Solicitud directa (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - China (Ratificación : 2022)

Article 2(1) of the Convention. Freedom of certain categories of workers to leave their service. (i) Civil servants. The Committee previously noted that section 86 of the Civil Servants Law of the People’s Republic of China (2005, as amended in 2018) read together with Article 6 of the Regulations on the Grading of Newly Recruited Civil Servants (2019) appears to prohibit civil servants from resigning from public office before the completion of five years of service, including the probationary period. In this respect, the Government indicates that the provisions of Article 86 of the Civil Servants Law and Article 6 of the Regulations on the Appointment and Ranking of Newly Recruited Civil Servants remain in force. The Government also indicates that civil servants’ right to resign or terminate their employment relationship is fully protected. In particular, Article 15 of the Civil Servants Law stipulates that civil servants have the right to apply for resignation and to file an appeal. Article 95 further provides that if civil servants disagree with the rejection of their resignation request, they may request a review by the original authority that handled it, and, consequently, they can file an appeal with the competent civil servant authority at the same level or with the next higher authority that made the initial decision.

The Committee further notes that, under article 11 of the Provisions for the resignation of civil servants from public office (2020), civil servants shall not leave their posts without authorization during the examination and approval period for resignation from public office. The Committee requests the Government to indicate whether the non-completion of the minimum service period of five years, as prescribed by section 86 of the Civil Servants Law, in conjunction with Article 6 of the Regulations on the Grading of Newly Recruited Civil Servants, constitutes a ground for not granting the authorization to leave employment by a competent authority, including in cases of appeal. It requests the Government to provide information on the number of resignation requests which have been refused and the grounds for these refusals, and to indicate the number of civil servants who have had recourse to appeal under Article 95 of the Civil Servants Law and the outcome of such recourse.

(ii) Public institutions personnel. The Government indicates that Articles 12 and 17 of the Regulations on the Personnel Management of Public Institutions (2014), which set a minimum service period of 3 years for employees of public institutions, remain in force. The Government further indicates that the objective of Article 12 of the Regulations is to prevent overly short contract terms and thereby protect employees’ legitimate rights and interests. According to the Government, the contract term does not restrict the ability to resign or terminate the employment contract. If no special agreement has been made between the two parties regarding the termination of employment, the employee may terminate the employment contract by providing 30 days’ advance written notice. The Government specifies that the 30-day advance notice requirement set out in Article 17 of the Regulations is intended to allow employers sufficient time to reallocate human resources and ensure the continuity of operations after an employee’s departure.

The Committee further notes that, according to the Opinions on the trial implementation of the personnel employment system in public institutions (2002) and the Explanation of issues related to the trial personnel employment system of public institutions (2003) issued by the Ministry of Human Resources and Social Security (MoHRSS), the employed person shall continue to perform the employment contract, if the employed person fails to reach an agreement with the employing unit to terminate the employment contract. If after 6 months, the employed person applies again for termination and no agreement is still reached, the employed person can unilaterally terminate the employment contract. This provision does not apply to the main technical leaders and technical backbones who undertake key national and local projects working in positions involving State secrets. The Committee also notes that, according to the Circular of the Organization Department of the CPC Central Committee and the MoHRSS on Further Improving the Open Recruitment of Public Institutions in Counties and Townships in Difficult and Remote Areas (published on 2016), the employer may, as appropriate, for those recruited under relaxed conditions, stipulate a minimum service period of 3–5 years in the employment contract, and clarify the liability for breach of contract and relevant requirements.

The Committee requests the Government to provide information on: (i) whether the Opinions (2002), the Explanation (2003), and the Circular (2016) referred above remain in force; (ii) the consequences for a person who has left employment before the completion of the 6-month required period; (iii) conditions for termination of employment for employees who undertake key national and local projects working in positions involving State secrets; and (iv) conditions for termination of employment for employees in difficult and remote areas before the completion of a minimum service period of 3–5 years.

(iii) Seafarers and fishery crew. The Committee previously noted that under section 23 of the Regulations on Seafarers (2007, as amended in 2019), the captain and senior crew members shall not resign without authorization during the voyage. Furthermore, section 21(9) of the Measures for the Management of Fishery Crew (2014) prohibits fishers from resigning from their duties on their own initiative during the voyage. In this respect, the Government indicates that these legislative provisions are intended to ensure minimum safe manning levels and normal duty arrangements during a voyage, thereby safeguarding the vessel’s safety and the lives and property of those on board. Regarding section 23 of the Regulations on Seafarers, the Government indicates that the term “shall not resign without authorization” should not be interpreted as “may not” or “cannot”. The Government further indicates that captains and senior crew members may freely terminate or dissolve their employment relationship after receiving company approval or submitting notice and completing the necessary handover procedures with their replacements. Regarding Article 21(9) of the Measures for the Management of Fishery Crew, the Government specifies that this provision applies only to professional fishing crew members, not to ordinary crew, and only during active fishing voyages. Once the vessel returns to port, the restriction no longer applies.

The Committee requests the Government to provide information on: (i) the grounds for not granting authorization under section 23 of the Regulations on Seafarers; and (ii) whether the termination of employment of a professional fishing crew member is allowed at the next port of call, or only upon return to the vessel’s home port.

(iv) Military personnel. The Committee previously noted that Articles 43–45 of the Law on Active-Duty Military Officers (1988) provide the minimum number of years of active service for military, political, logistical, and armament officers in peacetime. In this respect, the Government indicates that Articles 43 to 45 of the Law are currently suspended and that the relevant authorities are advancing the revision of the Law. The Government further indicates that it fully safeguards the rights of military officers to serve and retire in accordance with the law. In particular, the Military Service Law provides that active-duty officers who have not reached the maximum age or rank limits for service, in case of requiring discharge due to special circumstances, may be released from active duty upon approval. The Government further indicates that, according to the Law on the Protection of the Status, Rights, and Interests of Service Persons, when the lawful rights and interests of military personnel are violated, they have the right to lodge complaints or accusations with relevant State organs and military units.

The Committee requests the Government to indicate the grounds for refusal to approve the termination of service for active-duty officers who have not reached the maximum age or rank limits for service. It also requests the Government to provide information on the number of resignation requests submitted by military personnel, whether approved or refused, together with the reasons for any refusals.

(v) Civilian personnel in army. The Committee notes that under Article 64 of the Regulations on civilian personnel of the Chinese People’s Liberation Army (2022), civilian personnel may resign in accordance with law or unilaterally terminate their employment contracts. However, a civilian may not resign or unilaterally terminate an employment contract if he/she has not yet completed the minimum number of years of service. The Committee requests the Government to indicate how it ensures that civilian personnel of the Chinese People’s Liberation Army may terminate their employment by means of notice of reasonable length before the completion of the minimum service period. It also requests the Government to specify the minimum service period for civilian personnel of the Chinese People’s Liberation Army, as well as the prescribed resignation procedures.

(vi) Teachers in remote areas. The Committee previously noted that paragraph 3 of the Notice of the General Office of the Ministry of Education on the implementation of the 2020 Special Plan for Teachers in Remote and Impoverished Areas, Border Ethnic Areas, and Old Revolutionary Base Areas (2020) appears to prescribe a minimum period of one year for supportive teachers in remote areas with encouragement to continue service. In its reply, the Government indicates that the required “one-year service period” refers to the duration of the teaching assignment, not the term of the employment contract. The Government further indicates that the teacher may end the assignment early and return to their original position, subject to reaching an agreement with the “original“ employer. The teacher’s right to terminate employment relationship with the “original“ employer is not subject to any additional restrictions. The Government further indicates that participation in the Special Plan for Teachers in Remote and Impoverished Areas, Border Ethnic Areas, and Old Revolutionary Base Areas is entirely voluntary.

(vii) Rural labourers, domestic workers and students. The Committee notes that, according to section 1(4) of the Opinions on Several Issues Concerning the Implementation of the Labour Law of the People’s Republic of China, the Labour Law does not apply to rural labourers (except for employees of township enterprises and peasants who go to cities for work or business) and domestic workers, in addition to other categories. Furthermore, as provided in section 1(12), students who use their spare time to work and study are not regarded as employees, and if they have not established labour relations, they may not enter into a labour contract. The Committee requests the Government to provide information on the legislative provisions regulating the termination of employment for these categories of workers.

Articles 1(1), 2(1) and 25. Vulnerable situation heightening the risk of forced labour among certain categories of workers. The Committee previously noted that, in accordance with Article 2 of the Interpretation of the Supreme People’s Court on Issues Concerning the Application of Law in the Trial of Labour Dispute Cases (I) (2020), disputes over work-related claims by domestic workers, apprentices, and employees of small-scale agricultural businesses (农村承包经营户) fall outside the scope of the labour arbitration system. According to the Government, the fact that disputes are not classified as labour disputes under the Interpretation of the Supreme People’s Court on Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I) (2020) does not mean these groups lack access to legal remedies. The Government indicates that parties may file lawsuits directly with a people’s court without being subject to “pre-litigation arbitration”, which is required for labour disputes. The Government also indicates that, regardless of a worker’s employment status, their rights are protected under laws and regulations prohibiting forced labour. Should workers in labour relationships become victims of forced labour, they are entitled to legal protection and assistance, and the perpetrators will be prosecuted in accordance with the law. Furthermore, the Government indicates that workers in labour relationships have full access to civil remedies. The Committee requests the Government to provide statistical data on the number of forced labour cases detected, prosecutions initiated, and penalties imposed, in relation to domestic workers, apprentices, and employees of small-scale agricultural businesses.

Articles 1(1) and 2(2)(c). Prisoners’ labour. The Committee previously noted Articles 4, 69, 70, and 71 of the Prison Law (2012), which provide that all able-bodied prisoners are under a legal obligation to work. The Government further indicates that prisons in China are State institutions for enforcing criminal penalties, with funding guaranteed by the national treasury. The national prison system is overseen by the Judicial Administrative Department under the State Council. The Government indicates that there are no circumstances in which inmates are employed or placed by private individuals, companies, or associations. The Government also refers to Article 46 of the Criminal Law, which provides that any criminal sentenced to a fixed-term or life imprisonment shall serve his/her sentence in prison or another place of execution.

The Committee notes the ITUC’s observations indicating that the extent to which labour for the benefit of private parties continues within Xinjiang’s upgraded prison network merits concern. The Committee requests the Government to provide information in this respect.

Articles 1(1) and 2(2)(c). Compulsory work in detention centres (拘留所). The Government indicates that, according to Article 21 of the Regulations on Detainment Facilities, detention centres provide legal and moral education to detainees and organize appropriate cultural and sports activities. Furthermore, detention centres shall not compel detainees to engage in productive labour. According to the Government, in practice, detention centres may offer detainees free training in basic labour skills (such as theoretical knowledge related to vocational qualifications or simple hands-on skills like pastry-making) by providing facilities and instructors. The Government further indicates that training is not for production or business purposes, has no market circulation value and is entirely voluntary. The Committee requests the Government to indicate the measures that guarantee that detainees provide their freely given and informed consent to participate in training without the menace of any penalty, as well as any remedies available to detainees who claim to have been subjected to forced labour in administrative detention.

Articles 1(1) and 2(2)(c). Compulsory work in remand centres (看守所). The Committee previously noted that Articles 33 and 34 of the Regulations on Remand Centres (1990) authorize remand centres to “provide prisoners with labour education” and organize them to perform appropriate labour, provided “strict procedures” guarantee their income and expenditure. The Code of Conduct for Detainees in Detention Centres stipulate, among other instructions, that detainees must complete labour tasks with quality and quantity and observe labour discipline (Articles 34 to 40). 

In this respect, the Government indicates that since 2020, all detainees held in remand centres are no longer engaged in labour activities, and there are no instances of such labour being hired or used by private individuals or enterprises. The Government further indicates that the Ministry of Public Security has strengthened routine inspections and supervision of remand centres. In particular, if any labour production activities involving detainees are discovered, they are to be halted and rectified immediately, and those responsible will be held legally accountable in accordance with the law. The Committee requests the Government to provide a copy of the law or regulation terminating the conduct of labour activities in remand centres or repealing the legislative provisions concerning labour activities in detention centres, including the relevant provisions of the Regulations on Remand Centres, the Measures for the Management of Prisoners Serving Sentences in Detention Centres (2013) and the Code of Conduct for Detainees in Detention Centres.

Articles 1(1) and 2(2)(c). Compulsory work for rehabilitation purposes in compulsory drug dependency treatment. The Committee previously noted the Anti-Narcotics Law (2007), which provides for compulsory isolated rehabilitation for persons with drug dependence who have refused to receive community-based rehabilitation or have failed to maintain abstinence in the community, or have been arrested for suffering from a severe drug dependency disorder. According to Article 43 of the Anti-Narcotics Law, rehabilitation centres may organize productive labour for persons receiving treatment, provided such labour is remunerated, as well as organize vocational skills training.

The Government indicates that appropriate rehabilitative labour plays a supportive role in helping individuals overcome harmful habits, establish healthy routines, enhance their sense of self-worth, strengthen willpower, and restore physical function. At the same time, rehabilitative labour helps individuals acquire vocational skills, facilitating their reintegration into society and a smooth transition into employment and everyday life after rehabilitation. The Government further indicates that Chinese laws and regulations stipulate that compulsory isolation centres for drug rehabilitation may organize individuals to participate in necessary productive labour based on rehabilitation needs, but must not compel such participation. The Government refers to Article 49(2) of the Anti-Narcotics Law, according to which individuals undergoing drug rehabilitation may voluntarily live and work in rehabilitation facilities. Additionally, Article 60 of the Anti-Narcotics Law provides that rehabilitative labour sites and programmes must comply with national regulations and must not include activities that jeopardize safety management or hinder the physical recovery of individuals undergoing rehabilitation.

The Committee further notes that, according to Article 40 of the Anti-Narcotics Law, when a public security organ decides to impose compulsory isolation and drug rehabilitation, it must prepare a decision, deliver it to the person subject to compulsory isolation and drug rehabilitation, and within 24 hours after delivery, notify the public security police station where the person subject to the decision is located, the work unit or institution to which the person belongs, and the place of household registration. If the person is not satisfied with the decision on compulsory isolation and drug rehabilitation, he/she may apply for administrative reconsideration or initiate administrative litigation in accordance with the law.

The Committee requests the Government to indicate the measures that guarantee that persons undergoing drug rehabilitation provide their freely given and informed consent to participate in rehabilitative labour without the menace of any penalty. It further requests the Government to provide information on the number of cases in which persons challenged the decisions of public security bodies on compulsory isolation and drug rehabilitation.

Articles 1(1), 2(1) and 25. Trafficking in persons. The Committee notes that, according to Article 240 of the Criminal Law, trafficking in women and children is prohibited and carries penalties of imprisonment for at least five years but not more than ten years, along with a fine. The Committee further notes the United Nations Committee on the Elimination of Discrimination against Women, in its 2023 concluding observations, expressed concern about the high prevalence of trafficking in women and girls in China and the absence of comprehensive anti-trafficking legislation (CEDAW/C/CHN/CO/9, para. 27). The Committee requests the Government to indicate whether Article 240 of the Criminal Law covers trafficking in persons for the purpose of labour and sexual exploitation, as well as statistical data on proceedings initiated, convictions and sentences imposed under this Article. It further requests the Government to provide information on any measures taken or envisaged, in law or in practice, to prevent, eradicate, and combat trafficking in persons, as well as on the assistance provided to victims of trafficking.

Articles 1(1), 2(1) and 25. Penalties for the exaction of forced labour. The Committee previously requested the Government to provide information on the criteria used by public security authorities to distinguish between forced labour as a “minor offence” under Article 40(2) of the Law on Public Security Administration Penalties (2005) and a “criminal offence”, which Article 244 of the Criminal Law makes punishable with a fixed-term imprisonment of not more than three years or criminal detention, and concurrently or independently with a fine.

In this respect, the Government indicates that, in judicial practice, acts involving the use of violence, threats, or other means to compel others to work are generally treated as criminal offences and prosecuted accordingly. In particular, Article 244 of the Criminal Law refers to cases in which a person is forced to work by means of violence, threats, or the restriction of personal freedom. Furthermore, Article 6 of the Supplementary Provisions on Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs (I) stipulates that cases involving the use of violence, threats, or restriction of personal freedom to force others to work shall be filed and prosecuted. Anyone who knowingly recruits, transports, or otherwise assists in such acts of using violence, threats, or restriction of personal freedom to force others to work shall likewise be subject to case filing and prosecution. The Government also indicates that, according to Article 13 of the Criminal Law, an act that is obviously minor and causes little harm shall not be considered a crime. The Government further indicates that in cases where forced labour is involved but the circumstances are clearly minor, or the harm is minimal, criminal liability may not be pursued. In such instances, administrative penalties should be imposed in accordance with the relevant provisions of the Law on Penalties for Administration of Public Security. In this respect, the Committee notes that according to Article 47 of the Law on Public Security Administration Penalties, the punishment for a forced labour offence varies from 5 to 15 days’ administrative detention and a fine of up to 2,000 Chinese yuan.

The Committee requests the Government to provide more detailed information on the circumstances under which forced labour cases may be considered minor offences, particularly examples of relevant administrative decisions on the application of Article 40(2) of the Law on Penalties for Administration of Public Security. It also requests the Government to provide examples of court decisions defining the scope of criminal offences related to forced labour under Article 244 of the Criminal Law.

Article 2(2)(a). Compulsory military service. The Committee observes from the Government’s information that, according to the National Defence Law, the Chinese People’s Liberation Army (PLA) is primarily responsible for defence operations and performs non-combat military missions. The Chinese People’s Armed Police Force is responsible for duties, such as guard duties, responding to public security emergencies, preventing and combating terrorism, maritime rights protection and law enforcement, disaster relief, defence operations, and other tasks assigned by the Central Military Commission. The Government further indicates that, as members of the PLA and the People’s Armed Police Force, conscripts carry out the indicated duties as part of their military service. The Committee requests the Government to provide information on the types of work that can be performed by conscripts under “non-combat military missions” in the PLA. It further requests the Government to provide more detailed information on the types of work that can be required from conscripts in the Chinese People’s Armed Police Force.

Article 2(2)(c). Sentences of community correction. The Committee notes that, under Article 38 of the Criminal Law, the sentence of community correction involves a period of control ranging from three months to two years. According to Article 44 of the Implementation Measures of the Community Corrections Law of the People’s Republic of China (2020), county-level community correction institutions at the place of execution and commissioned judicial offices may, in accordance with the principle of serving the public interest, organize persons under community correction to participate in public-interest activities, taking into account their labour capacity, health condition and other relevant circumstances. The Committee requests the Government to indicate whether participation in public-interest activities of persons sentenced to community correction is compulsory. It further requests the Government to provide information on the nature of public-interest activities, including examples of such activities.

Article 2(2)(d). Minor communal services. The Committee notes that under Article 1 of the Management Methods for Villagers’ Discussion for Raising Funds and Raising Labour on a Case-by-Case Basis (2004), fundraising and labour mobilization apply to the basic construction of farmland water conservancy within the village, road construction, afforestation, agricultural comprehensive development-related land management projects, and other public welfare projects for collective production and living that the villagers deem necessary to undertake. As per Article 3, persons liable for labour mobilization shall be registered residents of the village or able-bodied persons among those benefiting from the deliberated matter. Articles 6–10 establish procedures for consultation and decision-making by villagers regarding fund and labour raising.

The Committee recalls that the exception envisaged in Article 2(2)(e) of the Convention in relation to the performance of minor communal services is subject to the following criteria: the services must be “minor services”, that is to say they relate primarily to maintenance work; they must be “communal services”, performed in the direct interest of the community, and not relate to the execution of works intended to benefit a wider group; and the “members of the community” (that is the community which has to perform the services) or their direct representatives must have the right to be consulted in regard to the need for such services (2012 General Survey on the fundamental Conventions, para. 281). The Committee therefore requests the Government to specify the nature of services that may be required under the Management Methods for Villagers’ Discussion for Raising Funds and Raising Labour on a Case-by-Case Basis, and indicate how it is ensured that such services are “minor” as required by the Convention. It also requests the Government to specify the duration of the services.