Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

Article 2, paragraph 3, of the Convention. Age of completion of compulsory schooling. The Committee had previously noted that, according to the Compulsory Education Law of 1986, compulsory education lasts for nine years and children usually enrol in school at the age of 6. In this regard, it had noted that young persons in China seem usually to complete their compulsory schooling at the age of 15. The Committee notes the Government’s statement that China has made great efforts to increase the primary school enrolment rate. It also takes note of the Government’s information that impressive results have been achieved in this regard, in particular, in 2003 the enrolment rate of children of primary school age in China reached 98.65 per cent, the enrolment rate for male and female children being respectively 98.69 per cent and 98.61 per cent. The drop-out rate for primary schools was 0.34 per cent, that for female children being 0.36 per cent. The Committee notes, however, that, according to the report submitted by the Special Rapporteur to the United Nations Commission on Human Rights (E/CN.4/2004/45/Add.1 of 21 November 2003, paragraph 13), "the official statistics on school enrolment conflict with reports of large numbers of children who cannot afford to go to school". As indicated in the report, the private costs of public education are the primary reasons for student drop-outs or non-enrolments. The Rapporteur notes that "the increasing costs of education have created ‘new illiterates’, which was confirmed by the official statistics that placed the number of illiterates in 2001 at 85 million", and the majority of them are girls. The Rapporteur recommended "the monitoring of school attendance, combined with the identification of the reasons for non-attendance and school abandonment, and the collection of data disaggregated by all internationally prohibited grounds of discrimination". The Committee is seriously concerned by the large numbers of children who, in practice, do not attend or who drop out of school before the age of completion of compulsory schooling. The Committee is of the view that compulsory education is one of the most effective means of combating child labour. It accordingly requests the Government to indicate the measures taken or envisaged to increase school attendance and to reduce school drop-outs, so as to prevent the engagement of these children in child labour. The Committee asks the Government to provide information on results attained in this area.

Article 3, paragraphs 1 and 2. Hazardous work and determination of types of hazardous employment or work. The Committee notes the report submitted by the Special Rapporteur to the United Nations Commission on Human Rights (E/CN.4/2004/45/Add.1 of 21 November 2003) following an official mission carried out in China. In this report (paragraph 14), the Rapporteur expressed concern about school children performing manual work at schools, which led to the tragedy, when 42 school children and their teachers were officially reported dead as a result of an explosion in a school on 6 March 2001 in Hebei (Juangxi Province). The reason - children having to produce firecrackers to compensate for the shortage of funds for their schooling - had at first been dismissed as "irresponsible reporting", but another investigation confirmed the facts. The Rapporteur recommended "a comprehensive review of school children’s work at school so as to develop a strategy for its urgent elimination and for the immediate protection of children’s lives, health and safety where they are still obliged to work".

The Committee expresses its concern at the situation of children engaged in hazardous work at schools. In this regard, the Committee reminds the Government that, under Article 3, paragraph 1, of the Convention, no person under 18 years of age may perform any type of employment or work which by its nature or circumstances in which it is carried out is likely to jeopardize his health, safety or morals. The Committee notes that section 3 of the Circular on the Protection of Juvenile Workers prohibits work in mine shafts, at heights, with radioactive, poisonous, flammable, or explosive materials to young workers under the age of 18. It also notes the information given to the Rapporteur at the Ministry of Education and mentioned in her report (paragraph 14) that safety inspections and additional regulations for productive activities at school had been initiated. The Committee therefore encourages the Government to continue its efforts to protect children under 18 from engaging in hazardous work inside schools. It also requests the Government to provide information on the number of the contraventions reported by the safety inspections for violations of the prohibition on hazardous work and the application of penalties in practice.

Article 3, paragraph 3. Admission of young persons to types of hazardous work from the age of 16 years. The Committee had previously noted that, according to section 28(2) of the Law on the Protection of Minors of 1991, any organization or individual that recruits minors between 16 and 18 years of age shall, in respect of the types of jobs, duration of time and intensity of labour as well as protective measures, follow the relevant regulations of the State and may not assign them to any overly strenuous, poisonous or harmful labour or any dangerous operation. It had asked the Government to indicate any regulations adopted in application of these provisions as regards the working-time duration of young workers aged 16 and 17. The Committee notes the Government’s indication that China has not legislated specifically on the working time of minors aged 16 and 17, since their lawful rights in the area of working time are equally protected under the Labour Law as for workers of other age groups. In this regard, the Committee notes that under the terms of section 36 of the Labour Act "a worker may not work more that eight hours a day or more than 44 hours a week on average". The Committee takes due note of this information.

Article 6. 1. Vocational training. The Committee had previously noted that section 37 of the Law on the Protection of Minors of 1991 provides that, in respect of minors who have completed the prescribed length of compulsory schooling and who will not receive education at a higher level, the relevant governmental departments, social organizations, enterprises and institutions shall, in line with the actual conditions, train them in vocational skills and create conditions for their engagement in labour or employment. The Committee had asked the Government to provide information on the vocational programmes available to young persons aged 15 who have completed their compulsory schooling and who do not intend to receive education at a higher level. The Committee notes the Government’s information that for those minors who have completed their nine years of compulsory education but are under the age of 16, in addition to creating conditions so that they can continue to study in senior middle schools, other methods are used to secure their right to education, such as channelling them to vocational and technical schools, providing them with vocational guidance and training, in order to ensure their smooth employment. It also notes the Government’s indication that since 1999 China has practised the labour reserve system, organizing the new labour force and other jobseekers for a one- to three-year vocational training and vocational education prior to employment. It notes that, according to section 1(2) of the Opinion on Actively Promoting Labour Reserve System and Quickly Enhancing the Quality of Labourers, "the labour reserve system mainly aims at urban junior and senior middle school graduates who fail to be promoted to higher levels of schooling and rural junior and senior middle school graduates who fail to be promoted to higher levels of schooling and would like to take up non-agricultural work or enter into cities for work". The Committee requests the Government to provide further information on the abovementioned vocational programmes, in particular, statistical data on the number of children who have completed compulsory education at the age of 15 and attend technical and vocational schools. It also asks the Government to supply information on the types of work and on the conditions prescribed by the relevant competent authorities for any work done by children and young persons as part of vocational or technical education. Finally, the Committee requests the Government to provide a copy of the Opinion on Actively Promoting Labour Reserve System and Quickly Enhancing the Quality of Labourers.

2. Apprenticeship. The Committee had previously asked the Government to indicate which national laws or regulations contain provisions on apprenticeship and to supply a copy of the relevant texts. The Committee notes that the Government’s report contains no information on this subject and therefore once again requests the Government to provide detailed information on apprenticeship, including copies of relevant legislation.

Article 7, paragraphs 1 and 2. Light work. The Committee had previously noted that section 16 of the Decree on Prohibition of Child Labour of 1991, repealed by the Regulations Banning Child Labour of 2002, provided that in poor rural areas where conditions are not yet at hand to implement compulsory junior secondary education, and where there is truly a need for adolescents between the ages of 13 and 15, who have not yet entered junior middle school, to do remunerative and possible supplementary labour, the people’s governments of various provinces, autonomous regions and municipalities under the central Government should draw up necessary provisions according to the practical circumstances, and the type of employment and work involved should be strictly limited. The Committee had asked the Government to indicate if young persons aged 13 to 15, and persons who are at least 15 but have not yet completed their compulsory education, may accomplish light work in conformity with Article 7 of the Convention and if so, to provide a copy of the relevant texts. The Committee notes the Government’s information that section 16 of the Decree on Prohibition of Child Labour of 1991 was revised and that the present Regulations Banning Child Labour of 2002 in force do not avail itself of the exceptional cases allowed under Article 7 of the Convention. The Committee takes due note of this information.

Article 8. Artistic performances. The Committee had previously noted that section 13(1) of the Regulations Banning Child Labour of 2002 provides that organizations for performing arts and sports may recruit professional artists and athletes under the age of 16 upon consent from their parents or other guardians. The said organizations should guarantee the physical and mental well-being of recruited minors under the age of 16 and ensure that they enjoy their right to compulsory education. The Committee had recalled that, under Article 8 of the Convention, permits may be granted in individual cases by the competent authority, after consultation with the employers and workers concerned, and that such permits must limit the number of hours during which, and prescribe the conditions in which, employment or work is allowed. It had asked the Government to indicate if regulations have been adopted in application of abovementioned section 13 in compliance with these requirements of the Convention and, if so, to supply a copy of them. The Committee takes note of the Government’s information that the procedures in employing professional artistic workers and sportsmen by artistic groups and sports organizations are formulated by social security departments under the State Council together with cultural and sports departments under the State Council. It also notes the Government’s statement that at present procedures have not yet been made for the implementation of this Article. The Committee requests the Government to indicate any measures taken or envisaged to bring the national legislation into conformity with the Convention on this point and to provide copies of the relevant texts once they have been adopted.

Article 9, paragraph 3. Registers of employment. The Committee had previously noted that section 4 of the Regulations Banning Child Labour of 2002 provides that, when hiring personnel, employers must check the identity papers of the person to be hired, that minors under the age of 16 should invariably be excluded and that hiring, registration and examination records of employees should be properly kept by employers. It had asked the Government to indicate whether the employment registration records referred to under the above provisions of the Regulations contain the names and ages or dates of births, duly certified wherever possible, of employees under the age of 18, and whether they are to be made available by the employer, in conformity with Article 9, paragraph 3, of the Convention. The Committee notes the Government’s statement that, according to section 4 of the Regulations Banning Child Labour of 2002, "the registration record of the employed personnel and verification materials should be carefully kept by the employing units". It also notes the Government’s information that, in applying this rule, the registration record generally should include the name, age or date of birth and other information of the worker, and as far as possible these should be officially attested. The Committee takes note of this information and asks the Government to provide a model of the register in question, if such exists.

Part V of the report form. Application of the Convention in practice. The Committee notes that the Government has not provided any statistical data on the number of children working. It once again requests the Government to supply information on the application of the Convention in practice, including statistical data on the employment of children and young persons and extracts from the reports of inspection services. The Committee also asks the Government to provide information on the number and nature of the contraventions reported and penalties imposed.