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With reference to its observation, the Committee would like to bring to the Government’s attention the following additional issues.
Articles 1, 4 and 8 of the Convention. Organization, functioning and supervision of the labour administration system. The Committee notes from the Government’s report that the Ministry of Human Resources and Social Security was established in March 2008, on the basis of a consolidation of the functions and responsibilities of the Ministry of Personnel and the Ministry of Labour and Social Security. The functions of the Ministry include on the one hand, the promotion of employment, safeguarding stable labour relations and improving the social security system, and on the other, the management of civil servants in government agencies and institutions. The Committee also takes note of the organigram of the new Ministry attached to the Government’s report. It notes with interest the detailed information provided in the Statistical Bulletin on Human resources and social security utilities and services, with regard to the operation and coordination of the Ministry’s main areas of activity, i.e. (1) extending the coverage of social security in relation to old age, medical, unemployment, occupational injuries and maternity insurance, and ensuring the supervision of the social insurance fund; (2) ensuring harmonious labour relations including through labour inspection and settlement of labour disputes notably in the area of wage payment and conclusion of labour contracts; (3) rationalization of the income‑distribution pattern; (4) promoting reform of the personnel system for a better institutional mechanism for human resources and implementing a talent strategy for national development through a reservoir of talents; (5) constructing a legal system for human resources and social security and cultivating harmonious labour relations to safeguard the lawful rights of workers; and (6) building capacities and infrastructure. The Committee would be grateful if the Government would continue to provide information on the Ministry’s activities in the above areas. Please also indicate the manner in which priorities and targets are set, activities are planned and reporting is carried out so as to ensure the effective functioning and coordination of the labour administration system. Finally, the Committee would be grateful if the Government would provide an overview of the external structure of the Ministry throughout the country.
Article 6(1). Bodies responsible for the preparation, administration, coordination, checking and review of national labour policy. The Committee takes note of the information provided by the Government on the bodies entrusted with various aspects of the national labour policy on the basis of the State Council’s “Regulations on the Main Functions, Internal Structure and Staffing of the Ministry of Human Resources and Social Security.” It notes in particular with interest the recent establishment of a labour supervision bureau aimed to: develop a system of labour inspection; organize the carrying out of labour inspection and investigate major cases and propose solutions; guide localities in carrying out labour inspection activities; coordinate endeavours to protect workers’ rights and organize responses to incidents; and undertake other types of work related to the supervision and inspection of human resources and social security administration. The Committee also notes with interest that a public employment service system has taken initial shape through the establishment of general service points above the county level, offering “one stop” employment services such as policy consultation, job offers, occupational guidance, employment assistance, etc., and carrying out administrative functions entrusted by the administrative departments, such as registering unemployment, recruitment records, archive management etc. The Committee would be grateful if the Government would continue to communicate information on the activities of the Labour Supervision Bureau and the public employment service system along with those of other bodies within the Ministry entrusted with the preparation, coordination and review of national labour policy.
Article 6(2)(b). Review of the situation of employed, unemployed and under-employed persons. The Committee notes the measures taken by the Government to address the issue of internal migrant workers, including the issuance of “Certain opinions on addressing the issue of migrant workers” (with the objective of “establishing the employment system of a uniform labour market for both urban and rural areas to facilitate fair competition; and establishing a public employment service system and regime that can benefit migrant workers and other urban-rural stakeholders”) as well as the reform of the resident registration system so as to gradually solve the issue of resident permits for migrant workers who live and work in cities on a long-term basis. The Committee would be grateful if the Government would provide further information in its next report on the implementation and impact of the Certain Opinions on Addressing the Issue of Migrant Workers and the resident registration system reform.
Article 6(2)(c). Services available to employers and workers. The Committee notes that according to section 8 of the Act, a tripartite labour relation mechanism shall jointly study and resolve major issues of labour disputes, while according to section 19 of the Labour Dispute Mediation and Arbitration Act, tripartite labour dispute arbitration commissions shall oversee the functioning of the dispute resolution system and discuss major or complicated labour dispute cases. The Committee also notes from the Statistical Bulletin communicated by the Government, that in 2008, the labour dispute arbitration organs admitted 693,000 cases of disputes, including 22,000 cases of collective labour disputes involving 503,000 people, and settled 523,000 cases (86 per cent). The Committee would be grateful if the Government would continue to provide information on the activities of the organs responsible for the settlement of labour disputes.
Article 7. Gradual extension of the labour administration system. The Committee notes from the Government’s report that, at present, China’s system of labour administration has not covered entirely agricultural workers and self‑employed workers listed in Article 7; the Government believes nevertheless, that it would be necessary to gradually extend labour administrative functions to cover these groups and plans to gradually extend social insurance to cover all workers. The Committee would be grateful if the Government would provide information in its next report on progress made with a view to the gradual extension of the labour administration system to all categories of workers covered by Article 7.
Article 9. Supervision of parastatal and regional or local agencies to which particular labour administration activities may have been delegated. The Committee notes that the Ministry of Human Resources and Social Security apparently supervises a number of parastatal agencies to which labour administration activities have been delegated (e.g., Social Insurance Management Centre, China Centre of Technical Guidance for Employment and Training, China Academy of Personnel Studies, China Academy of Labour Protection, Institute of Labour Science, Institute of Labour and Wages, International Institute of Labour and Information, Institute of Social Security, Centre for International Exchanges and Services, Service Centre for Students Studying Abroad and Experts, etc.). It also notes from the 2008 Statistical Bulletin, that by the end of 2008, the Ministry had reviewed and approved 76 projects submitted by State-owned enterprises to change ownership status for their auxiliary operations; the projects touched upon 5,315 entities, involving the transfer and placement of 887,000 workers. The Committee would be grateful if the Government would provide an overview of the parastatal agencies under its supervision or any local agencies of the Ministry of Human Resources and Social Protection, and describe the manner in which these parastatal and local agencies are being supervised.
Article 10. Staff and material resources of the labour administration system. The Committee takes note of the information provided by the Government on the entities responsible for managing the staff working within the system of labour administration and the manner in which the staff are recruited, assessed, etc. It also notes that the Ministry of Human Resources and Social Security has 579 staff posts and the actual number of staff members is 557 persons; the institutions directly affiliated to the Ministry have 1,726 staff posts and the actual number of employees is 1,368 persons. The Committee would be grateful if the Government would communicate information on any periodical assessment of staffing needs and reviews of the material and financial resources allocated for the performance of the duties of the Ministry of Human Resources and Social Security within the framework of the national budget.
The Committee takes note of the Government’s report which was received on 8 September 2009, as well as the documentation annexed thereto. It notes with interest the adoption of several Acts relevant to the functioning of the labour administration system, notably, the Labour Contract Act and the Employment Promotion Act in 2007, as well as the Labour Dispute Mediation and Arbitration Act in 2008.
Article 5 of the Convention. Consultation, cooperation and negotiation between the public authorities and organizations of employers and workers. The Committee notes with interest that according to the Government, the National Tripartite Conference on Coordination of Labour Relations has played a crucial role in the process of labour legislation, especially in developing the Labour Contract Act, the Employment Promotion Act and the Labour Dispute Mediation and Arbitration Act. At the same time, there has been extensive involvement of the tripartite partners in the formulation of employment policies and regulations as well as their enforcement, especially the implementation of the Labour Contract Act by establishing and improving the collective bargaining system, facilitating payment of wage arrears, and conducting activities for building harmonious labour relations. Since 1 June 2007, the National Tripartite Conference had held two sessions focusing, among other things, on the establishment and improvement of the collective consultation system and devising solutions to delayed wage payment.
The Committee notes from the Government’s report that at the 13th Session (December 2008) of the National Tripartite Conference on Coordination of Labour Relations a decision was taken to modify this tripartite mechanism by specifying its composition, functions, agenda for coordination, working principles and meeting system. The Committee notes that according to the documentation provided by the Government, these functions will include among other things the establishment and improvement of a working system of labour relations and the promotion of: local-level tripartite labour relations coordination mechanisms; labour contracts; collective contracts; democratic management systems; and labour dispute settlement mechanisms; within this framework, subjects for coordination shall include “the promotion and improvement of the labour contract system and the system of collective contract” as well as the “prevention and settlement of labour disputes” and the “establishment of unions and federations of enterprises”. According to the Government, at present, more than 10,000 organizations within the tripartite mechanism have been set up at various levels across the country. The Committee would be grateful if the Government would continue to provide information on the activities of the National Tripartite Conference and their impact, including in relation to the promotion of collective contracts, the establishment of local-level tripartite labour relations coordination mechanisms and the creation of labour dispute settlement mechanisms.
The Committee also notes with interest from the Government’s report that, to address the impact of the financial and economic crisis on the country, the three parties of the National Tripartite Conference jointly issued on 23 January 2009, the Guiding Opinions on Addressing the Current Economic Situation and Stabilizing Labour Relations (HRSS[2009]18), which encourages and promotes consultations and negotiations on adjustment of wages, elastic working hours, on‑the-job training and other measures to stabilize employment and minimize job cuts. In this context, the National Tripartite Conference has undertaken to continue to play a central role in promoting the “Rainbow Project” for the all-out implementation of the collective contract system and to intensify the coordination of labour relations including through the promotion of negotiation mechanisms at enterprise level as an institutional guarantee that binds together workers and enterprises to help them share the risks, overcome difficulties and grow together. The National Tripartite Conference has moreover undertaken to address the issues of layoffs and non-payment of wages through among other things, the extension of the system of wage guarantee funds, the establishment of early warning mechanisms and the creation of a labour relations emergency response mechanism (Minutes of the 13th Session of the National Tripartite Conference and text of the Guiding Opinions on Addressing the Current Economic Situation and Stabilizing Labour Relations). The Committee would be grateful if the Government would provide further information on the activities carried out for the implementation of the Guiding Opinions on Addressing the Current Economic Situation and Stabilizing Labour Relations and specify the impact of these activities in devising responses to the current economic situation and promoting stability in labour relations.
The Committee is raising other points in a request addressed directly to the Government.
The Committee notes with interest the Government’s first report. In order to assess more accurately the effect given to the provisions of the Convention, it would be grateful if the Government would provide in its next report further information on the following points.
1. Organization of the labour administration system. Please provide the organization chart of the Ministry of Labour and Social Protection. Please describe any new measures taken to ensure that the labour administration system operates efficiently and that the functions and responsibilities assigned to it are properly coordinated, in accordance with Articles 4 and 8 of the Convention.
2. Tripartite cooperation. Please continue to provide information on the work of the tripartite conference for the coordination of labour relations, indicating the opinions issued and the manner in which they have been taken into account. Please describe any progress made concerning the implementation and improvement of the labour relations coordination mechanism at the level of provinces, autonomous regions and towns, as well as in the different sectors of activity (Article 5).
3. Gradual extension of the labour administration system. Please describe the measures taken or envisaged with a view to gradually extending the functions of the administration to cover all agricultural workers and self-employed workers (Article 7).
4. Staff and material resources of the labour administration system. Please provide detailed information on the number of staff of the labour administration system at different grades and on the material and financial resources allocated for the performance of their duties (Article 10).
5. Application of the Convention in practice. Please send extracts of any reports or other periodic information provided by the principal labour administration services concerning the application of the Convention in practice (Part IV of the report form).