Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Minimum Age Convention, 1973 (No. 138) - China (Ratification: 1999)

The Committee takes note of the Government’s first and second reports and requests it to provide additional information on the following points.

Article 2, paragraph 3, of the Convention. The Committee notes that section 2 of the Compulsory Education Law of 1986 provides for a nine-year compulsory education system. According to section 5 of the same law, all children who have reached the age of six shall enrol in school and receive compulsory education for the prescribed number of years, regardless of sex, nationality or race. In areas where that is not possible, the beginning of schooling may be postponed to the age of 7. The Committee notes that, according to these provisions, young persons seem usually to complete their compulsory schooling at the age of 15. The minimum age of admission to employment or work specified by the Government in accordance with Article 2, paragraph 1, of the Convention being 16, there appears to be a gap of one year between the age of completion of compulsory schooling and the minimum age of admission to employment or work. The Committee draws the Government’s attention to Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146), according to which full-time attendance at school or participation in approved vocational orientation or training programmes should be required and effectively ensured up to an age at least equal to that specified for admission to employment in accordance with Article 2.

Article 3, paragraph 3. The Committee notes the provisions of section 28, subsection (2), of the Law on the Protection of Minors of 1991, according to which any organization or individual that recruits, according to relevant regulations of the State, minors over the age of 16 but under 18 shall, in respect of the types of jobs, duration of time and intensity of labour as well as protective measures, follow the relevant regulations of the State and may not assign them to any overly strenuous, poisonous or harmful labour or any dangerous operation. The Committee asks the Government to indicate any regulations adopted in application of these provisions as regards the working-time duration of young workers aged 16 and 17.

Article 6. The Committee notes the information communicated by the Government in its report according to which enterprises admitting apprentices should not accept young persons under the age of 16. It asks the Government to indicate which national laws or regulations contain these provisions and to supply the Office with a copy of the relevant texts. The Committee notes that section 37 of the Law on the Protection of Minors of 1991 provides that, in respect of minors who have completed the prescribed length of schooling in terms of compulsory education and who will not receive education at a higher level, the relevant governmental departments, social organizations, enterprises and institutions shall, in line with the actual conditions, train them in vocational skills and create conditions for their engagement in labour or employment. The Committee asks the Government to communicate further information on the vocational programmes available to young persons aged 15 who have completed their compulsory schooling and do not intend to receive education at a higher level.

Article 7, paragraphs 1 and 2. The Committee notes that section 16 of the Decree on Prohibition of Child Labour, issued by the State Council on 15 April 1991, repealed by the Regulations Banning Child Labour of 2002, provided that in poor rural areas where, according to the practical steps taken to promote compulsory education, conditions are not yet at hand to implement compulsory junior secondary education, and where there is truly a need for adolescents between the ages of 13 and 15, who have not yet entered junior middle schools, to do remunerative and possible supplementary labour, the people’s governments of various provinces, autonomous regions and municipalities under the central Government should draw up necessary provisions according to the practical circumstances, and the type of employment and work involved should be strictly limited. While noting that the new regulations do not contain similar provisions, the Committee asks the Government to indicate if young persons aged 13 to 15, and persons who are at least 15 but have not yet completed their compulsory schooling, may accomplish light work which is not likely to be harmful to their health or development and such as not to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received, in conformity with the present Article of the Convention and, if so, to provide the Office with a copy of the relevant texts.

Article 8. The Committee notes that section 13, subsection (1), of the Regulations Banning Child Labour of 2002 provides that organizations for performing arts and sports may recruit professional artists and athletes under the age of 16 upon consent from their parents or other guardians. The said organizations should guarantee the physical and mental well-being of recruited minors under the age of 16 and ensure that they enjoy their right to compulsory education. Regulations concerning the recruitment of professional artists and athletes under the age of 16 by organizations for performing arts and sports shall be developed by the State Council Department for Labour Protection in consultation with the State Council Departments for Cultural Affairs and Sports. The Committee recalls that, under this Article of the Convention, permits may be granted in individual cases by the competent authority, after consultation with the employers and workers concerned, and that such permits must limit the number of hours during which, and prescribe the conditions in which, employment or work is allowed. The Committee asks the Government to indicate if regulations have been adopted in application of section 13 above, in compliance with these requirements of the Convention and, if so, to supply a copy of them.

Article 9, paragraph 3. The Committee notes that section 4 of the Regulations Banning Child Labour of 2002 provides that, when hiring personnel, employers must check the identity papers of the person to be hired, that minors under the age of 16 should invariably be excluded and that hiring, registration and examination records of employees should be properly kept by employers. It notes that section 8 of the same Regulations provides that employers who have not kept employment registration records as provided for in section 4 of the Regulations, or who forge employment registration records, shall be subject to a 10,000 yuan fine from labour protection authorities. The Committee asks the Government to indicate whether the employment registration records referred to under the above provisions of the Regulations contain the names and ages or dates of birth, duly certified wherever possible, of employees under the age of 18, and whether they are to be made available by the employer, in conformity with the present Article of the Convention. It also asks the Government to provide the Office with a copy of the relevant legislative texts.

Part V of the report form. The Committee notes the information communicated by the Government concerning the programmes aimed at achieving universal primary-school enrolment. It asks the Government to communicate information on the progress achieved in this field. It also asks the Government to communicate information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment or work of children and young persons, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.