Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Employment Policy Convention, 1964 (No. 122) - China (Ratification: 1997)

Articles 1 and 2 of the Convention. Formulation and implementation of an active employment policy. The Committee welcomes the detailed information provided by the Government in its report, in which it indicates that it places a priority on the employment stabilization and expansion for economic and social development and to improve livelihoods and alleviate poverty. In this regard, the Government aims to strengthen the links between macroeconomic and employment policies, with a view to supporting economic development through employment transformation. The Committee notes that China’s 13th Five-Year Plan (2016–20) on Promoting Employment, launched in 2017, sets out the Government’s principal objectives in relation to employment promotion. These objectives are also reflected in additional documents provided by the Government, such as in the 2017 report “Opinions on Facilitating Employment and Entrepreneurship Currently and in the Future” (the 2017 Opinions report). The Committee notes that the stated objectives include enhancing economic development to create jobs while preventing unemployment, particularly for targeted groups such as young persons, women, migrant workers, persons with disabilities, rural workers and laid-off workers. The Government refers to its policies on employment assistance, stating that, from 2014 to June 2017, it provided employment services to 6,080,000 jobseekers. The Government is also focusing on promoting equitable cross-regional development and employment services in both urban and rural areas. The Committee notes, however, that the Government has not provided information on specific measures taken, nor has it provided statistical data enabling the Committee to examine the effectiveness and impact of the active labour market measures implemented. The Committee therefore reiterates its request that the Government provide detailed information, including statistical information, disaggregated by sex, age and economic sector and region, on active employment policies and other measures taken during the reporting period, and on their impact in terms of promoting full, productive, freely chosen and sustainable employment opportunities, as contemplated in Article 1 of the Convention. The Committee further requests the Government to indicate how the employment policy objectives contained in the Five-Year Plan (2016–20) on Promoting Employment are related to other economic and social objectives. The Committee requests the Government to indicate the manner in which it is ensured that employment policy measures are kept under periodic review within the framework of a coordinated economic and social policy.

Article 2. Employment trends. Labour market information. The Government indicates that, in 2014–16, 39.48 per cent of persons were employed in urban areas, and the registered unemployment rate in urban areas was 4.05 per cent during this period. The Committee notes the Government’s indication that it aims to improve its labour market information system and gradually integrate gender and other indicators. The Committee recalls that the Government has established a system for compiling and analysing information on job supply and demand in more than 100 representative cities on a quarterly basis. This information is used as a basis for adjusting employment policies as needed. The Government also periodically disseminates this information through internet, the public employment service and the media to provide guidance for jobseekers and employers. The Committee requests the Government to provide updated statistics concerning the size and distribution of the labour force, the type and extent of employment, unemployment and underemployment and trends both in urban and rural areas. It also requests the Government to provide information on measures taken or envisaged to improve the labour market information system, particularly with regard to the inclusion of indicators that capture additional factors, such as new or non-standard forms of employment and job creation through entrepreneurship development. The Committee also requests the Government to provide updated information on the manner in which the labour market information obtained is used in the formulation, evaluation, modification and implementation of active labour market measures.

Employment of young persons. The Government places a priority on the employment of college graduates in all regions through a range of activities, including entrepreneurship and training guidance, thereby, encouraging graduates to launch small and micro-enterprises. In 2014–16, 1,651,000 college graduates started up their own businesses. The Committee requests the Government to provide detailed information, including updated statistical information disaggregated by age, sex and region, on the type and impact of labour market measures aimed at meeting the employment needs of young persons, especially college graduates. The Committee also requests the Government to indicate the measures enacted or envisaged to facilitate the transition of young persons from school to work.

Employment of women. The Government stresses that one of its primary objectives is to promote fair employment for women, offering targeted employment services and standardizing recruitment processes to prevent sexual discrimination and protect women’s right to equality of opportunity and treatment. The Committee refers to its 2016 comments concerning the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in which it noted the different statutory retirement age provisions for men and women. In addition, referring to the ILO publication Women in the labour market in China (2015), the Committee noted that the labour force participation rate of women decreased between 1990 and 2013, falling from 72.7 to 63.9 per cent, and that the gap between men and women in this regard widened from 12.1 per cent in 1990 to 14.4 per cent in 2013. The ILO publication took note of decreased institutional support provided to workers with family responsibilities for childcare, and observed that sectoral and occupational segregation persists. The Committee requests the Government to provide information, including updated statistical information, on the impact of labour market measures taken to increase the labour force participation rate of women and address both vertical and horizontal occupational segregation, including information disaggregated by region and occupation. The Committee also requests the Government to indicate any measures taken or envisaged to expand the provision of institutional childcare with a view to encouraging women’s participation in the labour market, as well as to indicate the measures taken to establish the same statutory retirement age for women and men.

Employment of migrant workers. The Government indicates that as of 2016 there were 281.71 million migrant workers, including rural migrant workers, in the country. The Committee notes that, according to the 2015 Opinions on Further Improving the Employment and Entrepreneurship in the New Situation, the Government aims to enhance the vocational skills of migrant workers. The Committee requests the Government to provide information, including updated statistical information, on the measures taken or envisaged to meet the employment needs of migrant workers, including internal rural migrants.

Employment of rural workers. The Committee notes that the Government is undertaking to enhance employment services and vocational skills training to promote rural employment and eradicate poverty in poorer rural areas of the country. The Government is also encouraging those returning to rural areas to start their own business. The Committee notes the “hukou reform”, which aims to promote the employment of migrant workers in rural areas. The Committee requests the Government to provide information on the impact of the measures taken to promote the employment of rural workers, including updated statistical data on the employment situation and trends. The Committee also requests the Government to provide more information on the status of the “hukou reform” and its impact on regional disparities.

Persons with disabilities. In its 2016 direct request concerning the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), the Committee noted that two out of three persons with disabilities in China live in rural areas, and that a considerable percentage of these persons are living in poverty. In addition, the Committee notes the ILO report on the Inclusion of People with Disabilities in China, which notes that 36 per cent of persons with disabilities aged 15 or older in China are illiterate. The Government refers to employment services tailored to the needs of persons with disabilities, indicating that it seeks to ensure respect of the rights of persons with disabilities in the workplace. It provides employment assistance to persons with disabilities, helping them to access jobs by providing subsidies to employers. The Committee requests the Government to provide updated detailed information on the nature and impact of active employment measures taken to promote the employment of persons with mental and physical disabilities, particularly on the open labour market.

Strengthening employment services. The Government reports on measures taken to improve the quality and effectiveness of public employment services, especially for college graduates and rural workers. The Government indicates that, from 2014 to 2016, a total of 9,821,000 employers were registered with the public employment service, who employed a total of 167,184,000 registered jobseekers. Furthermore, there were 124,427,000 registered jobseekers, 51,949,000 people were offered vocational guidance and 11,852,000 people were offered entrepreneurship-related services. The Committee requests the Government to continue providing information on the operation of public employment services and private employment agencies and the measures taken to improve the public employment services and ensure cooperation between the public employment service and private employment agencies.

Development of small and medium-sized enterprises, entrepreneurship and new forms of employment for job creation. The Committee notes the Government’s indication that small and micro-enterprises (SMEs) constitute a principal source of employment and that the promotion of SMEs is therefore one of the main objectives set out in the 2017 Opinions report. The Committee notes that the Government introduced a series of measures supporting the development of small and micro-enterprises, inter alia, through providing subsidies and other financial support, establishing an entrepreneurship model, and providing more advantageous tax policies to encourage business development. The Government indicates that, by the end of 2015, there were more than 20 million small and micro-enterprises and more than 54 million private businesses, with 80 per cent of urban jobs provided by SMEs. In 2016, there were 15,000 new enterprises being established in China every day, an increase of 3,000 new enterprises a day compared with 2015. The Committee notes that the Government also encourages the creation of jobs through promoting entrepreneurship and entrepreneurship services, especially for returning migrant workers, and non-standard forms of employment. The Committee requests the Government to continue to provide information on the impact of the measures taken to generate employment through the promotion of small and micro-enterprises, entrepreneurship and new forms of employment. It also requests the Government to provide information on the creation of new forms of employment, including information on whether these new or non-standard forms of employment are considered to fall within the informal economy.

Vocational education and training. The Committee notes the Government’s indication that it is undertaking measures to strengthen vocational education and training services available to jobseekers. The Committee notes that, by the end of 2016, national human resources service agencies provided 280,000 training classes. The Committee requests the Government to provide detailed information on the impact of education and training measures implemented on employment opportunities and on consultations held with the social partners in the development of education and training programmes that meet the needs of the labour market. It also reiterates its request that the Government transmit information on the manner in which coordination is ensured between human resource development policies and active labour market measures developed and implemented.

Article 3. Consultation with the social partners. The Committee requests the Government to provide information on the nature and extent of the involvement of the social partners in the formulation and implementation of active employment policy measures and programmes. It also requests the Government to indicate to what extent consultations have been held with the representatives of the persons affected by the measures taken, such as women, young people, persons with disabilities, rural and migrant workers.