Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes the Government’s report. It requests it to supply further information on the following points.

Article 6. 1. Vocational training. The Committee had previously noted that, since 1999, China has practiced 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 had also noted 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 would like to take up non-agricultural work or enter into cities for work. The Committee notes the Government’s comprehensive information on the Labour Reserve System. According to this information, those having obtained professional qualification certificates and training certificates in the framework of the Labour Reserve System will be recommended for employment. Courses for training of less than two years’ duration are taught in four modules: basic qualities; occupational knowledge; professional skills; and social practice. The “Procedures Governing the Implementation of Training under Labour Reserve System” of 2000 defines specific policy provisions on issues such as: target groups of training; certification of institutions; fields of training; recruitment of students; duration of training; content of training. The Committee notes the Government’s statement that from 2002 to 2005 a total number of more than 6 million persons in China participated in training under the Labour Reserve System. The Committee takes due note of this information.

2. Apprenticeship. The Committee had previously requested the Government to provide detailed information on apprenticeship. It notes that the Government’s report contains no information on this point. The Committee reminds the Government that, by virtue of Article 6 of the Convention, the provisions of the Convention do not apply to work done by persons of at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist. Such work shall be: (a) an integral part of a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation. The Committee requests the Government to indicate what is the minimum age for admission to apprenticeship and which national laws or regulations contain provisions on apprenticeship. If no age is fixed in the relevant legislation for apprenticeship, the Committee requests the Government to take the necessary measures to ensure that no child under 14 years of age follows an apprenticeship in an undertaking.

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 and other guardians. The Committee had noted the Government’s statement that at present procedures have not yet been made for the implementation of this Article. It had requested the Government to indicate any measures taken or envisaged to bring the national legislation into conformity with the Convention on this point. The Committee notes the Government’s information that it is now considering the concrete issues with regard to the special cases such as the recruitment of professional artistic workers and athletes under 16 years. The Committee requests the Government to provide information on any developments in bringing the national legislation in conformity with the Convention on this point.