Solicitud directa (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

Convenio sobre los métodos para la fijación de salarios mínimos, 1928 (núm. 26) - China (Ratificación : 1930)

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2018

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Article 3(2) of the Convention. Full consultation and direct participation of the social partners. Further to its previous comment, the Committee notes the Government’s reference to section 8 of the Regulations on Minimum Wages of 2004 which provides in general terms that the determination and adjustment of the minimum wage is carried out by the labour departments of provinces, autonomous regions and municipalities together with trade unions, enterprise unions and entrepreneur associations, and that after receiving their recommendations, the Ministry of Labour and Social Security consults also with the All-China Federation of Trade Unions and the China Enterprise Federation. The Committee also notes the Guiding Principles for the Establishment and Improvement of Tripartite Consultations in Labour Relations, issued by the Minister of Labour and Social Security in August 2002, which call for tripartite consultations based on mutual understanding, trust and support as a means to maintain harmonious labour relations, create a stable social environment and promote rapid and healthy development. Noting that the national legislation does not seem to specify the nature and form of consultations for the purpose of determining the minimum wage, the Committee recalls that the Convention requires that employers and workers concerned be associated in the operation of the minimum wage fixing machinery in a manner to be determined by national laws or regulations, but in any case in equal numbers and on equal terms. The Committee therefore requests the Government to take all measures necessary to ensure that the representatives of employers’ and workers’ organizations directly participate on an equal footing at all stages of the minimum wage fixing process, at either the central or provincial level, and also that their role and conditions of participation in that process are clearly specified in relevant laws or regulations.

Article 5 and Part V of the report form. Application in practice. The Committee notes the information provided by the Government according to which by the end of 2010, the total number of workers protected by the minimum wage system in all occupations had reached 301.3 million. It also notes that the highest monthly minimum wage rate is in the Province of Shenzhen (1,320 Chinese yuan (CNY), or approximately US$208) while the lowest is in the Anhui and Jiangxi Provinces (CNY720, or approximately $113). As regards inspection results, the Committee notes that, in 2010, the labour inspection services totalling 23,000 full-time and 25,000 part-time inspectors, recorded 174,000 wages-related infringements, including violations of the rules concerning the minimum wage, which led to the recovery of a total amount of CNY9.95 billion (approximately $1.5 billion) of unpaid wages. The Committee requests the Government to continue to provide up-to-date information concerning the practical application of the Convention.