Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Article 6 of the Convention. Apprenticeship. Following its previous comments, the Committee notes the Government’s information that the minimum age for apprenticeship, provided for in the “Provisional Regulation of the State Council on the duration of training and subsistence allowance for apprentices in the state-run enterprises, the public–private joint operation, cooperative and private-run, and in institutions” of 1958, is generally of 16 years. The Government adds that in the case of special sectors, the age of apprenticeship may be lower than 16 years. Furthermore, in case of special circumstances as for the minimum age for apprenticeship, an approval must be obtained from the competent provincial labour bureau. The Government also indicates that, to perform work in the framework of an apprenticeship, the young person must be ideologically and morally upright, physically healthy, have completed junior secondary education, between the ages of 16 and 22, and single. The Committee notes that there does not appear to be a minimum age set for apprenticeships in the case of special sectors or special circumstances, as approved by the competent labour bureaux. It once again recalls that, by virtue of Article 6, the provisions of the Convention do not apply to work done by persons of at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist. The Committee requests the Government to take the necessary measures to ensure that no child under 14 years of age follows an apprenticeship in an undertaking, including in special sectors and in special circumstances.

Article 8. Artistic performances. The Committee had previously noted that section 13(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. It had noted the Government’s information that it is considering the concrete issues with regard to special cases such as the recruitment of professional artistic workers and athletes under 16 years. The Committee notes the indication of the Government that there have been no further changes concerning the implementation of this Article. The Committee observes that obtaining the authorization of the parents or legal guardians of the child for recruitment in artistic performances or sports is not sufficient to fulfil the requirements of the Convention. In this regard, it recalls that, by virtue of Article 8, paragraph 1, of the Convention, the permits granted in individual cases to participate in artistic performances must be granted by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee urges the Government to take measures to bring the national legislation into conformity with the Convention on this point and requests it to provide information on any progress made in this regard.