Observation (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 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

The Committee recalls the discussion that took place in the Committee on the Application of Standards (CAS) of the International Labour Conference in June 2022 and the conclusions adopted by the CAS on that occasion, notably the request to: (1) immediately cease any discriminatory practices, including racial harassment, against the Uyghur population and any other ethnic minority groups; (2) adopt national and regional policies to ensure equality of opportunity and treatment in employment and occupation, particularly with regard to the Uyghur population; (3) amend legislation, regulations or policies to bring them in line with the Convention and to ensure that vocational training and guidance and placement services serve the purpose of assisting ethnic and religious minorities; (4) repeal provisions that impose deradicalization duties on enterprises and trade unions; and (5) bring the existing legal framework on sexual harassment in the workplace in line with the Convention. The CAS recommended that the Government accept a technical advisory mission to allow the ILO to assess the situation, with the support of the International Organisation of Employers (IOE) and the International Trade Union Confederation (ITUC).

The Committee notes that following that discussion, the following events took place: (1) an online technical discussion on the application of the Convention took place in November 2022; (2) an ILO high-level mission to China (Beijing and Xinjiang) took place in August 2023 to conduct a technical workshop on the follow-up of CAS conclusions; (3) a further online technical discussion took place between the Office and the Ministry of Human Resources and Social Security (MOHRSS) in August 2025, focusing on labour inspection and discrimination; and (4) a Chinese delegation came to ILO headquarters in Geneva in October 2025 to hold further technical discussions. The Committee welcomes these technical exchanges with the Office to enhance shared understanding and trusts that continued open and constructive dialogue on the issues examined by the CAS and the Committee will make it possible to advance in the adoption of the necessary measures to ensure the full application of the Convention.

Articles 1(1)(a) and (3), 2 and 3(b). Prohibited grounds of discrimination. Legislation. The Committee notes the information provided by the Government, in its report, regarding the provisions in the legislation – as well as in resolutions adopted by the National People’s Congress and opinions of the Communist Party of China (CPC) Central Committee, the State Council or the Supreme People’s Court – which prohibit discrimination in employment and occupation. The Government underlines that Article 3 of the Law of the People’s Republic of China on Promotion of Employment lists only four grounds, namely “ethnicity”, “race”, “gender” and “religious belief” but that the use of “etc”. at the end of this list indicates that this is an open-ended, non-exhaustive clause. The Committee also notes the Government’s statement that “in judicial practice, the scope of discrimination recognized is far broader than the four statutory prohibited grounds explicitly enumerated by the law” and that judicial precedents on the definition of discrimination encompass many factors including “age”, “health status”, “geography” and “identity”. The Government adds that the prohibition of discrimination in employment is not limited to the recruitment phase but extends to employment conditions, vocational education and training, evaluation, promotion, granting of titles or positions, and dismissal; and that “relief channels for employment discrimination are unimpeded”. The Committee also notes that, in their 2023 concluding observations, both the United Nations (UN) Committee on Economic, Social and Cultural Rights (CESCR) and the UN Committee on the Elimination of Discrimination against Women (CEDAW) have expressed concerns about legislative gaps regarding discrimination and recommended to the Government to adopt comprehensive anti-discrimination measures, including legislative ones, prohibiting direct and indirect discrimination, as well as intersecting or multiple forms of discrimination (E/C.12/CHN/CO/3, 22 March 2023, paras 33 and 34; and CEDAW/C/CHN/CO/9, 31 May 2023, paras 13 and 14). In view of the above, and in the absence of examples of judicial interpretations or decisions indicating that the Employment Promotion Law of 2007 prohibits discrimination based on colour, political opinion, national extraction and social origin, the Committee reiterates its request to the Government to confirm that this is the case and to provide such examples. If that is not the case the Committee urges the Government to include a clear and comprehensive definition of discrimination (both direct and indirect) in its labour legislation.

Sex. The Committee notes with interest the amendments adopted in October 2022 to the Law on the Protection of the Rights and Interests of Women, which covers, inter alia, women’s political rights, rights in relation to the person and personality rights (including measures against sexual harassment), rights in relation to access to education, work and social security, and also provides for remedies and corrective measures and for legal responsibility, including penal provisions.

Sexual harassment. The Committee notes the Government’s statement that the definition of sexual harassment is clear and the scope of protection extensive. It indicates that Article 1010 of the Civil Code stipulates that “A person who has been sexually harassed against his/her will by another person through oral words, written languages, images, physical acts, or the like, has the right to request the actor to bear civil liability in accordance with law”. Article 23 of the Law on the Protection of the Rights and Interests of Women, as amended, states: “It is prohibited to implement sexual harassment against women against their will by verbal, written, pictorial, physical, or other means”. In addition, in 2023, the MOHRSS, the National Health Commission, the Supreme People’s Procuratorate, the All-China Federation of Trade Unions, the China Enterprise Confederation, and the All-China Federation of Industry and Commerce jointly issued the “Reference Text for System to Eliminate Workplace Sexual Harassment” which defines specific acts of sexual harassment, including: (1) unwelcome verbal suggestions, telling lewd jokes, recounting personal sexual experiences to others, or using unwelcome appellations; (2) intentionally touching, bumping, or kissing another person’s sensitive body parts inappropriately, displaying private body parts, or sexually touching or caressing oneself in the presence of others; (3) sending or directly displaying pornographic or suggestive texts, pictures, audio, or video via information channels, text messages, or email; (4) displaying obscene images, advertisements, etc., around the workplace that cause distress to others; (5) persistently expressing or conveying sexually suggestive content to others through means such as stalking, harassing messages, or sending objects; and (6) other acts of sexual harassment. The Committee welcomes the fact that these provisions cover both quid pro quo (i.e. blackmail) and hostile work environment harassment. The Government also states that the protection against workplace sexual harassment is extensive as it covers: (1) all stages of the employment relationship, including job seeking, recruitment and vocational education; (2) all forms of sexual harassment (with or without a subordinate relationship between the perpetrator and the victim); and (3) workers without a formal employment relationship. Finaly, the Government indicates that the legislation sets clear duties and obligations for employers in preventing and stopping sexual harassment and that there are clear channels for victims to seek relief (it cites article 1010, para. 2, of the Civil Code, articles 25 and 80 of the Law on the Protection of the Rights and Interests of Women, as well as the Reference Text for System to Eliminate Workplace Sexual Harassment and the Law on Penalties for Administration of Public Security). In this regard, the Committee notes that Article 80 of the Law on the Protection of the Rights and Interests of Women stipulates that “Those who commit sexual harassment against women shall be subject to criticism and education by the public security organs or issued a warning letter, and shall be given disciplinary action by their employing organization in accordance with the law”. The Government adds that, in recent years, the Supreme People’s Court as well as local courts have issued typical or guiding cases to serve as reference and guidance to courts at all levels when adjudicating workplace sexual harassment cases, while also fulfilling a function of public outreach and education.

The Committee notes, however, that both the CESCR and CEDAW expressed concerns over the reports of the high number of cases of sexual harassment in the workplace. CEDAW recommended providing mandatory training for employers, trade unions and employees on the prohibition of sexual harassment; and ensuring that all reports of sexual harassment are effectively investigated and that those responsible are adequately punished (E/C.12/CHN/CO/3, paras 52 and 53(d); and CEDAW/C/CHN/CO/9, paras 41(e) and 42(e)). The Committee asks the Government to adopt measures to raise awareness about the provisions defining and prohibiting sexual harassment in the workplace among: (i) employers, workers, and their respective organizations; (ii) labour inspectorates and the judiciary; and (iii) the public in general. It requests the Government to provide information on: (i) the measures taken to this effect; and (ii) any available cases of sexual harassment dealt with by the courts and the competent authorities, including on their outcome.

Articles 1 to 3. National policy for equality of opportunity and treatment. Discrimination based on race, religion, national extraction and social origin affecting ethnic and religious minorities in Xinjiang and other regions. The Committee notes the Government’s statement that it safeguards the right to equal employment for workers of all ethnic groups in accordance with the law, as provided for under articles 4 and 5 of the Constitution. As an example, the Government cites the revision, in 2024, of the Measures of the Xinjiang Uyghur Autonomous Region for Implementing the Employment Promotion Law which now provides, inter alia, that “Workers shall enjoy the right to equal employment and freedom of occupational choice in accordance with the law, and shall not be discriminated against or subjected to unreasonable restrictions due to differences in ethnic group, race, gender, religious belief, household registration, etc., or due to disability”. It adds that it supports the development of vocational education and training in ethnic regions (through models that adapt to their developmental needs) in order to narrow the interregional disparities in this regard and to support the high-quality economic and social development of these areas. The Committee also notes the Government’s indication that the deradicalization obligations imposed on enterprises and trade unions by Xinjiang local regulations do not affect their role in promoting employment and occupational equality. All members of society should participate in the fight against radicalization and the role of enterprises and trade unions in promoting the ideological transformation and social reintegration of individuals who have engaged in extremist behaviour is to publicize relevant laws, regulations and policies, and to educate and guide employees to value their jobs, comply with the rules and laws, uphold solidarity and harmony, and reject extremist rhetoric and actions. These requirements do not lead to discrimination against any specific race, ethnicity or religion as they target individuals who have engaged in extremist behaviour, not specific ethnic groups or communities. According to the Government, the vocational education and training centres in Xinjiang: (1) “are essentially deradicalization schools, which are not fundamentally different from deradicalization centres or rehabilitation and disengagement programmes implemented in many other countries”; (2) ensure that the basic rights of trainees are not infringed upon (there is no restriction on trainee’s personal freedom, freedom of communication, or cultural rights); and (3) play a crucial role “in safeguarding citizen’s basic rights from terrorism and extremism, and in maintaining social security and stability”. Finaly, the Government states that the labour rights and interests of workers from Xinjiang seeking employment outside their home region are fully protected: within the “Employment first” policy, Xinjiang authorities offer public employment services and strive to help people of all ethnic groups increase their income by voluntarily seeking employment in freely chosen locations.

On 1 October 2025, independent Experts reporting to the UN Human Rights Council in the framework of the special procedures, urged China “to end repression of Uyghur and cultural expression of minorities”, expressing “serious concerns over the increasing criminalization of Uyghur and other minority cultural expression” and “the use of expansive and ambiguous counter-extremism laws, such as the 2015 Counter-Terrorism Law and the Xinjiang Uyghur Autonomous Region De-extremification Regulation”, indicating that while China’s 2024 counter-terrorism framework includes human rights language, it appears to be used to curtail minority cultural and religious expressions and reportedly fails to establish independent safeguards or repeal repressive measures.

Having considered the information at its disposal, including policy and directions set out in official documents such as Xinjiang’s 14th Five-Year Plan (2021–25) and the Government’s white paper on “Historical Matters Concerning Xinjiang” (2019) detailed in its previous observations, the Committee recalls that the elimination of distinctions in employment, occupation, and education requires a comprehensive policy framework actively promoting the resilience of ethnic, religious, and linguistic identities in the face of dominant cultural norms. The overarching objective of these policies remains that “all human beings, irrespective of race, creed or sex, have the right to pursue both their material well-being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity”, as enshrined in the ILO Constitution.

In view of the above, the Committee strongly urges the Government to: (i) ensure that the next Xinjiang’s Five-Year Plan (as from 2026)provides for a comprehensive protection against discrimination in relation to all aspects of employment and occupation and does not contain any distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity and treatment in employment and occupation of the Uyghurs and other ethnic minority groups; (ii) review any other national and regional policies with the same objective; (iii) repeal provisions in the Xinjiang Uyghur Autonomous Region (Xinjiang) Regulation that impose deradicalization obligations on enterprises and trade unions; and (iv) revise national and regional regulatory provisions and policies with a view to ensuring that the activities of vocational guidance, vocational training and education centres and placement services serve the purpose of assisting ethnic and religious minorities in the development and use of their capabilities for work in their own best interests and in accordance with their own aspirations, account being taken of the needs of society. The Committee also requests the Government to provide a copy of the measures of the Xinjiang Uyghur Autonomous Region for Implementing the Employment Promotion Law, as revised in 2024. It also requests the Government to provide detailed information on: (i) what is considered in the above-mentioned measures as“unreasonable restrictions” due to differences in ethnic group, race, gender, religious belief, household registration, etc., or due to disability; (ii) the number of persons affected by the Government’s deradicalization policy and the conditions under which they are released and benefit from any programmes related to training, employment or occupation as it affects their access to the labour market; and (iii) the concrete measures taken to ensure equality of opportunity and treatment for the Uyghurs and other ethnic minority groups in activities carried out in Xinjiang’s vocational training and education centres; and when seeking to access employment outside the Xinjiang Autonomous Region.

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

Articles 1 and 2. The principle of equal remuneration for men and women for work of equal value. Definition of “work of equal value” and application. The Committee notes that the legislative provisions in relation to the principle of the Convention, as mentioned in the previous observation or cited by the Government in its report, i.e. the Constitution, the Labour Law, the Labour Contract Law, the 1994 Notice on the Description of Certain Regulations of Labour Law, the Programme for the Development of Chinese Women (2021–30) and even the Law on the Protection of Women’s Rights and Interests amended in October 2022, all refer to the concept of “equal pay for equal work” and do not encompass the larger concept of “work of equal value” set out in Article 1(b) of the Convention. However, it notes with interest the Government’s statement that, according to interpretations by the Legislative Affairs Commission of the Standing Committee of the National People’s Congress, the criteria for measuring work are its “quantity”, “quality” and “the value it embodies”. Consequently, according to the Government, “the concept of equal pay for equal work encompasses not only equal remuneration and treatment for performing the same type of work with the same quantity and quality of labour but also roughly equivalent remuneration and treatment for work of equal value across different industries/sectors”. It adds that, “through methods such as job evaluation, the value contribution, working environment and conditions, labour intensity, human capital investment, and job responsibilities of different positions are objectively assessed and measured and serve as the premise and foundation for determining wage levels”. The Committee also notes the information provided by the Government in relation to the use of job-evaluation methods in the public and private sectors. In view of the above, the Committee requests the Government, following the interpretations by the Legislative Affairs Commission of the Standing Committee of the National People’s Congress, to clarify in future legislative reforms, the principle of equal remuneration for men and women for “work of equal value”, so that it covers not only situations where men and women perform the same work, but also encompasses explicitly work that is of an entirely different nature and which is nevertheless of equal value; and to provide information on the progress made in this regard.

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