- PDF Free Download

Size: px

Start display at page:

Download ""

Mabel Lucas
5 years ago
Views:

1 ILOLEX: submits English query Page 1 of 1 08/02/2012 Your query: "China " found 25 document(s). Convention Country Ratification date C7 Minimum Age (Sea) Convention, 1920 China 02:12:1936 Status denounced on 28:04:1999 C11 Right of Association (Agriculture) Convention, 1921 China 27:04:1934 ratified C14 Weekly Rest (Industry) Convention, 1921 China 17:05:1934 ratified C15 Minimum Age (Trimmers and Stokers) Convention, 1921 China 02:12:1936 denounced on 28:04:1999 C16 Medical Examination of Young Persons (Sea) Convention, 1921 China 02:12:1936 ratified C19 Equality of Treatment (Accident Compensation) Convention, 1925 China 27:04:1934 ratified C22 Seamen's Articles of Agreement Convention, 1926 China 02:12:1936 ratified C23 Repatriation of Seamen Convention, 1926 China 02:12:1936 ratified C26 Minimum Wage-Fixing Machinery Convention, 1928 China 05:05:1930 ratified C27 Marking of Weight (Packages Transported by Vessels) Convention, 1929 China 24:06:1931 ratified C32 Protection against Accidents (Dockers) Convention (Revised), 1932 China 30:11:1935 ratified C45 Underground Work (Women) Convention, 1935 China 02:12:1936 ratified C59 Minimum Age (Industry) Convention (Revised), 1937 China 21:02:1940 denounced on 28:04:1999 C80 Final Articles Revision Convention, 1946 China 04:08:1947 ratified C100 Equal Remuneration Convention, 1951 China 02:11:1990 ratified C111 Discrimination (Employment and Occupation) Convention, 1958 China 12:01:2006 ratified C122 Employment Policy Convention, 1964 China 17:12:1997 ratified C138 Minimum Age Convention, 1973 China 28:04:1999 ratified C144 Tripartite Consultation (International Labour Standards) Convention, 1976 China 02:11:1990 ratified C150 Labour Administration Convention, 1978 China 07:03:2002 ratified C155 Occupational Safety and Health Convention, 1981 China 25:01:2007 ratified C159 Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 China 02:02:1988 ratified C167 Safety and Health in Construction Convention, 1988 China 07:03:2002 ratified C170 Chemicals Convention, 1990 China 11:01:1995 ratified C182 Worst Forms of Child Labour Convention, 1999 China 08:08:2002 ratified ILO Home NORMES home ILOLEX home Universal Query NATLEX For further information, please contact the International Labour Standards Department (NORMES) by Copyright 2011 International Labour Organization (ILO) Disclaimer webinfo@ilo.org

3 Recent direct requests of the CEACR Direct requests are comments of the CEACR made directly to the government concerned. They are published on the Internet, but only after the annual International Labour Conference. They are about a country s meeting obligations under a specific ratified Convention.

4 ILOLEX: English display cgi Page 1 of 1 08/02/2012 CEACR: Individual Direct Request concerning Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) China, Macau Special Administrative Region (notification: 1999) Submitted: 2010 Description:(CEACR Individual Direct Request) Convention:C087 Country:(China) TERRITORY:(Macau SAR) Subject classification: Freedom of Association Subject classification: Collective Bargaining and Agreements Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): MAC087 The Committee notes that the Government s report has not been received. The Committee further notes the comments submitted by the International Trade Union Confederation (ITUC) on 26 August and 9 September 2009 concerning the dismissal of workers due to their participation in strikes, obstacles to trade union registration, and police repression during May Day celebrations in 2007 and 2008 and other demonstrations. The ITUC also refers to the risk of potentially broad interpretation of the recently approved National Security Laws that could impact on the activities held by trade unions. The Committee requests the Government to send its observations in this respect. Article 2 of the Convention. The Committee notes that the ITUC alleges that domestic workers, migrant workers and civil servants do not enjoy trade union rights. The Committee recalls that the Convention applies to all these categories of worker. The Committee requests the Government to ensure, through the corresponding legislation, the rights enshrined in the Convention and to inform it of any developments respecting this matter. Article 3 of the Convention. Right of organizations to freely organize their activities and to formulate their programmes. Right to strike. The Committee recalls that in its previous comments it noted the Government s indication that two bills were in discussion in the Legislative Assembly and expressed the hope that the draft legislation would be in full conformity with the Convention. The Committee notes that no specific legislation has been adopted on this matter. The Committee notes the comments from the ITUC concerning restrictions to the right to strike and invites the Government to take measures to ensure the legal recognition of this right, in consultation with the social partners. Finally, the Committee requests the Government to inform it of any development concerning the adoption of the draft Law on the Fundamental Rights of Unions and expresses the hope that it will be in full conformity with the Convention. ILO Home NORMES home ILOLEX home Universal Query NATLEX For further information, please contact the International Labour Standards Department (NORMES) by Copyright 2011 International Labour Organization (ILO) Disclaimer webinfo@ilo.org

5 ILOLEX: English display cgi Page 1 of 1 08/02/2012 CEACR: Individual Direct Request concerning Right to Organise and Collective Bargaining Convention, 1949 (No. 98) China, Macau Special Administrative Region (notification: 1999) Submitted: 2010 Description:(CEACR Individual Direct Request) Convention:C098 Country:(China) TERRITORY:(Macau SAR) Subject classification: Freedom of Association Subject classification: Collective Bargaining and Agreements Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): MAC098 The Committee notes that the Government s report has not been received. The Committee notes the comments made by the International Trade Union Confederation (ITUC) by communications dated 26 August and 9 September 2009 concerning antiunion dismissals and blacklisting. The ITUC further refers to the poor bargaining power of workers vis-à-vis employers, due to the fact that many workers do not have a formal employment contract. The Committee requests the Government to send its observations in this respect. Scope of the Convention. Domestic workers. In previous comments the Committee had noted that Act No. 2/99/MM provided for the right of association without authorization of domestic workers and requested the Government to take measures to ensure that the legislation also affords the guarantees set out in this Convention, including collective bargaining. The Committee reiterates its request. Article 6 of the Convention. The Committee recalls that in a previous comment, it requested the Government to indicate the provisions which guarantee the right of public servants who are not engaged in the administration of the State to collective bargaining as well as protection against acts of anti- union discrimination and interference. The Committee reiterates its request. Protection against acts of anti-union discrimination. The Committee recalls that in its previous comments, it referred to sections 47 and 48 of Decree No. 74/89 on labour relations, which provided that the employer could have recourse to the unilateral termination of the employment of a worker irrespective of the reason, through the payment of compensation, and that in the case of unilateral termination of employment, the employer had to pay double compensation. The Committee notes the adoption of Act No. 7/2008 on labour relations that derogates Decree No. 74/89. The Committee notes that new Act 7/2008 is not applicable to public servants and apprentices and that a special legislation will regulate the rights of non-resident workers, seafarers and part-time workers. The Committee further notes that articles 6 and 10 of the Act prohibit any acts of discrimination against workers due to their union membership or the exercise of their rights, and provides for sanctions in case of violation of these provisions (from 20,000 to 50,000 patacas equivalent to US$2,500 to 6,200). In this respect, the Committee recalls that all workers (including public servants, apprentices, non-resident workers, seafarers and part-time workers) should enjoy the rights enshrined in the Convention, with the only possible exception of public workers in the administration of the State, the armed forces and the police. The Committee requests the Government to communicate any special legislation which affords to public servants, apprentices, non-resident workers, seafarers and part-time workers, the rights enshrined in the Convention, including adequate protection against anti-union discrimination acts and the right to collective bargaining. Article 2. The Committee notes that new Act 7/2008 does not contain any provision explicitly prohibiting acts of interference, or guaranteeing adequate protection to workers organizations against acts of interference by employers or their organizations by means of dissuasive sanctions and rapid and effective procedures. The Committee requests the Government to take measures to ensure that such protection is afforded by the legislation. Article 4. In its previous comments, the Committee had requested the Government to indicate whether, in cases where a trade union exists in the enterprise or the institution, a group of non-unionized workers could bargain collectively and whether there were other legislative provisions, in addition to section 6 of Decree-Law No. 24/89/M, which regulate collective bargaining. The Committee notes that new Act No. 7/2008 abrogates Decree-Law No. 24/89/M, but does not contain provisions on collective bargaining. The Committee requests the Government to indicate the provisions that currently regulate the right of collective bargaining. The Committee recalls that in its previous observation it had taken note of a draft Law on the Fundamental Rights of the Unions which was subject to deep consultations. The Committee requests the Government to indicate the status of this draft Law and whether it will address all the issues dealt with by the Committee. The Committee further requests the Government to take the necessary measures to ensure the full application of the Convention and to provide information on any developments on these matters. ILO Home NORMES home ILOLEX home Universal Query NATLEX For further information, please contact the International Labour Standards Department (NORMES) by Copyright 2011 International Labour Organization (ILO) Disclaimer webinfo@ilo.org

7 List of freedom of association cases against the government Allegations on violation of standards and principles of freedom of association may be made by governments, employers or workers organizations. The tripartite Committee on Freedom of Association examines the allegations and issues conclusions and recommendations.

8 ILOLEX: submits English query Page 1 of 1 08/02/2012 Your query: "China " found 18 document(s). Case(s) No(s). 2189, Report No. 337 (China): Complaint against the Government of China presented by the International Confederation of Free Trade Unions (ICFTU) and the International Metalworkers' Federation (IMF) Case(s) No(s). 2186, Report No. 333 (China): Complaint against the Government of China/Hong Kong Special Administrative Region presented by the International Federation of Air Line Pilots' Associations (IFALPA) Case(s) No(s). 2189, Report No. 333 (China): Complaint against the Government of China presented by the International Confederation of Free Trade Unions (ICFTU) and the International Metalworkers' Federation (IMF) Case(s) No(s). 2253, Report No. 334 (China): Complaint against the Government of China/Hong Kong Special Administrative Region presented by the Hong Kong Confederation of Trade Unions (HKCTU) Case(s) No(s). 2186, Report No. 330 (China): Complaint against the Government of China/Hong Kong Special Administrative Region presented by the International Federation of Airline Pilots' Associations (IFALPA) Case(s) No(s). 2189, Report No. 330 (China): Complaints against the Government of China presented by the International Confederation of Free Trade Unions (ICFTU) and the International Metalworkers' Federation (IMF) (ICFTU) Report No. 321, Case(s) No(s) (ICFTU) Report No. 316, Case(s) No(s) (ICFTU) Report No. 310, Case(s) No(s) Complaint against the Government of China/Hong Kong Special Administrative Region presented by the Hong Kong Confederation of Trade Unions (HKCTU) Report No. 311, Case(s) No(s) (ICFTU) Report No. 304, Case(s) No(s) (ICFTU) Report No:292 Case(s) No(s):1652 (ICFTU) Report No. 286, Case No (ICFTU) Report No. 281, Case No COMPLAINT AGAINST THE GOVERNMENT OF CHINA PRESENTED BY THE INTERNATIONAL CONFEDERATION OF FREE TRADE UNIONS (ICFTU) Report No.: 279, Case(s) No.(s): 1500 COMPLAINT AGAINST THE GOVERNMENT OF CHINA PRESENTED BY THE INTERNATIONAL CONFEDERATION OF FREE TRADE UNIONS (ICFTU) Report No:270 Case(s) No(s):1500 (ICFTU) Report No. 275, Case No COMPLAINT AGAINST THE GOVERNMENT OF CHINA PRESENTED BY THE INTERNATIONAL CONFEDERATION OF FREE TRADE UNIONS (ICFTU) Report No:268 Case(s) No(s): 1500 ILO Home NORMES home ILOLEX home Universal Query NATLEX For further information, please contact the International Labour Standards Department (NORMES) by Copyright 2011 International Labour Organization (ILO) Disclaimer webinfo@ilo.org

9 List of representations made against the government A representation is an ad hoc allegation made by an organization of employers or workers charging that the government has failed to secure in any respect the effective observance within its jurisdiction of any Convention to which it is a party. The ILO s Governing Body decides on an ad hoc basis whether to establish a tripartite committee to examine these allegations and issues conclusions and recommendations.

10 ILOLEX: submits English query Page 1 of 1 08/02/2012 Your query: "China " found 1 document(s). REPRESENTATION (article 24) - CHINA, HONG KONG SPECIAL ADMINISTRATIVE REGION - C Report of the Committee set up to examine the representation alleging non-observance by China - HONG KONG Special Administrative Region (SAR) of the Migration for Employment Convention (Revised), 1949 (No. 97) made under article 24 of the ILO Constitution by the Trade Union Congress of the ILO Home NORMES home ILOLEX home Universal Query NATLEX For further information, please contact the International Labour Standards Department (NORMES) by Copyright 2011 International Labour Organization (ILO) Disclaimer webinfo@ilo.org

C98 Right to Organise and Collective Bargaining Convention, 1949

Page 1 of 5 C98 Right to Organise and Collective Bargaining Convention, 1949 Convention concerning the Application of the Principles of the Right to Organise and to Bargain Collectively (Note: Date of