Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

The Committee notes that the country is participating in an ILO technical assistance programme, the Special Programme Account (SPA) project, carried out jointly between the ILO and the Ministry of Human Resources and Social Security (MoHRSS). It also notes that, in the framework of the SPA, a tripartite inter-ministerial workshop was conducted in September 2012 in Nanchang, Jiangxi Province, with the aim of drawing attention to the implementation gaps identified by the Committee with regard to the child labour Conventions, as well as two follow-up missions in Beijing in September 2013, and in Chengdu, Sichuan Province in September 2014, to assess the progress achieved; provide a forum to exchange information on the problems encountered in addressing child labour in the country; and identify priorities for future assistance.

Article 3(1) of the Convention. Hazardous work performed through work–study programmes. The Committee previously expressed its concern at the continued engagement of school children under 18 years of age in hazardous types of work within the context of work–study programmes.

The Committee notes the information provided by the Government in its report, as well as the information it supplied under the Worst Forms of Child Labour Convention, 1999 (No. 182), with respect to its work–study programmes. In this connection, the Committee notes the Government’s indication that the Ministry of Education has repeatedly issued circulars and increased its inspection efforts with a view to ensuring healthy development in these programmes. The Government further indicates that the work–study programmes must be incorporated into, and must abide by, normal teaching programmes and may not, for example, modify hours of work without prior permission. In addition, it indicates that schools that organize work–study programmes must ensure the safety of students by prohibiting participation in toxic, hazardous or dangerous types of activities or labour which exceeds their physical capacity. The Government states, in this respect, that safety education must be provided to students to prevent accidents, and that the local governments are required to analyse the manner in which work–study programmes are carried out on a local basis.

The Committee takes note of the Government’s efforts to ensure a healthy environment for its work–study programmes. It also recalls that the missions undertaken within the context of the SPA, discussed above, addressed ways in which the legal framework could be strengthened with respect to protecting young persons engaged in work–study programmes. The Committee notes, however, the 2014 report on the labour protection of interns in Chinese textile and apparel enterprises, carried out with ILO assistance, according to which 52.1 per cent of interns continue to work in conditions that do not meet national minimum standards for labour protection, and 14.8 per cent of interns are engaged in involuntary and coercive work (page ix). It further notes that the Committee on the Rights of the Child (CRC), in its concluding observations on the combined third and fourth reports (CRC/C/CHN/CO/3-4, paragraphs 85–86), urged the Government, as a matter of priority, to end the use of work–study schools and the use of forced and exploitative child labour under those programmes.

While noting the measures taken by the Government, the Committee notes with concern that a significant number of school children continue to engage in hazardous work within the context of work–study programmes. The Committee accordingly urges the Government to strengthen its efforts to ensure that persons under 18 years of age are not engaged in hazardous work through work–study programmes, even where safety and security measures are in place. Furthermore, noting the absence of information on this point, the Committee once again requests the Government to submit statistical information concerning the number and nature of infringements of the applicable legislation and penalties applied.

Article 8. Artistic performances. The Committee notes that the Government has not provided new information concerning anticipated legislative revisions to effectively safeguard the rights and interests of minors under 16 years of age. It nevertheless notes that, according to the mission report from the 2013 SPA mission, mentioned above, there were 2.01 million performances in China in 2012, including 13,000 registered performing groups, half of which included children. The report took note of the Government’s indication that employing units were responsible for children’s health and protection, and applicants had to provide proof that children were enrolled in compulsory education. According to the report, the Government representative indicated that no system of individual permits existed, although it had existed in the past but had been repealed by the 2002 Regulations on Banning Child Labour. Finally, the Committee notes the consensus between the ILO and the MoHRSS that the issue of children and young persons engaged in artistic performances needed to be regulated in legislation. The Committee accordingly requests the Government to take the necessary measures to bring national legislation into conformity with Article 8 of the Convention by specifying that children below the minimum age of admission to employment or work of 16 years, who are employed in artistic activities, must apply for permits granted by the competent authority. It also requests the Government to provide information on the number of children currently employed pursuant to the exception provided for in section 13(1) of the Regulations Banning Child Labour of 2002.

Article 9(1). Labour inspectorate and penalties. In its previous comment, the Committee noted that it was difficult to assess the extent of child labour owing to a lack of official reporting on cases and the lack of transparency in statistics. It also noted that the chances of discovering child labour were slim given the shortage of labour inspectors in the country and the extensive collusion between private businesses and local officials.

The Committee notes the Government’s information concerning its labour inspection system which, by the end of 2013, consisted of 3,291 labour security inspection departments, 25,000 full-time labour security inspectors and 28,000 part-time inspectors. The Committee further notes the information provided by the Government under Convention No. 182, which indicates that it has employed labour security advisors from the All-China Federation of Trade Unions (ACFTU), trade unions and other institutions, to monitor the compliance of employers with national labour laws and regulations. The Government further reports that the departments of human resources and social security implement the provisions of national legislation prohibiting child labour and regularly monitor implementation through routine and ad hoc inspections, investigation of complaints and verification of cases reported by informants, written requests and other forms of supervision and law enforcement.

While noting this information, the Committee notes with deep concern that, to date, not a single case of child labour has been found, despite the Government’s indication that its labour inspectors conduct routine visits and inspections. The Committee also notes with regret the absence of any information concerning measures taken or envisaged to address the allegations of extensive collusion between private businesses and local officials. The Committee notes, in this respect, that the CRC, in its concluding observations on the combined third and fourth reports (CRC/C/CHN/CO/3-4, paragraph 85) in 2013, noted the absence of specific data on child labour in the country, despite reports which indicate that child labour is widespread. In the absence of any indications of child labour in the country, the Committee once again urges the Government to take the necessary measures to address the issue of collusion between labour inspectors and enterprises to ensure thorough investigations into possible cases of child labour. In this regard, it requests the Government to indicate the methodology used to collect information and to provide information on the types of violations detected by the labour inspectorate, the number of persons prosecuted and the penalties imposed. The Committee also requests the Government to pursue its efforts to strengthen the capacity of the labour inspectorate. Lastly, the Committee urges the Government to take the necessary measures to ensure that sufficient up-to-date data on the situation of working children in China is made available, including, for example, data on the number of children and young persons below the minimum age who are engaged in economic activities, and statistics relating to the nature, scope and trends of their work.

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