Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Article 6 of the Convention. Apprenticeship. The Committee previously noted that the minimum age for apprenticeship is generally 16 years, pursuant to the “Provisional regulation of the State Council on the duration of training and subsistence allowance for apprentices in the state-run enterprises, the public–private joint operation, cooperative and private-run, and in institutions” of 1958 (Provisional Regulation 1958). The Government indicated that in the case of special sectors, the age of apprenticeship may be lower than 16 years, and in such special circumstances, an approval must be obtained from the competent provincial labour bureau. The Committee noted that there did not appear to be a minimum age set for apprenticeships in the case of special sectors or special circumstances, as approved by the competent labour bureau. The Committee requested the Government to take the necessary measures to ensure that no child under 14 years of age engages in an apprenticeship in an undertaking, including in special sectors or in special circumstances.

The Committee notes the Government’s statement that there have been no new developments on this topic. Nonetheless, the Committee notes the statement in the report of the International Trade Union Confederation (ITUC), for the World Trade Organization General Council on the trade policies of China of 10 and 12 May 2010, entitled “Internationally recognized core labour standards in China” (ITUC report), that apprenticeships are used to employ children in factories, which enables certain employers to conceal their use of child labour. The ITUC report offers two examples of factories where children under 16 were recruited for work as apprentices, and indicates that in some cases, these apprentices worked up to 14-hour days. The ITUC report indicates that these children will work long hours for low pay and often only receive board and lodging. The Committee expresses its concern at the alleged abuse of the apprenticeship system. It recalls that by virtue of Article 6, 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. The Committee accordingly urges the Government to take the necessary measures to ensure that the conditions for apprenticeships are prescribed by the competent authority, following consultation with the organizations of employers and workers concerned, and that these conditions are enforced in practice. Furthermore, observing the alleged apprenticeship of children under the minimum age for apprenticeships specified in the Provisional Regulation 1958, the Committee requests the Government to take the necessary measures to establish a minimum age for admission to apprenticeships of at least 14 years in all sectors, including in special sectors or circumstances.

Article 8. Artistic performances. The Committee 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 Committee observed that obtaining the authorization of the parents or legal guardians of the child is not sufficient to fulfil the requirements of the Convention. It recalled that, by virtue of Article 8(1) of the Convention, the permits granted in individual cases to participate in artistic performances must be granted by the competent authority.

The Committee notes the Government’s statement that artistic or sporting organizations who do recruit minors under the age of 16 must, in addition to securing the consent of the minor’s parent, take effective measures to protect their physical and mental health and guarantee their right to compulsory education. The Committee also notes the Government’s statement that talented children in the arts and sports fields are generally trained in specialized education systems, and are therefore not likely to be recruited to engage in performances for the purpose of employment. Nonetheless, the Committee notes the Government’s statement that it will make due revisions to the relevant legislative policies, to effectively safeguard the rights and interests of minors under 16 years of age. The Committee therefore urges the Government, within the context of the revisions to the relevant legislative policies, to take the necessary measures to bring national legislation into conformity with Article 8 of the Convention by specifying that children employed in artistic activities must apply for permits granted by the competent authority. It requests the Government to provide information on any progress made in this regard, and to provide information on the number of children currently employed pursuant to the exception provided for in section 13(1) of the Regulations Banning Child Labour of 2002.