Forced Labour Convention, 1930 (No. 29) - China (Ratification: 2022)

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

Article 2(1) of the Convention. Freedom of certain categories of workers to leave their service. (i) Civil servants. The Committee previously noted that section 86 of the Civil Servants Law of the People’s Republic of China (2005, as amended in 2018) read together with Article 6 of the Regulations on the Grading of Newly Recruited Civil Servants (2019) appears to prohibit civil servants from resigning from public office before the completion of five years of service, including the probationary period. In this respect, the Government indicates that the provisions of Article 86 of the Civil Servants Law and Article 6 of the Regulations on the Appointment and Ranking of Newly Recruited Civil Servants remain in force. The Government also indicates that civil servants’ right to resign or terminate their employment relationship is fully protected. In particular, Article 15 of the Civil Servants Law stipulates that civil servants have the right to apply for resignation and to file an appeal. Article 95 further provides that if civil servants disagree with the rejection of their resignation request, they may request a review by the original authority that handled it, and, consequently, they can file an appeal with the competent civil servant authority at the same level or with the next higher authority that made the initial decision.

The Committee further notes that, under article 11 of the Provisions for the resignation of civil servants from public office (2020), civil servants shall not leave their posts without authorization during the examination and approval period for resignation from public office. The Committee requests the Government to indicate whether the non-completion of the minimum service period of five years, as prescribed by section 86 of the Civil Servants Law, in conjunction with Article 6 of the Regulations on the Grading of Newly Recruited Civil Servants, constitutes a ground for not granting the authorization to leave employment by a competent authority, including in cases of appeal. It requests the Government to provide information on the number of resignation requests which have been refused and the grounds for these refusals, and to indicate the number of civil servants who have had recourse to appeal under Article 95 of the Civil Servants Law and the outcome of such recourse.

(ii) Public institutions personnel. The Government indicates that Articles 12 and 17 of the Regulations on the Personnel Management of Public Institutions (2014), which set a minimum service period of 3 years for employees of public institutions, remain in force. The Government further indicates that the objective of Article 12 of the Regulations is to prevent overly short contract terms and thereby protect employees’ legitimate rights and interests. According to the Government, the contract term does not restrict the ability to resign or terminate the employment contract. If no special agreement has been made between the two parties regarding the termination of employment, the employee may terminate the employment contract by providing 30 days’ advance written notice. The Government specifies that the 30-day advance notice requirement set out in Article 17 of the Regulations is intended to allow employers sufficient time to reallocate human resources and ensure the continuity of operations after an employee’s departure.

The Committee further notes that, according to the Opinions on the trial implementation of the personnel employment system in public institutions (2002) and the Explanation of issues related to the trial personnel employment system of public institutions (2003) issued by the Ministry of Human Resources and Social Security (MoHRSS), the employed person shall continue to perform the employment contract, if the employed person fails to reach an agreement with the employing unit to terminate the employment contract. If after 6 months, the employed person applies again for termination and no agreement is still reached, the employed person can unilaterally terminate the employment contract. This provision does not apply to the main technical leaders and technical backbones who undertake key national and local projects working in positions involving State secrets. The Committee also notes that, according to the Circular of the Organization Department of the CPC Central Committee and the MoHRSS on Further Improving the Open Recruitment of Public Institutions in Counties and Townships in Difficult and Remote Areas (published on 2016), the employer may, as appropriate, for those recruited under relaxed conditions, stipulate a minimum service period of 3–5 years in the employment contract, and clarify the liability for breach of contract and relevant requirements.

The Committee requests the Government to provide information on: (i) whether the Opinions (2002), the Explanation (2003), and the Circular (2016) referred above remain in force; (ii) the consequences for a person who has left employment before the completion of the 6-month required period; (iii) conditions for termination of employment for employees who undertake key national and local projects working in positions involving State secrets; and (iv) conditions for termination of employment for employees in difficult and remote areas before the completion of a minimum service period of 3–5 years.

(iii) Seafarers and fishery crew. The Committee previously noted that under section 23 of the Regulations on Seafarers (2007, as amended in 2019), the captain and senior crew members shall not resign without authorization during the voyage. Furthermore, section 21(9) of the Measures for the Management of Fishery Crew (2014) prohibits fishers from resigning from their duties on their own initiative during the voyage. In this respect, the Government indicates that these legislative provisions are intended to ensure minimum safe manning levels and normal duty arrangements during a voyage, thereby safeguarding the vessel’s safety and the lives and property of those on board. Regarding section 23 of the Regulations on Seafarers, the Government indicates that the term “shall not resign without authorization” should not be interpreted as “may not” or “cannot”. The Government further indicates that captains and senior crew members may freely terminate or dissolve their employment relationship after receiving company approval or submitting notice and completing the necessary handover procedures with their replacements. Regarding Article 21(9) of the Measures for the Management of Fishery Crew, the Government specifies that this provision applies only to professional fishing crew members, not to ordinary crew, and only during active fishing voyages. Once the vessel returns to port, the restriction no longer applies.

The Committee requests the Government to provide information on: (i) the grounds for not granting authorization under section 23 of the Regulations on Seafarers; and (ii) whether the termination of employment of a professional fishing crew member is allowed at the next port of call, or only upon return to the vessel’s home port.

(iv) Military personnel. The Committee previously noted that Articles 43–45 of the Law on Active-Duty Military Officers (1988) provide the minimum number of years of active service for military, political, logistical, and armament officers in peacetime. In this respect, the Government indicates that Articles 43 to 45 of the Law are currently suspended and that the relevant authorities are advancing the revision of the Law. The Government further indicates that it fully safeguards the rights of military officers to serve and retire in accordance with the law. In particular, the Military Service Law provides that active-duty officers who have not reached the maximum age or rank limits for service, in case of requiring discharge due to special circumstances, may be released from active duty upon approval. The Government further indicates that, according to the Law on the Protection of the Status, Rights, and Interests of Service Persons, when the lawful rights and interests of military personnel are violated, they have the right to lodge complaints or accusations with relevant State organs and military units.

The Committee requests the Government to indicate the grounds for refusal to approve the termination of service for active-duty officers who have not reached the maximum age or rank limits for service. It also requests the Government to provide information on the number of resignation requests submitted by military personnel, whether approved or refused, together with the reasons for any refusals.

(v) Civilian personnel in army. The Committee notes that under Article 64 of the Regulations on civilian personnel of the Chinese People’s Liberation Army (2022), civilian personnel may resign in accordance with law or unilaterally terminate their employment contracts. However, a civilian may not resign or unilaterally terminate an employment contract if he/she has not yet completed the minimum number of years of service. The Committee requests the Government to indicate how it ensures that civilian personnel of the Chinese People’s Liberation Army may terminate their employment by means of notice of reasonable length before the completion of the minimum service period. It also requests the Government to specify the minimum service period for civilian personnel of the Chinese People’s Liberation Army, as well as the prescribed resignation procedures.

(vi) Teachers in remote areas. The Committee previously noted that paragraph 3 of the Notice of the General Office of the Ministry of Education on the implementation of the 2020 Special Plan for Teachers in Remote and Impoverished Areas, Border Ethnic Areas, and Old Revolutionary Base Areas (2020) appears to prescribe a minimum period of one year for supportive teachers in remote areas with encouragement to continue service. In its reply, the Government indicates that the required “one-year service period” refers to the duration of the teaching assignment, not the term of the employment contract. The Government further indicates that the teacher may end the assignment early and return to their original position, subject to reaching an agreement with the “original“ employer. The teacher’s right to terminate employment relationship with the “original“ employer is not subject to any additional restrictions. The Government further indicates that participation in the Special Plan for Teachers in Remote and Impoverished Areas, Border Ethnic Areas, and Old Revolutionary Base Areas is entirely voluntary.

(vii) Rural labourers, domestic workers and students. The Committee notes that, according to section 1(4) of the Opinions on Several Issues Concerning the Implementation of the Labour Law of the People’s Republic of China, the Labour Law does not apply to rural labourers (except for employees of township enterprises and peasants who go to cities for work or business) and domestic workers, in addition to other categories. Furthermore, as provided in section 1(12), students who use their spare time to work and study are not regarded as employees, and if they have not established labour relations, they may not enter into a labour contract. The Committee requests the Government to provide information on the legislative provisions regulating the termination of employment for these categories of workers.

Articles 1(1), 2(1) and 25. Vulnerable situation heightening the risk of forced labour among certain categories of workers. The Committee previously noted that, in accordance with Article 2 of the Interpretation of the Supreme People’s Court on Issues Concerning the Application of Law in the Trial of Labour Dispute Cases (I) (2020), disputes over work-related claims by domestic workers, apprentices, and employees of small-scale agricultural businesses (农村承包经营户) fall outside the scope of the labour arbitration system. According to the Government, the fact that disputes are not classified as labour disputes under the Interpretation of the Supreme People’s Court on Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I) (2020) does not mean these groups lack access to legal remedies. The Government indicates that parties may file lawsuits directly with a people’s court without being subject to “pre-litigation arbitration”, which is required for labour disputes. The Government also indicates that, regardless of a worker’s employment status, their rights are protected under laws and regulations prohibiting forced labour. Should workers in labour relationships become victims of forced labour, they are entitled to legal protection and assistance, and the perpetrators will be prosecuted in accordance with the law. Furthermore, the Government indicates that workers in labour relationships have full access to civil remedies. The Committee requests the Government to provide statistical data on the number of forced labour cases detected, prosecutions initiated, and penalties imposed, in relation to domestic workers, apprentices, and employees of small-scale agricultural businesses.

Articles 1(1) and 2(2)(c). Prisoners’ labour. The Committee previously noted Articles 4, 69, 70, and 71 of the Prison Law (2012), which provide that all able-bodied prisoners are under a legal obligation to work. The Government further indicates that prisons in China are State institutions for enforcing criminal penalties, with funding guaranteed by the national treasury. The national prison system is overseen by the Judicial Administrative Department under the State Council. The Government indicates that there are no circumstances in which inmates are employed or placed by private individuals, companies, or associations. The Government also refers to Article 46 of the Criminal Law, which provides that any criminal sentenced to a fixed-term or life imprisonment shall serve his/her sentence in prison or another place of execution.

The Committee notes the ITUC’s observations indicating that the extent to which labour for the benefit of private parties continues within Xinjiang’s upgraded prison network merits concern. The Committee requests the Government to provide information in this respect.

Articles 1(1) and 2(2)(c). Compulsory work in detention centres (拘留所). The Government indicates that, according to Article 21 of the Regulations on Detainment Facilities, detention centres provide legal and moral education to detainees and organize appropriate cultural and sports activities. Furthermore, detention centres shall not compel detainees to engage in productive labour. According to the Government, in practice, detention centres may offer detainees free training in basic labour skills (such as theoretical knowledge related to vocational qualifications or simple hands-on skills like pastry-making) by providing facilities and instructors. The Government further indicates that training is not for production or business purposes, has no market circulation value and is entirely voluntary. The Committee requests the Government to indicate the measures that guarantee that detainees provide their freely given and informed consent to participate in training without the menace of any penalty, as well as any remedies available to detainees who claim to have been subjected to forced labour in administrative detention.

Articles 1(1) and 2(2)(c). Compulsory work in remand centres (看守所). The Committee previously noted that Articles 33 and 34 of the Regulations on Remand Centres (1990) authorize remand centres to “provide prisoners with labour education” and organize them to perform appropriate labour, provided “strict procedures” guarantee their income and expenditure. The Code of Conduct for Detainees in Detention Centres stipulate, among other instructions, that detainees must complete labour tasks with quality and quantity and observe labour discipline (Articles 34 to 40). 

In this respect, the Government indicates that since 2020, all detainees held in remand centres are no longer engaged in labour activities, and there are no instances of such labour being hired or used by private individuals or enterprises. The Government further indicates that the Ministry of Public Security has strengthened routine inspections and supervision of remand centres. In particular, if any labour production activities involving detainees are discovered, they are to be halted and rectified immediately, and those responsible will be held legally accountable in accordance with the law. The Committee requests the Government to provide a copy of the law or regulation terminating the conduct of labour activities in remand centres or repealing the legislative provisions concerning labour activities in detention centres, including the relevant provisions of the Regulations on Remand Centres, the Measures for the Management of Prisoners Serving Sentences in Detention Centres (2013) and the Code of Conduct for Detainees in Detention Centres.

Articles 1(1) and 2(2)(c). Compulsory work for rehabilitation purposes in compulsory drug dependency treatment. The Committee previously noted the Anti-Narcotics Law (2007), which provides for compulsory isolated rehabilitation for persons with drug dependence who have refused to receive community-based rehabilitation or have failed to maintain abstinence in the community, or have been arrested for suffering from a severe drug dependency disorder. According to Article 43 of the Anti-Narcotics Law, rehabilitation centres may organize productive labour for persons receiving treatment, provided such labour is remunerated, as well as organize vocational skills training.

The Government indicates that appropriate rehabilitative labour plays a supportive role in helping individuals overcome harmful habits, establish healthy routines, enhance their sense of self-worth, strengthen willpower, and restore physical function. At the same time, rehabilitative labour helps individuals acquire vocational skills, facilitating their reintegration into society and a smooth transition into employment and everyday life after rehabilitation. The Government further indicates that Chinese laws and regulations stipulate that compulsory isolation centres for drug rehabilitation may organize individuals to participate in necessary productive labour based on rehabilitation needs, but must not compel such participation. The Government refers to Article 49(2) of the Anti-Narcotics Law, according to which individuals undergoing drug rehabilitation may voluntarily live and work in rehabilitation facilities. Additionally, Article 60 of the Anti-Narcotics Law provides that rehabilitative labour sites and programmes must comply with national regulations and must not include activities that jeopardize safety management or hinder the physical recovery of individuals undergoing rehabilitation.

The Committee further notes that, according to Article 40 of the Anti-Narcotics Law, when a public security organ decides to impose compulsory isolation and drug rehabilitation, it must prepare a decision, deliver it to the person subject to compulsory isolation and drug rehabilitation, and within 24 hours after delivery, notify the public security police station where the person subject to the decision is located, the work unit or institution to which the person belongs, and the place of household registration. If the person is not satisfied with the decision on compulsory isolation and drug rehabilitation, he/she may apply for administrative reconsideration or initiate administrative litigation in accordance with the law.

The Committee requests the Government to indicate the measures that guarantee that persons undergoing drug rehabilitation provide their freely given and informed consent to participate in rehabilitative labour without the menace of any penalty. It further requests the Government to provide information on the number of cases in which persons challenged the decisions of public security bodies on compulsory isolation and drug rehabilitation.

Articles 1(1), 2(1) and 25. Trafficking in persons. The Committee notes that, according to Article 240 of the Criminal Law, trafficking in women and children is prohibited and carries penalties of imprisonment for at least five years but not more than ten years, along with a fine. The Committee further notes the United Nations Committee on the Elimination of Discrimination against Women, in its 2023 concluding observations, expressed concern about the high prevalence of trafficking in women and girls in China and the absence of comprehensive anti-trafficking legislation (CEDAW/C/CHN/CO/9, para. 27). The Committee requests the Government to indicate whether Article 240 of the Criminal Law covers trafficking in persons for the purpose of labour and sexual exploitation, as well as statistical data on proceedings initiated, convictions and sentences imposed under this Article. It further requests the Government to provide information on any measures taken or envisaged, in law or in practice, to prevent, eradicate, and combat trafficking in persons, as well as on the assistance provided to victims of trafficking.

Articles 1(1), 2(1) and 25. Penalties for the exaction of forced labour. The Committee previously requested the Government to provide information on the criteria used by public security authorities to distinguish between forced labour as a “minor offence” under Article 40(2) of the Law on Public Security Administration Penalties (2005) and a “criminal offence”, which Article 244 of the Criminal Law makes punishable with a fixed-term imprisonment of not more than three years or criminal detention, and concurrently or independently with a fine.

In this respect, the Government indicates that, in judicial practice, acts involving the use of violence, threats, or other means to compel others to work are generally treated as criminal offences and prosecuted accordingly. In particular, Article 244 of the Criminal Law refers to cases in which a person is forced to work by means of violence, threats, or the restriction of personal freedom. Furthermore, Article 6 of the Supplementary Provisions on Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs (I) stipulates that cases involving the use of violence, threats, or restriction of personal freedom to force others to work shall be filed and prosecuted. Anyone who knowingly recruits, transports, or otherwise assists in such acts of using violence, threats, or restriction of personal freedom to force others to work shall likewise be subject to case filing and prosecution. The Government also indicates that, according to Article 13 of the Criminal Law, an act that is obviously minor and causes little harm shall not be considered a crime. The Government further indicates that in cases where forced labour is involved but the circumstances are clearly minor, or the harm is minimal, criminal liability may not be pursued. In such instances, administrative penalties should be imposed in accordance with the relevant provisions of the Law on Penalties for Administration of Public Security. In this respect, the Committee notes that according to Article 47 of the Law on Public Security Administration Penalties, the punishment for a forced labour offence varies from 5 to 15 days’ administrative detention and a fine of up to 2,000 Chinese yuan.

The Committee requests the Government to provide more detailed information on the circumstances under which forced labour cases may be considered minor offences, particularly examples of relevant administrative decisions on the application of Article 40(2) of the Law on Penalties for Administration of Public Security. It also requests the Government to provide examples of court decisions defining the scope of criminal offences related to forced labour under Article 244 of the Criminal Law.

Article 2(2)(a). Compulsory military service. The Committee observes from the Government’s information that, according to the National Defence Law, the Chinese People’s Liberation Army (PLA) is primarily responsible for defence operations and performs non-combat military missions. The Chinese People’s Armed Police Force is responsible for duties, such as guard duties, responding to public security emergencies, preventing and combating terrorism, maritime rights protection and law enforcement, disaster relief, defence operations, and other tasks assigned by the Central Military Commission. The Government further indicates that, as members of the PLA and the People’s Armed Police Force, conscripts carry out the indicated duties as part of their military service. The Committee requests the Government to provide information on the types of work that can be performed by conscripts under “non-combat military missions” in the PLA. It further requests the Government to provide more detailed information on the types of work that can be required from conscripts in the Chinese People’s Armed Police Force.

Article 2(2)(c). Sentences of community correction. The Committee notes that, under Article 38 of the Criminal Law, the sentence of community correction involves a period of control ranging from three months to two years. According to Article 44 of the Implementation Measures of the Community Corrections Law of the People’s Republic of China (2020), county-level community correction institutions at the place of execution and commissioned judicial offices may, in accordance with the principle of serving the public interest, organize persons under community correction to participate in public-interest activities, taking into account their labour capacity, health condition and other relevant circumstances. The Committee requests the Government to indicate whether participation in public-interest activities of persons sentenced to community correction is compulsory. It further requests the Government to provide information on the nature of public-interest activities, including examples of such activities.

Article 2(2)(d). Minor communal services. The Committee notes that under Article 1 of the Management Methods for Villagers’ Discussion for Raising Funds and Raising Labour on a Case-by-Case Basis (2004), fundraising and labour mobilization apply to the basic construction of farmland water conservancy within the village, road construction, afforestation, agricultural comprehensive development-related land management projects, and other public welfare projects for collective production and living that the villagers deem necessary to undertake. As per Article 3, persons liable for labour mobilization shall be registered residents of the village or able-bodied persons among those benefiting from the deliberated matter. Articles 6–10 establish procedures for consultation and decision-making by villagers regarding fund and labour raising.

The Committee recalls that the exception envisaged in Article 2(2)(e) of the Convention in relation to the performance of minor communal services is subject to the following criteria: the services must be “minor services”, that is to say they relate primarily to maintenance work; they must be “communal services”, performed in the direct interest of the community, and not relate to the execution of works intended to benefit a wider group; and the “members of the community” (that is the community which has to perform the services) or their direct representatives must have the right to be consulted in regard to the need for such services (2012 General Survey on the fundamental Conventions, para. 281). The Committee therefore requests the Government to specify the nature of services that may be required under the Management Methods for Villagers’ Discussion for Raising Funds and Raising Labour on a Case-by-Case Basis, and indicate how it is ensured that such services are “minor” as required by the Convention. It also requests the Government to specify the duration of the services.

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

The Committee takes note of the observations of the International Trade Union Confederation (ITUC), received on 3 September 2025, which have been communicated to the Government. The Committee requests the Government to provide its comments in this respect.

Articles 1(1) and 2(1) of the Convention. Labour transfers. Ethnic and religious minorities in the Xinjiang Uyghur Autonomous Region (Xinjiang) and the Tibet Autonomous Region (Tibet). The Committee previously noted information from the ITUC on widespread and state-sponsored forced labour practices in both Xinjiang and Tibet. In particular, the ITUC referred to two major systems of coercive work placement, including programmes of vocational skills education and training (the “Vocational Skills Training and Education Centres” or VSTEC system) and a system of transferring “surplus” rural workers from low-income traditional livelihoods pursuits into industries such as the processing of raw materials for the production of solar panels, batteries and other vehicle parts; seasonal agricultural work; and seafood processing.

The Government replies, in its report, indicating that there is no “state-sponsored forced labour” in Xinjiang and Tibet. The Government emphasizes that workers from Xinjiang and Tibet who take up employment outside their home regions are misinterpreted as a part of “a system of transferring ‘surplus’ rural workers”. In this respect, the Government indicates that many ethnic minority residents from Xinjiang and Tibet are willing to seek employment in cities or in the eastern regions. In this process, governments at all levels in Xinjiang and Tibet actively build employment information platforms, establish broad connections with employers, and collect job vacancy information. Workers of all ethnic groups make their own decisions about employment, including locations, companies, and positions, based on their individual needs and preferences. The Government also indicates that, like all other workers in China, those from Xinjiang and Tibet who take up jobs outside their home regions are free to leave their positions at any time. In relation to the VSTEC system, the Government indicates that, as of October 2019, all individuals in vocational education and training centres have completed their training.

The Committee notes the ITUC’s observations indicating that in 2019, authorities shifted from reliance on the VSTEC system toward long-term imprisonment of large numbers of Uyghurs. In this respect, the Committee refers to its detailed comments on the Abolition of Forced Labour Convention, 1957 (No. 105).

The ITUC further indicates that the Government has accelerated coercive labour-transfer programmes in both Xinjiang and Tibet. In particular, in 2024, they reached record levels in Xinjiang, marked by increased cross-provincial labour transfers and an expanded policy of dispossessing Uyghurs of their land to facilitate coercive work placements. The ITUC further refers to the Xinjiang government data, indicating 3.34 million instances where individuals were assigned to new jobs in 2024. The ITUC also reports that a wide range of industries operating in Xinjiang have utilized this extensive labour placement system, including the solar sector, silicon and polysilicon production, PVC manufacturers, the automotive industry, cotton production, the seafood industry, and, notably, the mineral sector. The ITUC further emphasizes that the coercive labour-transfer system in Tibet continues to operate extensively. According to the Tibet Work Report, in 2024, the labour-transfer system placed 648,000 people, who generally received low-paid, low-skilled work in manufacturing and construction. According to the ITUC, the official Chinese documents acknowledge Tibetan resistance to labour transfers. The ITUC further indicates that significant evidence suggests that persons who decline to participate in labour-transfer programmes generally risk being sent to detention camps, as the Government may view refusal to participate in these programmes as evidence of extremism and officials can accordingly compel compliance through threats of detention or imprisonment.

The Committee recalls that Article 2(1) of the Convention defines the term “forced or compulsory labour” as “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily”. The Committee further recalls that the essential elements of this definition include the voluntary offer to perform work or service and the menace of any penalty for refusal to perform work or service. In particular, voluntary offer refers to the freely given and informed consent of workers to enter into an employment relationship and to their freedom to leave their employment at any time. Furthermore, the menace of any penalty is understood in a very broad sense and may cover penal sanctions, various forms of coercion, and a loss of rights or privileges. The Committee therefore requests the Government to take the necessary measures to ensure, both in law and in practice, that labour transfers do not involve the imposition of forced labour by ensuring that the persons concerned provide their freely given and informed consent to participate in labour transfers without the menace of any penalty. With regard to the use of forced or compulsory labour as a means of racial, social, national or religious discrimination, the Committee refers to its detailed comments under the Abolition of Forced Labour Convention, 1957 (No. 105).

Articles 1(1), 2(1) and 25. Vulnerable situation of foreign migrants with regard to the exaction of forced labour. The Committee previously noted the information from the report of the Office of the High Commissioner for Human Rights (OHCHR, 2024) on forced labour practices involving overseas workers from the Democratic People’s Republic of Korea (DPRK), including in China.

In its reply, the Government indicates that Chinese law equally protects the legitimate rights and interests of foreign workers, who are entitled to equal access to legal protection against forced labour. The Government further indicates that foreigners must obtain a work permit and a work-type residence permit to be legally employed in China. As per the Exit and Entry Administration Law, foreign workers who have obtained work permits enjoy equal rights to employment and career choice, to receive remuneration, to rest and take leave, to occupational safety and health, to seek redress for labour disputes, and other labour rights stipulated by law. The Government also specifies that it strictly enforces laws against the illegal employment of foreigners and unauthorized work by foreign nationals, thereby addressing the root causes of potential forced or compulsory labour involving foreign workers. Furthermore, the Government continues to strengthen public awareness of the law by using case studies of foreigners working illegally in China as cautionary examples, conducting on-site visits and discussions, and raising employers’ awareness of lawful hiring practices as well as foreign workers’ awareness of their rights while employed in China.

The Committee notes that the 2025 report of the OHCHR refers to the forced labour practices among overseas workers from the DPRK (A/HRC/60/58, para. 31). Additionally, in 2023, the UN Special Reporter on the situation of human rights in the DPRK indicated that overseas workers from the DPRK face harsh labour conditions that may amount to forced labour (A/78/526, para. 21). Furthermore, the UN Committee on the Elimination of Discrimination against Women, in its 2023 concluding observations, expressed concern that China is a country of destination for trafficking in women and girls from the DPRK for purposes of sexual exploitation (CEDAW/C/CHN/CO/9, para. 29).

The Committee requests the Government to make every effort to prevent foreign migrants from falling victim to abusive practices and conditions of work that amount to the exaction of forced labour and to ensure the effective and adequate protection of migrant workers who are victims of forced labour, irrespective of their legal status in the country. The Committee reiterates its request to the Government to supply information on the number of identified victims of abusive practices among migrant workers, and on the number of investigations, prosecutions and penalties imposed on the perpetrators.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

The Committee notes the report of the Government providing a detailed overview of the laws and regulations aimed at giving effect to the Convention.

Article 1(1). Constitutional duty to work. The Committee notes that in accordance with Article 42 of the Constitution of the People’s Republic of China, citizens have the right as well as the duty to work; that work is the glorious duty of every able-bodied citizen; and that the state encourages citizens to take part in voluntary labour. The Committee recalls that a general statement of principle which establishes a moral duty does not affect the application of the Convention. However, a constitutional provision expressing a duty to work should not give rise to the regulatory framework at any level creating a legal obligation, enforceable with sanctions, for able-bodied citizens to engage in a gainful occupation. The Committee requests the Government to provide any judicial or administrative interpretations of Article 42 confirming the exclusively moral nature of the constitutional duty to work, particularly in the light of comments below concerning possible legal obligations placed upon particular categories of workers to provide services.

Article 2(1). Freedom of certain categories of workers to leave their service. As part of its examination of the application of the Convention, the Committee reviews legislative provisions imposing restrictions on certain persons to resign (such as civil servants, career army officers, police officers or navy personnel) or terminate their employment relationship subject to giving a minimum period of notice. In this regard, the Committee notes the following provisions:

• section 81 of the Civil Servants Law of the People's Republic of China (2005) which when read together with Article 6 of the Regulations on the Grading of Newly Recruited Civil Servants (2008) appear to prohibit civil servants from resigning from public office before the completion of five years of service, including the probationary period;
• sections 12 and 17 of the Regulations on the Personnel Management of Public Institutions (2014), which appear to suggest a minimum period of service of not less than 3 years of employees of public institutions;
• section 23 of the Regulations on Seafarers (2007) prohibiting the captain and officers of a ship to resign from their duties on their own initiative during the voyage;
• section 21(9) of the Measures for the Management of Fishery Crew (2014 prohibiting fishers to resign from their duties on their own initiative during the voyage;
• sections 43–45 of the Law of the People's Republic of China on Active-Duty Military Officers (1988) which provide the minimum number of years of active service for military, political, logistical, and armament officers in peacetime;
• paragraph 3 of the Notice of the General Office of the Ministry of Education on the implementation of the 2020 Special Plan for Teachers in Remote and Impoverished Areas, Border Ethnic Areas, and Old Revolutionary Base Areas (2020) which appears to prescribe a minimum period of one year for supportive teachers in remote areas with encouragement to continue service.

The Committee requests the Government to indicate if any restrictions to terminate service or employment relationship referred to above remain in force or have been superseded or repealed and, if not, the measures it envisages to take with a view to ensuring adequate protection of these workers with regard to terminating their employment by means of notice of reasonable length, including their right to have recourse to the courts, if necessary.

Articles 1(1), 2(1) and 25 of the Convention. Vulnerable situation heightening the risk of forced labour among certain categories of workers. The Committee notes that in accordance with Article 2 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I) (2020) disputes over work-related claims by domestic workers, apprentices, and employees of small-scale agricultural businesses (农村承包经营户) fall outside the scope of the labour arbitration system. The Committee requests the Government, considering these categories of workers are at particular risk of forced labour, to indicate the measures taken to provide protection against the threat of forced labour and the remedies available to them in that regard, in particular access to judicial mechanisms. It also requests the Government to provide information on the role of labour inspection services and trade unions in eliminating forced labour, referred to in the Government’s report, including statistical data of forced labour detected, prosecutions initiated and penalties imposed.

Articles 1(1) and 2(2)(c). Prisoners’ labour. The Committee notes Articles 4, 69, 70 and 71 of the Prison Law (2012) according to which all able-bodied persons convicted by the court system in accordance with the Criminal Law and Criminal Procedure Law are under a legal obligation to work. It further notes various local regulations governing the work performance and labour protections of prisoners and the duties of authorities in charge of supervising the state-owned assets of prison enterprises, such as the Guangdong Provincial Measures for the Administration of Labor Quotas and Labor Remuneration for Prison Convicts (2008), the Shanghai Municipal Prison Administration Bureau Prison Affairs Open Manual and the Provisions on the Administration of Labour Remuneration for Convicts (2020). As the Committee has noted in its general observation of 1999, the Convention's general prohibition of the use of forced or compulsory labour in all its forms -- by which is meant all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily - does not apply to any work or service exacted as a consequence of a conviction in a court of law, provided that it is carried out under the supervision and control of a public authority and the person is not hired to or placed at the disposal of private individuals, companies or associations. The Committee requests the Government to include in its next report information as to the present situation in law and practice as regards the eight specific questions regarding hiring prison labour to private parties or placing it at their disposal raised in its general observation of 1999.

Articles 1(1) and 2(2)(c). Compulsory work in detention centres (拘留所). The Committee notes the Law on Public Security Administration Penalties (2005), which provides a legal basis for administrative sanctions by public security authorities in circumstances where public safety is endangered, personal rights or property rights are violated, or social management is obstructed but the severity of the offence is not considered sufficient for criminal punishment (Article 2). It observes that the Law stipulates the administrative sanctions that may be imposed for a wide range of “minor offences” such as forcing others to work by violence, threats, or other means (Article 40(2)). It further notes that Article 63 of the Measures for the Implementation of the Regulation on Detention Facilities provides that detention centres (拘留所) may organize appropriate labour education or vocational skills training for detainees within the facility, on the premise of ensuring safety and the detainees' voluntary consent. Detention facilities must not force or covertly force detainees to engage in productive labour. The Committee requests the Government to indicate the guarantees for obtaining voluntary consent and, where needed, remedies available to persons claiming to have been subject to forced labour in administrative detention. Information is also requested on the application in practice of Article 40(2) of the Law, in particular the criteria used by public security authorities to distinguish between forced labour as a “minor offence” and as a “criminal offence”, which Article 244 of the Criminal Law makes punishable with a fixed-term imprisonment of not more than three years or criminal detention, and concurrently or independently with a fine.

Articles 1(1) and 2(2)(c). Compulsory work in remand centres (看守所). The Committee notes Article 2 of the Regulations on Remand Centres (1990) according to which the public security authorities also supervise remand centres (看守所) where they may detain persons under criminal investigation or criminal prosecution (pre-trial detention) and offenders who have been sentenced to fixed-term imprisonment of less than one year, or whose remaining sentence is less than one year, when it is impractical for them to be sent to labour reform facilities for the execution of their sentences. Persons in the pre-trial phase may be detained for a maximum of 37 days which may be extended. Articles 33 and 34 authorize remand centres to “provide prisoners with labour education” and organize them to perform appropriate labour provided “strict procedures” guarantee their income and expenditure. The Code of Conduct for Detainees in Detention Centers stipulate, among other instructions, that detainees must complete labour tasks with quality and quantity and observe labour discipline (Articles 34 to 40). The Committee recalls that the Convention does not permit compulsory labour of persons who have not been duly convicted by a court of law. It also notes that UN Committee against Torture has called on the Government to reduce the 37-day maximum period of police custody and ensure, in law and in practice, that detained persons are promptly brought before a judge within a time limit in accordance with international standards, which should not exceed 48 hours. The Committee understands that a draft Law on Criminal Detention Centres has been under consideration by the National Peoples’ Congress since 2014 and requests the Government to indicate if it intends to pursue this legal reform to bring law and practice in line with the Convention. It also requests information as to whether offenders serving a sentence of less than 1 year are subject to the same rules as persons detained in the pre-trial phase and whether either category may be hired or put at the disposal of private individuals, companies or associations.

Articles 1(1) and 2(2)(c). Compulsory work for rehabilitation purposes in compulsory drug dependency treatment. The Committee notes the Anti-Narcotics Law (2007), which provides for compulsory isolated rehabilitation for persons with drug dependence who have refused to receive community-based rehabilitation or have failed to maintain abstinence in the community, or have been arrested for suffering from a severe drug dependency disorder. According to Article 43 of the Law rehabilitation centers may organize productive labour for persons receiving treatment, provided such labour is remunerated, as well as organize vocational skills training. According to Article 59 of the Measures for the Administration of Compulsory Isolation and Detoxification Centers by Public Security Authorities, the rehabilitation centers must take into account while organizing productive labour, the needs of drug rehabilitation; the physical condition of the person receiving treatment; and a maximum of six hours of work per day. Persons receiving treatment must not be forced to participate in labour. The Committee requests the Government, in the light of the fact that compulsory isolated rehabilitation appears to involve detention based on a decision by public security authorities rather than a court of law, to indicate in its next report the guarantees available in practice to persons receiving treatment to ensure their participation in productive labour is genuinely free and if the Government would consider to include the administrative prohibition of forced labour in the Law rather than in the administrative measures considering it concerns a fundamental principle and right at work.

Article 2(2)(a) of the Convention. Compulsory military service. The Committee notes the Government’s indication that according to the relevant provisions of the Constitution and the Military Service Law, the conscription system is geared solely towards military purposes. The Committee requests the Government to provide specific information on the types of work that may be assigned to them.

[The Government is asked to reply in full to the present comments in 2025 .]

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

The Committee welcomes the timely first report presented by the Government and the detailed information on the comprehensive legal and regulatory framework developed in the last few decades to suppress all forms of forced labour. It welcomes the significant efforts made at strengthening the national law and practice to combat various forms of forced labour in this period of time with the technical assistance intermittently provided by the Office since 2003. The Committee recognizes in particular the progress China has been making in that period towards the effective application of the Convention in preparing for its ratification, notably the adoption of the Labour Contracts Law (2007), which has formalized employment relationships reducing the vulnerability of workers to forced labour and has introduced specific provisions supporting the prevention or prohibition of forced labour; the abolition of “re-education through labour” (劳动敎养) in 2013; the amendment of article 241, paragraph 6, of the Criminal Law in 2015 to criminalize any act of buying women and children who are victims of trafficking; the abolition of the “custody and education” (收容教育) system for sex workers and their clients in 2019; the gradual strengthening of penal sanctions for perpetrators of forced labour in the Criminal Law; the ratification of the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime in 2010; the determination to investigate administrative, civil and criminal liability associated with forced labour, combat cyber-facilitated trafficking in persons crimes and improving labour recruitment procedures in China’s Action Plan against Human Trafficking (2021–2030) approved by the State Council in 2021; and the Administrative Provisions on Internships for Vocational School Students approved by nine ministries in 2021 and strengthened protection of students in section 50 of the Vocational Education Law (2023).

Article 1(1) of the Convention. Forced or compulsory labour of ethnic and religious minorities. The Committee notes the observations made by the International Trade Union Confederation (ITUC), received on 18 September 2024, aspects of which have been the subject of its examination of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in 2021 and 2022 – and that of the Conference Committee on the Application of Standards in 2022 – as well as of its past and current examination of the Employment Policy Convention, 1964 (No. 122). In its latest observations, the ITUC alleges widespread and state-sponsored forced labour practices in both the Xinjiang Uyghur Autonomous Region (Xinjiang) and the Tibet Autonomous Region (Tibet). According to the ITUC, two major systems of coercive work placement coexist in Xinjiang. Firstly, a system of arbitrary detention for Uyghurs and other ethnic and religious minorities suspected of endangering social stability and national security (the “Vocational Skills Training and Education Centers” or VSTEC system) which since 2020 has been replaced with institutionalized long-term detention in regular prisons following a formal legal process, notably of prominent intellectuals and continued forced placement of “released” detainees in labour-intensive industries such as textiles and electronics. Secondly, a system of transferring “surplus” rural workers from low-income traditional livelihoods pursuits into industries such as the processing of raw materials for the production of solar panels, batteries and other vehicle parts; seasonal agricultural work; and seafood processing. In recent years, based on an intensified campaign of investigating and monitoring the poverty status of millions of rural households, the authorities had raised targets leading to increased cross-provincial labour transfers. At the same time, local authorities had “actively guided” ethnic smallholder farmers to transfer their agricultural plots to large state-led cooperatives, thus “liberating” “surplus” rural workers for transfer into manufacturing or the service sector. The ITUC alleges that in the last decade, similar policies have been pursued in the Tibet Autonomous Region (Tibet). These policies would apply coercive methods such as military-style vocational training methods and the involvement of political cadres to have Tibetan nomads and farmers swap their traditional livelihoods for jobs providing measurable cash income in industries such as road construction, mining or food-processing, thereby diluting “the negative influence of religion”. Placement incentives to local labour brokers and companies had facilitated a gradual increase in the labour transfer of rural workers to reach 630,000 workers in 2024. The Committee requests the Government to provide its detailed comments in reply to these observations from the ITUC.

The Committee notes the reports of various UN human rights mechanisms in recent years examining similar allegations while welcoming the ratification of Conventions Nos 29 and 105. In 2022, the Committee on the Elimination of Racial Discrimination (CERD) under its Early Warning and Urgent Action Procedure called for an immediate investigation of all allegations of human rights violations in Xinjiang, including those of forced labour. In 2023, the UN Committee on Economic, Social and Cultural Rights (CESCR) expressed concern regarding the employment situation of Uyghur, Kazakh, Kyrgyz, Hui and Turkic-speaking peoples, as well as other ethnic minorities in China, particularly Muslim minorities, that provides numerous indications of coercive measures, including forced labour (E/C.12/CHN/CO/3). In 2023, the UN Committee on the Elimination of All Forms of Discrimination against Women expressed concern about reports that “labour transfer” and “vocational training” programmes in the Tibet Autonomous Region of China relegated Tibetan women to training in low-skilled jobs and disregarded their unique skills; and about reports of coercive employment measures against Uyghur women, including forced labour, in addition to sexual violence in vocational education and training centres for Uyghur women. Various mandates of the UN Human Rights Council have on several occasions received information that appear to support the allegations currently before the Committee.

The Committee further recalls its own previous comments and those of the Conference Committee on the Application of Standards in respect of the application by China of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). In these comments, it had expressed deep concern in respect of serious allegations of discrimination against ethnic and religious minorities in Xinjiang, based on policy guidelines expressed in numerous national and regional policy and regulatory documents. In particular, it had noted the broadly worded definition of extremism in the Xinjiang Regulation on Deradicalization (XRD), supported by indicators (“primary expressions of radicalization”) that might otherwise be construed as matters of personal choice and legitimate religious practice. It had noted the extensive digital and personal surveillance apparatus in Xinjiang and the regulatory potential for administrative detention of suspected extremists. In its comments on the Employment Policy Convention, 1964 (No. 122), it had further noted various indicators suggesting the presence of a “labour transfer policy” using measures severely restricting the free choice of employment based on the Government’s references to significant numbers of “surplus rural labour” being “relocated” to industrial and agricultural employment sites located inside and outside Xinjiang under “structured conditions” of “labour management”. In this context, the Committee requests the Government to indicate the measures taken or envisaged, both in law and in practice, to amend national and regional regulatory provisions with a view to revising its deradicalization and employment policies in a manner that does not cause ethnic and religious minorities to fall victim to forced or compulsory labour.

Articles 1(1), 2(1) and 25 of the Convention. Vulnerable situation of foreign migrants with regard to the exaction of forced labour. The Committee notes a report of the Office of the High Commissioner for Human Rights (OHCHR, 2024) highlighting several ILO forced labour indicators suggesting forced labour practices involving overseas workers from the Democratic People’s Republic of Korea (DPRK), including in China. The report refers to DPRK nationals working overseas in a coercive and exploitative environment buttressed by the threat of repatriation if they do not perform well enough or commit infractions. Also in 2024, various mandates of the UN Human Rights Council requested further information about investigations into the situation of girls and women from the DPRK that have been trafficked for the purposes of forced marriage, sexual exploitation, forced labour and domestic servitude. The Committee recalls that ratifying States must suppress all forms of forced labour occurring within their territory or jurisdiction. The Committee requests the Government to undertake efforts to prevent foreign migrants from falling victim to abusive practices and conditions that amount to the exaction of forced labour and to ensure their access to justice and remedies. The Committee also requests the Government to supply information on the number of identified victims of abusive practices among migrant workers, and on the number of investigations, prosecutions and penalties imposed on the perpetrators.

The Committee is raising further questions in a request addressed directly to the Government, noting in particular that full application of the Convention requires legal and regulatory provisions adopted at all administrative levels (i.e. national, provincial, municipal, prefectural, county and township levels) to be in accordance with the provisions of the Convention.

[The Government is asked to reply in full to the present comments in 2025.]