to 59, the maximum OJT allowance was 4,000 Hong Kong dollars (approximately US$514) per month per employee for three to six months. The Committee notes that 10,436 placements eligible for joining EPEM were recorded during the review period.

Ethnic minorities. With regard to the activities of the LD, the Government informs that the LD provides services related to the employment needs of ethnic minorities (EM). Starting in 2023, the LD employed more EM as employment assistants and general assistants to help strengthen the promotion and provision of employment services and related support to the EM communities. To further enhance employment support for EM job seekers, the LD launched the Racial Diversity Employment Programme in November 2020 and regularised the Programme in November 2023. Non-governmental organizations (NGOs) were commissioned to provide EM job seekers with one-stop employment services under a case management approach. The Government informs that the LD discussed suitable job vacancies and organized large-scale and district-based inclusive job fairs targeting EM job seekers to enhance their employment opportunities. During the review period, the LD organized six inclusive large-scale and 36 district-based job fairs.

Persons with disabilities. The Committee notes that in the context of the anti-discrimination and equal opportunities, the Government refers to measures promoting employment of persons with disabilities by the Labour and Welfare Bureau. In this regard, the Government informs about (i) the Talent-Wise Employment Charter and Inclusive Organisations Recognition Scheme with more than 680 participating organizations; (ii) personalized employment services provided by the Government’s LD like Work Orientation and Placement Scheme and Self Help Integrated Placement Services; (iii) comprehensive vocational rehabilitation/training/ employment support services provided by the Social Welfare Department of the Government; (iv) workshops; (v) employment training supported by non-governmental organizations; (vi) Supported Employment “On the Job Training Programme for People with Disabilities” and “Sunnyway – On the Job Training Programme for Young People with Disabilities”, (vii) training programmes and services provided by the Employees Retraining Board to enhance the employability of vulnerable groups.

The Committee requests the Government to continue to provide detailed updated information on the nature and scope of the different measures taken to promote equal access to productive and freely chosen employment for groups in vulnerable situations, particularly ethnic minorities, and persons with disabilities. It further reiterates its request to the Government to provide information on measures taken to increase the participation of women in the labour market, including in managerial and decision-making positions in both the public and private sectors. The Committee also requests the Government to provide statistical data on the labour market situation of vulnerable groups in the public and private sectors, disaggregated by sex, age, economic sector and occupation.