WANG Lin ILO Beijing Office For international workshop on labor standards 23 March 2004, Beijing China International Labor Standards: Implications in China
Content 1. Core international labor standards 2. Labor rights & conditions in China
1. Core International Labor Standards International labor standards (ILS) are the cornerstone of the ILO’s work in any country.
1. Core International Labor Standards 184 Conventions 8 have been identified as “fundamental” Conventions by the ILO Declaration on Fundamental Principles and rights at Work Freedom of association. Discrimination, Forced labor Child labor.
1. Core International Labor Standards The operational objectives of ILO's ILS work in China (a) to promote and realize the ILO Declaration on Fundamental Principles and Rights at Work; (b)to provide technical advice and assistance for the ratification and application of ILO Conventions, including fundamental and priority Conventions; (c) to conduct information and educational activities to promote greater awareness of (a variety of ) international labor standards; (d) to strengthen institutional capacity in labor inspection to promote the effective application of ILO Conventions, taking into account the relevant Conventions on labor inspection.
1. Core International Labor Standards China has ratified the following 23 Conventions ConventionRatification Registered Age 1) C.7 Minimum Age (Sea), 1920 02.12.36 2) C.15 Minimum Age (Trimmers and Stokers), 1921 02.12.36 3) C.16 Medical Examination of Young Persons (Sea), 1921 02.12.36 4) C.59 Minimum Age (Industry) (Revised), 1937 21.02.40 5) C.138 Minimum Age 1973 28.04.99 6) C.182 The Worst Forms of Child Labor, 1999 08.08.02
1. Core International Labor Standards China has ratified the following 23 Conventions Convention Ratification Registered None discrimination 7) C.159 Vocational Rehabilitation and Employment (Disabled Persons), 1983 02.02.88
1. Core International Labor Standards China has ratified the following 23 Conventions ConventionRatification Registered Rights 8) C.11 Right of Association (Agriculture) 1921 27.04.34 9) C.14 Weekly Rest (Industry), 1921 17.05.34 10) C.19 Equality of Treatment (Accident Compensation), 1925 27.04.34 11) C.100 Equal Remuneration, 1951 02.11.90 12) C.26 Minimum Wage-Fixing Machinery, 1928 05.05.30
1. Core International Labor Standards China has ratified the following 23 Conventions ConventionRatification Registered Occupational health and safety 13) C.32 Protection against Accidents (Dockers) (Revised), 1932 30.11.35 14) C.167 Safety and Health in Construction 1983 07.03.02 15) C.170 Chemicals, 1990 11.01.95
1. Core International Labor Standards China has ratified the following 23 Conventions ConventionRatification Registered Labor administration 16) C.122 Employment Policy, 1964 17.12.97 17) C.144 Tripartite Consultation (International Labor Standards), 1976 02.11.90 18) C.150 Labor Administration, 1978 07.03.02
1. Core International Labor Standards China has ratified the following 23 Conventions ConventionRatification Registered 19) C.45 Underground Work (Women), 1935 02.12.36 20) C.80 Final Articles Revision, 1946 04.08.47 21) C.22 Seamen's Articles of Agreement, 1926 02.12.36 22) C.23 Repatriation of Seamen, 1926 02.12.36 23) C.27 Marking of Weight (Packages Transported by Vessels), 1929 24.06.31
1. Core International Labor Standards • More to come • 1) Convention 111, Discrimination (Employment and • Occupation), 1958 • 2) Convention 108, Seafarers Identity Documents • Convention, 1958 • 3) Convention180, Seafarers' Hour of Work and the Manning • of Ships Convention, 1996 • 4) Convention 155, Occupational Safety and Health, 1981 • 5) Convention 161, Occupational Health Service, 1985 • 6) Convention 81, Labor Inspection, 1947 • 7) Convention 29, Forced Labor, 1930 • 8) Convention 105, Abolition of Forced Labor, 1957.
2. Labor rights & conditions in China World’s ‘production floor’ • China sets reference for global practices and standards • Export oriented small-medium size & labor intensive enterprises are the driving force of China’s economy • Informal sector and private owned enterprises
2. Labor rights & conditions in China Driving force of China’s economy: • Employ mass surplus low skilled labor • Set standards of working conditions and rights (national & international) • Represent a type of manage style & employee relations
2. Labor rights & conditions in China Driving force of China’s new industrial relations: Massive flows of migrant workers • Low skill and poorly trained • Not covered by social security • Not represented by ACFTU, or union • No negotiating power • etc…
2. Labor rights & conditions in China Promote ILS through sound management and worker-management relations to: • Improve management skills • Empower workers • Improve working conditions Require full collaboration among social partners
2. Labor rights & conditions in China Challenge • awareness / labor surplus v.s. rights • willingness of the enterprise • entry point to target enterprise • law enforcement • independent object inspection
1. Core International Labor Standards Two tracks : ILS Chinese Labor Law Eenterprise upgradingNational policy Management skills Consultation Enterprise associations Government agencies Social partnersMOLSS Need collaboration & support of social partners
1. Core International Labor Standards To promote a new professional field To achieve technical cooperation among Chinese ministerial organizations Capacity Building To include non-Governmental bodies as partners (while they are underdeveloped) To introduce a new concept Concept Level Implementation Level
2. Labor rights & conditions in China ILO “To promote Decent Work through sound human resource management and labor relations at workplace, leads to socially sustainable development promotes economic development” has been the basis of some local officials’ arguments with the top local leaders.