Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

Article 3(1) of the Convention. Hazardous work performed through work–study programmes. The Committee previously noted from the report on the labour protection of interns in Chinese textile and apparel enterprises, carried out with ILO assistance, that 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. It noted with concern that a significant number of schoolchildren continued to engage in hazardous work within the context of work–study programmes. The Committee also noted the adoption of the Regulations on the Management of Student’s Internship in Vocational Schools (Management Regulations) in 2016, which protect the basic rights of internship students and establishes penalties for violations thereof. The Committee requested the Government to take the necessary measures to ensure the effective application of the Management Regulations, and to provide statistical information concerning the number and nature of infringements detected, as well as the specific penalties applied.

The Committee notes the Government’s information, in its report that it has increased its efforts in disseminating the Management Regulations and strengthened information campaigns, through the Internet, WeChat and school information campaigns, so that more students and parents are aware of the rights and interests that students should enjoy during their internship, hence reducing the possibility of illegal practices. The Ministry of Education, in conjunction with relevant departments, ensures the effective implementation of the Management Regulations, including by strengthening institutional cooperation and supervision and inspection. In this regard, key inspections were conducted in 2017 on the work carried out in schools and internship entities in ten provinces and autonomous regions. In 2021, a circular was issued to conduct a comprehensive survey of typical problems with internships in vocational colleges and schools, and to strictly implement relevant rules and regulations. Other circulars concerning (i) reporting violations on internship regulations; (ii) improving and supporting policies related to internship training; and (iii) strengthening and standardizing the management of internships were also issued. Moreover, a hotline specifically dedicated to offer advice on internship management for students of vocational institutions, suggestions and responses to related issues reported, was established. The Committee requests the Government to continue taking effective measures to protect the rights of the students participating in work-study programmes and to ensure that such students are not engaged in hazardous, involuntary and coercive work. It requests the Government to continue providing information on the measures taken in this regard, including the effective implementation of the Management Regulations and other circulars issued in this regard. Finally, the Committee requests the Government to provide information on the outcome of the inspections conducted in schools and internship entities, including statistical information on the number and nature of infringements detected, as well as the specific penalties applied.

Article 8. Artistic performances. The Committee previously noted that section 13(1) of the 2002 Regulations Banning Child Labour provides that organizations for performing arts and sports may recruit professional artists and athletes under the age of 16 years upon consent from their parents or legal guardians. According to the report from the 2013 ILO technical assistance mission, there were 2.01 million performances in China in 2012, including 13,000 registered performing groups, half of which included children. It also noted the Government’s indication that according to the working rules of school art education (Ministry of Education Order No. 13 of 2002), no entities or schools shall organize students to participate in any commercial artistic activities or commercial celebration activities. However, the Government indicated that as this internal working rules lacked wider legal effect, the Ministry of Education was making efforts to incorporate it into the legislative process. The Committee requested the Government to take the necessary measures to enact national legislation that is in conformity with Article 8 of the Convention by specifying that children employed in artistic performances are permitted to do so on the basis of individual permits granted by the competent authority.

The Committee notes the Government’s information that section 15 of the Labour Law was amended in December 2018 to state that “Art, sports and special-skill units that plan to recruit juveniles under the age of 16 shall comply with the relevant provisions of the state and guarantee the right of the employed to receive compulsory education.” The Government also indicates that this amendment abolishes the administrative approval procedures; reduces unnecessary prior approvals; strengthens the responsibility of employing units to comply with the relevant employment related laws and regulations; and focuses on post-recruitment monitoring and investigation. The Government also indicates that Chinese cultural and sports talents are trained by the professional school education system and that in 2021, 1,172 professional faculties of culture and art in secondary vocational schools nationwide have been registered, involving 629 vocational schools. Moreover, with regard to athletic performances, the Measures for the Administration of Sports Schools for Children and Adolescents stipulates that sports schools should ensure that: (i) the students complete the nine-year compulsory education courses; (ii) the students should be trained scientifically and systematically in accordance with the national youth teaching and training programme; and that (iii) the training time per day should be limited to 2.5 hours in principle. The Committee however observes that the amendments to section 15 of the Labour Law concerning the recruitment of juveniles under 16 years by art, sports and special units do not contain the requirement of granting of individual permits for children participating in artistic and sports activities as required by Article 8 of the Convention.

While taking note of the Government’s information, the Committee notes with regret that, despite its reiterated comments for many years, the Government has not taken any measures to establish, in law and in practice, the system of granting individual permits for artistic performances by young persons under the age of 16 years. In this regard, the Committee once again recalls that, by virtue of Article 8 of the Convention, children below the minimum age of admission to employment or work of 16 years, who are employed in artistic activities, shall do so on the basis of individual permits granted by the competent authority. Moreover, permits so granted shall limit the number of hours during which and prescribe the conditions in which such employment or work is allowed. The Committee therefore urges the Government to take the necessary measures to ensure the establishment of a system of individual permits for children under 16 years of age who are engaged in artistic and sports activities and to regulate such activities in accordance with Article 8 of the Convention. It requests the Government to provide information on any measures taken in this regard as well as information on the number of children under 16 years who currently participate in artistic and professional sports activities, and who fall within the exception provided for by section 13(1) of the 2002 Regulations Banning Child Labour.

Article 9(1). Labour inspectorate and penalties. The Committee previously noted that labour security advisers from trade unions and other institutions monitor the compliance of employers with national labour laws and regulations. The Government indicated that the labour inspectorate carries out law enforcement activities jointly with the departments of public security, industry and commerce, administration of work safety and public health, with regard to child labour. The Committee noted with regret the Government’s statement that the data on investigations and penalties regarding child labour was considered confidential and hence could not be provided. However, it noted that according to the Measures on the Disclosure of Major Labour Violations to the Public (MoHRSS Order No. 29 of 2016), the Department of Human Resources and Social Security must publish the cases of major labour violations which have been investigated and closed, including the violations of the Regulations Banning Child Labour, among others (section 5(5)). The Committee requested the Government to provide the relevant data in this regard.

The Committee notes the Government’s information that in March 2021, the “Trial Measures for Trade Union Supervision over Labour Law Enforcement” were issued to further strengthen their supervision work in the area of labour laws, with focus on the use of child labour. The Government also indicates that currently there are 26,000 full time labour inspectors in China. The Committee further notes the statistical information provided by the Government concerning the employment of young persons aged 16 years and above which indicates that 1.2 per cent of the 775.86 million people employed in China are persons between 16 and 19 years of age. In this regard, the Committee notes that the United Nations Special Rapporteur on extreme poverty and human rights on his mission to China, in its report of March 2017 indicated that “the data-collection process in official surveys lacks transparency. Beyond references to household surveys, detailed information on sources and collection procedures is sparse. Expert interlocutors pointed to examples of negative data being withheld from publication”. (A/HRC/35/26/Add.2, paragraph 29). The Committee therefore once again urges the Government to take the necessary steps to ensure that sufficient and accurate 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 of 16 years who are engaged in economic activities, and statistics relating to the nature, scope and trends of their work. It also once again requests that the Government provide information on the number and nature of violations detected by the labour inspectorate and the trade unions, and the penalties imposed.

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