Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la edad mínima, 1973 (núm. 138) - China (Ratificación : 1999)

Article 3(1) of the Convention. Hazardous work performed through work–study programmes. The Committee previously noted that: (1) 52.1 per cent of interns worked in conditions that did not meet national minimum standards for labour protection; (2) 14.8 per cent of interns were engaged in involuntary and coercive work; and (3) a significant number of schoolchildren were engaged in hazardous work within the context of work–study programmes.

The Committee notes the Government’s indication, in its report, that the Regulations on the Management of Student’s Internship in Vocational Schools (Management Regulations) of 2016 were amended in December 2021, including to: (1) clarify the penalty provisions for violations by vocational schools and internship-receiving organizations; (2) introduce new provisions on “Protection Measures” and “Supervision and Handling” which clarify the responsibilities of schools, internship-receiving organizations, and relevant administrative departments, enhancing accountability for violations, including for violations of the prohibition of employing a child under the age of 18 years in hazardous work; (3) require that job-related internships must be preceded by a tripartite agreement and that vocational schools, internship-receiving organizations and students must be fully informed of the rights, obligations, and responsibilities outlined in the agreement before the internship begins; and (4) students under the age of 18 years who participate in job-related internships must obtain an informed consent signed by their legal guardian.

With regard to the implementation of the Management Regulations, the Government indicates that: (1) if a company violates the provisions of an internship, the intern can report the issue to the school or lodge a complaint to the education department or sue the company; (2) vocational and technical schools in various regions are enhancing regular inspections and guidance, ensuring that intern students have clear channels for reporting issues; (3) colleges and schools develop relevant management measures and work plans, regularly conducting graduate internship patrols and special inspections; and (4) some provinces, such as Sichuan, Gansu, Henan and Shaanxi, established internship management systems. While it takes note of the Government’s information, the Committee notes with regret that once again the Government does not provide the requested information on inspections undertaken in schools and internship entities or on the findings of these inspections. The Committee requests the Government to pursue its efforts to protect the rights of students participating in work-study programmes and to ensure that such students are not engaged in hazardous, involuntary and coercive work. The Committee also reiterates its request that the Government provide specific information on the outcome of the inspections conducted in schools and internship entities, including statistical information on the number and nature of infringements detected, as well as the specific penalties applied.

Article 8. Artistic performances. With reference to its previous comments, the Committee notes the Government’s reiterated information that under section 13(1) of the 2002 Regulations Banning Child Labour, arts and sports organizations may recruit professional artists and athletes under the age of 16 years upon consent from their parents or legal guardians. The Committee notes the Government’s additional information that between 1 June 2020 and 16 April 2024, the number of children under 16 years participating in commercial performances was 59,308. Further, the Committee notes the Government’s statement that the national regulations concerning minors’ participation in artistic and sports activities are being strictly enforced. However, the Committee notes with concern that the Government has still not taken any measures to establish, in law and in practice, the system of granting individual permits by a competent authority for artistic performances for each young persons under the age of 16 years. In this regard, the Committee once again recalls that, by virtue of Article 8 of the Convention, children below the minimum age of admission to employment or work of 16 years, who are employed in artistic activities, shall do so on the basis of individual permits granted by the competent authority rather than on the sole consent of the parent or legal guardian. The Committee therefore once again urges the Government to take the necessary measures to ensure the establishment of a system of individual permits for children under 16 years of age who are engaged in artistic and sports activities and to regulate such activities in accordance with Article 8 of the Convention. Such a system of individual permits should ensure that: (i) permits be granted in individual cases by the competent authority; and (ii) the permits so granted shall limit the number of hours during which and prescribe the conditions in which employment or work is allowed. The Committee requests the Government to: (i) provide information on any measures taken towards the establishment of such a system; and (ii) continue to provide information on the number of children under 16 years who currently participate in artistic and professional sports activities, and who fall within the exception provided for by section 13(1) of the 2002 Regulations Banning Child Labour.

Article 9(1). Labour inspectorate, penalties and application in practice. The Committee notes the Government’s statement that: (1) local labour inspection departments investigate, handle and punish violations of child labour in a timely manner in accordance with the law so that violations are promptly found and addressed; (2) it has taken a combined approach of daily patrols and special inspections to combat and detect child labour; (3) during patrols and inspections, awareness-raising activities of relevant child protection laws are also carried out among employers; (4) information on penalties from relevant units will be made public on the government website; and (5) in recent years, strengthened labour market supervision has led to a significant reduction in child labour cases, with occurrences maintaining an extremely low level of frequency. While taking note of the information provided by the Government that data on infringements will be made public, the Committee notes with regret that the Government has not provided concrete statistical data on the number, nature and trends of child labour in the country. Therefore, the Committee once again urges the Government to: (i) take the necessary steps to ensure that sufficient and accurate data on the situation of working children in China is made available; (ii) share the information collected, including specific data on the number of children and young persons below the minimum age of 16 years who are engaged in economic activities; and (iii) share statistics relating to the nature, scope and trends of their work. The Committee also once again requests that the Government provide information on the number and nature of violations detected by the labour inspectorate and the penalties imposed.

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