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

Labour Administration Convention, 1978 (No. 150) - China (Ratification: 2002)

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.