Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

China

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 1990)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 2006)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 1(1)(b), 2 and 3(b). Other prohibited grounds of discrimination. Health status. The Committee requests once again the Government to provide available information on cases of discrimination based on HIV status and on hepatitis B, as well as discrimination based on other infectious diseases, dealt with by the competent authorities, including sanctions imposed and remedies granted.

Disability. The Committee notes that, in November 2023, in the context of the Universal Periodic Review (UPR), conducted under the auspice of the United Nations (UN) Human Rights Council, the Government indicated that it provided living subsidies for persons living with disabilities and in financial difficulty and nursing care subsidies for persons with severe disabilities (a total of 27 million persons in those categories) and that the enrolment rate in compulsory education for children living with disabilities exceeded 95 per cent. The Committee also note that, in their concluding observations of October 2022 and March 2023, the UN Committee on the Rights of Persons with Disabilities (CRPD) and the UN Committee on Economic, Social and Cultural Rights (CESCR), underlining the gaps in legislation and policies with regard to discrimination against persons living with disabilities, recommended to adopt a comprehensive anti-discrimination legal framework to ensure equal and effective legal protection against all discrimination on the basis of disability, including indirect discrimination, harassment, denial of reasonable accommodation, and multiple and intersectional discrimination (CRPD/C/CHN/CO/2-3, 10 October 2022, paras 12, 13 and 55; and E/C.12/CHN/CO/3, 22 March 2023, para. 40). Similarly, the UN Committee on the Elimination of Discrimination against Women (CEDAW), recommended to ensure that women and girls with disabilities have access to inclusive education and employment (CEDAW/C/CHN/CO/9, 31 May 2023, paras 53 and 54). The Committee requests the Government to provide information on the measures taken to protect persons living with disabilities from discrimination in accessing education and employment, including through reasonable accommodation, and the results obtained.

Articles 1 to 3. National policy for equality of opportunity and treatment for ethnic and religious minorities, including in the civil service. Recalling its comment on the subject made in its previous observation, the Committee notes that Article 15 of the Law on the Protection of the Rights and Interests of Women, as amended in October 2022, stipulates that “The state shall […] attach importance to the cultivation and selection of female officials from ethnic minorities”.

Sex. Access to employment and occupation. Recruitment and job advertisements. The Committee notes the information provided by the Government on the various laws, regulations and circulars prohibiting gender discrimination in recruitment and the publication of discriminatory recruitment material (notably the Regulations on the Management of Human Resources Service Agencies issued by the Ministry of Human Resources and Social Security (MOHRSS) in June 2023, and the Circular on Further Strengthening the Standardized Management of Human Resources Markets in August 2024). It welcomes the Government’s indication that, in practice, the regularly conducted “Special Campaign to Clean Up and Rectify the Order of the Human Resources Market” focuses on employment discrimination and that the technology (such as big data and internet) is used to monitor employment discrimination, thus enabling targeted follow-up investigations and corrective measures. It also notes that Article 43 of the Law on the Protection of the Rights and Interests of Women prohibits gender discrimination in recruitment. The Committee welcomes this information and asks the Government to continue providing information on the application in practice of these texts, in particular on the available number of cases of discrimination dealt with by the competent authorities and their outcome (fines imposed and human resources service permit revocations) and on the impact on the elimination of discriminatory job advertisements.

Pregnancy and maternity. The Committee welcomes the information provided by the Government on the legislative framework safeguarding women’s rights during pregnancy and maternity, including the Reference Text for Special Labour Protection System for Female Employees in the Workplace, issued on 8 March 2023 by six stakeholders including MOHRSS, which contains a dedicated chapter on “childbirth protection”. In this regard, the Committee notes the concerns expressed by CEDAW of persistent employment discrimination on the grounds of pregnancy and maternity, and its recommendation to reinforce monitoring mechanisms, including regular labour inspections, and strengthen women’s access to confidential and independent complaint mechanisms, to address employment discrimination on the grounds of pregnancy and maternity (CEDAW/C/CHN/CO/9, paras 41(a) and 42(a)). The Committee asks the Government to provide information on: (i) the enforcement of the provisions protecting workers against discrimination based on pregnancy or maternity, during recruitment but also employment (including any available information on the number and nature of cases of such discrimination dealt with by the competent authorities); and (ii) any awareness-raising activities undertaken to address gender stereotypes and discrimination faced by women based on the fact that they bear children and are seen as primary caregivers.

Sex. Special measures of protection. The Committee takes note of the information provided by the Government which addresses its previous request.

Equality of opportunity and treatment for men and women. The Committee notes the 2023 statistical data provided by the Government and, notably, the fact that female students represented, respectively, 42.2 and 47.4 per cent of the total students enrolled in secondary and higher vocational education. The gross enrolment rate in higher education reached 60.2 per cent, with female students accounting for 49.9 per cent of the total. The Government adds that the employment ratio of women across various sectors and professions is gradually increasing: women accounted for 43.3 per cent of all employed persons, an increase of 0.1 percentage point compared to 2022 (41 per cent in urban non-private sectors, an increase of 0.5 point from 2022). Finally, it indicates that the proportion of leadership teams in government-related departments at the provincial, municipal, and county levels that included female officials was 57.4, 59.3, and 55 per cent, respectively. The Committee notes that CEDAW underlined that women’s disproportionate burden of unpaid care work, which is 2.5 times higher for women than for men, constitutes a barrier to women’s economic participation (CEDAW/C/CHN/CO/9, paras 41(c)). The CESCR also expressed concerns that: (1) gender disparities persist, especially in relation to employment, the gender wage gap, housing and access to higher education, and that rural women continue to be disadvantaged, in particular with regard to land tenure and access to education, healthcare and employment; and (2) gender role stereotypes persist and women’s representation in the judiciary and in senior public administration and political leadership positions remains unsatisfactory (E/C.12/CHN/CO/3, 22 March 2023, para. 43). While taking due note of the statistics provided, the Committee requests the Government to provide information on the concrete measures taken to continue to address the issues of gender inequality, stereotyped assumptions regarding women’s aspirations and capabilities, and vertical and horizontal occupational segregation; and on the results obtained.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 4. Gender pay gap. The Committee notes the information provided by the Government in its report, notably the fact that, in implementing the Programme for the Development of Chinese Women (2021–2030) and the Outline of the 14th Five-Year Plan (2021–2025) for National Economic and Social Development and Long-Range Objectives Through the Year 2035, it has adopted numerous measures to mobilize the whole society in applying the relevant provisions on “equal pay for equal work” between men and women. The Committee further notes that, in their 2023 concluding observations: (1) the CESCR recommended to the Government to adopt all necessary measures, with specific targets and a time frame, to eliminate the persistent gender wage gap (E/C.12/CHN/CO/3, para. 44(c)); and (2) CEDAW expressed concerns at the persistent gender pay gap, estimated at 20.8 per cent, vertical and horizontal segregation in the labour market, and women’s significant under-representation in managerial positions; and recommended reviewing wages in all sectors, applying gender-sensitive analytical job classification and evaluation methods, conducting regular pay surveys, with a view to better understanding the reasons for the gender wage gap, and strictly enforcing the principle of equal pay for work of equal value (CEDAW/C/CHN/CO/9, paras 41(b) and 42(b)). The Committee emphasizes that statistical information is key to monitor and assess the progress made under the various programmes adopted with the aim of narrowing the gender pay gap, and the effectiveness of the measures taken. In these conditions, the Committee requests the Government to provide information on: (i) any further measures taken or envisaged to assess the gender pay gap in the public and private sectors, and the level of the pay gap identified; and (ii) the specific measures adopted under the current overarching programmes and plans to promote equal remuneration for men and women for work of equal value and the results achieved.

Articles 1 and 2. The principle of equal remuneration for men and women for work of equal value. Definition of “remuneration”. The Committee notes the information provided by the Government in reply to its previous request concerning the application of the principle of the Convention to all elements of remuneration, notably, the content of the Regulations on the Composition of Total Wages; the Guidance on Compensation Distribution for Skilled Personnel; and the Notice on Enhancing Incentives in the Compensation Distribution for Skilled Personnel in State-Owned Enterprises. The Committee takes note of this information, which addresses its previous request.

Article 2. Collective bargaining. The Committee notes the Government’s indication that, in 2023, the MOHRSS, the All-China Federation of Trade Unions, the China Enterprise Confederation and the All-China Federation of Industry and Commerce, jointly issued the “Opinions on Promoting the Creation of Harmonious Labour Relations in the New Era”. In the absence of concrete examples provided in reply to its previous comment, the Committee requests the Government, once again, to indicate how, in practice, the 2022 Circular on Launching the Demonstration Activities of Establishing Harmonious Labour Relations, or the 2023 Opinions on Promoting the Creation of Harmonious Labour Relations in the New Era have had an effect on the application of the principle of equal remuneration for work of equal value for men and women in collective bargaining agreements; and to provide information on any such agreement adopted that incorporates this principle.

Conventions Nos   100 and 111 – Application in practice

Awareness-raising. The Committee notes the information provided by the Government on the activities carried out by the trade union organizations, including issuing relevant policy documents either independently or with governmental authorities (such as the “Opinions of the All-China Federation of Trade Unions on Strengthening Women Workers’ Work in the New Era”, the “Reference Text for Special Labour Protection System for Female Employees in the Workplace” and the “Reference Text for System to Eliminate Workplace Sexual Harassment”); publishing typical judicial cases (in collaboration with the Supreme People’s Procuratorate); and carrying out awareness campaigns, notably on the occasion of Women’s Day each year. Employers’ organizations issue standards such as the “General Rules for Enterprise Integrity Management”; implement special projects such as the “Project to Promote Career Development for Female Workers in Guangdong Province” (with UN Women) and the Guide on Labour Compliance and Responsible Business Conduct for Chinese Enterprises’ Transnational Operations (with the ILO Office); and issue annual opinions to guide enterprises in fulfilling their responsibilities (such as the Opinions on Effectively Carrying Out Employment Promotion and Labour Protection Work in 2025). The Committee welcomes this information and requests the Government to continue to provide information on awareness-raising activities carried out by the public authorities as well as the social partners in relation to the application of the Conventions.

Enforcement. The Committee notes the Government’s statement that human resources and social security departments at all levels diligently perform their labour inspection functions and responsibilities and that they have increased the intensity of labour inspection and enforcement. The Government adds that, since 2022, the number of petitions related to labour and social security rights registered and handled by the All-China Women’s Federation system has shown an overall declining trend and that none involved gender discrimination. It recalls that the Law on the Protection of the Rights and Interests of Women, amended in October 2022, authorizes procuratorial organs to initiate public interest litigation in cases involving the infringement of women’s equal employment rights and interests but that, currently, no instances of alleged gender discrimination in recruitment have been identified, and procuratorial organs have not yet handled any public interest litigation cases involving alleged gender discrimination in the recruitment processes of government organs and public institutions. It also notes CEDAW’s concerns over: (1) data showing gender bias on the part of many judges, who apply gender stereotypes and give little weight to women’s testimony, evidence and claims; (2) disadvantaged groups of women, such as women with disabilities, lesbian, bisexual, transgender and intersex, Tibetan and Uyghur women and women from the Democratic People’s Republic of Korea, facing economic and linguistic barriers, as well as intersecting forms of discrimination, in accessing justice; and (3) the lack of information on the number and outcome of cases of discrimination against women brought before the courts and competent authorities (CEDAW/C/CHN/CO/9, para. 15). The Committee requests the Government to provide: (i) information on any expected capacity-building activities addressed to judges, labour inspectors and other public officials regarding discrimination and unequal pay; and (ii) any available information on cases of discrimination, originating from both the public and the private sectors, dealt with by the people’s courts and other dispute resolution mechanisms, including sanctions imposed and remedies granted.