Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - China (Ratification: 1990)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th session (June 2020). The Committee examines the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations of the All-China Federation of Trade Unions (ACFTU), transmitted together with the Government’s report in May 2019. It further notes the observations of the ACFTU and the China Enterprise Confederation (CEC), transmitted together with the Government’s report in September 2020.

Article 5 of the Convention. Effective tripartite consultations. In response to the Committee previous comments, the Government reports on the content and outcome of tripartite consultations held during the reporting period on matters concerning international labour standards covered by Article 5(1) of the Convention as well as further information on measures taken to strengthen national tripartite mechanisms and procedures. The Government indicates that, between 2017 and September 2020, representatives of Government, the ACFTU and the CEC jointly studied the standard-setting items on the agenda of the 106th and 107th Sessions of the International Labour Conference (ILC). In addition, in May 2019, the Ministry of Human Resources and Social Security (MOHRSS) together with the Ministry of Foreign Affairs (MFA), the ACFTU and the CEC, as well as other institutions, held joint consultations to examine the new international labour standards on violence and harassment in the workplace discussed and adopted at the 108th Session of the ILC. The Government has also held tripartite consultations on a number of unratified Conventions (Article 5(1)(c)). The Committee notes that the Ministry of Human Resources and Social Security, in collaboration with the ILO, organized seminars on the Forced Labour Convention, 1930 (No.29); the Labour Inspection Convention, 1947 (No. 81); the Maternity Protection Convention, 2000 (No. 183), and the Social Security (Minimum Standards) Convention, 1952 (No. 102), to discuss and analyse the feasibility of ratification. The Government indicates that three additional seminars were organized, in 2019, to introduce relevant international labour standards and the ILO’s Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy (the MNE Declaration), and discuss measures and share experiences related to corporate social responsibility and responsible labour practices. Representatives of the social partners participated in these seminars. The Committee notes, however, that the Government does not provide information on the outcome of these consultations. The Government indicates that it consults with the social partners every year in relation to the preparation of reports to the Office under article 22 of the ILO Constitution. The Committee notes that the National Tripartite Conference for the coordination of labour relations held regular meetings during the reporting period. In 2018, it determined to carry out national activities aimed at building harmonious labour relations. According to the report, this decision was approved and implemented, in 2019, by the national authorities. In its observations, the ACFTU provides information regarding its efforts to contribute to the promotion and improvement of tripartite consultations, emphasising the proactive role played by trade unions in building harmonious labour relations. It adds that, as a result of trade union efforts to promote the adoption of legislation on collective consultation, by the end of 2019, 42 local decrees and government regulations on collective consultation (collective bargaining on wages) were promulgated in 30 provinces (autonomous regions and municipalities) across the country. Through the national tripartite committee for labour relations, the ACFTU promotes the improvement and expansion of consultation mechanisms involving the Government, trade unions and enterprises, with the aim of expanding these to all levels (city and county level, townships (streets), development zones (industrial parks)). The Committee notes that 23 provinces (municipalities and autonomous regions) to date have established tripartite committees on the coordination of labour relations. In this respect, the CEC provides information regarding its collaboration with the All-China Federation of Industry and Commerce (ACFIC) and the Government to support tripartite consultations and their contribution to the promotion of harmonious labour relations at various levels. The Committee notes that the Government has conducted extensive consultations with the social partners to build harmonious labour relations in general and during the COVID-19 pandemic. The Committee requests the Government to continue to provide detailed information on the content and outcome of the tripartite consultations held on the matters covered by the Convention, particularly relating to questionnaires on Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to the National Assembly (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); questions arising out of reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and the possible denunciation of ratified Conventions (Article 5(1)(e)).

COVID-19 pandemic. The Government indicates that in response to the impact of COVID-19 pandemic on employment and labour relations, the ACFTU in collaboration with the National Tripartite Conference for Coordination of Labour Relations has issued a Notice on Improving the Work of Collective Consultation in Response to the Impact of COVID-19 (ACFTU [2020] No.3) to guide the implementation of collective consultation mechanism and to emphasis its role in coordinating labour relations. The Notice encourages enterprises to stabilise jobs for employees and build harmonious labour relations through collective negotiations on adjustments to salaries, flexible arrangement of working hours, shifts and rest, as well as organization of training. In addition, the 25th Session of the National Tripartite Conference for Coordination of Labour Relations was held in 2020, to discuss and implement measures for stabilising labour relations during the COVID-19 pandemic. The Committee notes that, in 2020, the ACFTU and the CEC have contributed to the work of the National Tripartite Conference for Coordination of Labour Relations in the response to the pandemic. In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages the Government to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to continue to provide updated information in its next report on the impact of the measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to reinforce the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.