1. Main findings of ILO/MOHRSS Joint Review Mission on LI in China, 8-17 September 2009
Symposium on LI Strategy in China
Xian, China, November 2009
Presented by Changyou ZHU
ILO Office for China and Mongolia

2. Introduction
Background of the Review
Mission’s Terms of Reference
Work undertaken
Introduction to the Findings

3. Main contents Legal framework LI Profile in China Working systems
Policy, planning and programmes
capacity building and HRD
Inspection methods
Partnership
Issues and challenges

4. LI Profile
34 million urban employing units and nearly 400 million urban employees;
In the end of 2008, there were 3,200 labor inspection agencies all over the country with a total of 25,000 full-time labour inspectors at four levels of labour inspectorates.

5. Legal Framework
In 1993, the former Ministry of Labour issued Labour Inspection Rules and required to set up labour inspectorates at labour administrative departments above country level.
In 1994, the Labour Law was promulgated by the NPC, which laid the legal basis for LI and pushed the LI development
In October 2004, the State Council issued the Labour Inspection Regulations which constitutes a milestone for LI development in China
In 2007, the Labor Contract Law, Employment Promotion Law and Labour Dispute Conciliation and Arbitration.
The Administrative Sanction Law, The Administrative Litigation Law, the Administrative Reconsideration Law, etc.

6. Work systems 10 important LI working system have been set up:
 Labor and social security legal obligation system
 Labor inspection jurisdiction system;
 Labor inspection procedures system;
 Labor inspection case reporting and complaining system;
 Desk review system of written materials;
 Public announcement system of grave violations;
 Emergency response system for massive group case;
 Credit system for compliance with labor laws,
 Labor Inspector management system; and
 Reporting system of performance of enforcement

7. Policy, Planning and Programmes
Annual National Labor Inspection Working Conference is the main means of updating LI policy and deploying the annual work plan-Minister’s reports serve as policy paper.
Policy documents issued by provincial governments such as the Circular concerning Strengthening Work on Labour and Social Security Inspection by Hubei Provincial Government
The annual working plan and the medium and long–term development plan for of labor inspection.

8. Capacity Building and HRD
Status of Inspectors (LIs and LIAs)
Recruitment
Qualification requirements
Standards of professional conduct
The “twin networks” system
Training and institutional capacity building
“Law enforcement “guarantees”

9. Inspection Methods
Extend coverage of the Desk-Top Review (DTR as annual review);
Broaden channels of complains reporting (phone, visits, letters and websites, etc.)
Strengthen routine visits (prioritized visits, preventive and service-oriented)
Regularise specific campaigns (e.g. wages arrears for migrant workers)
Investigate major cases
Deal with emergency and group cases

10. Partnership
Cooperation within human resources and social security departments
Collaboration with other government agencies
Synergy with People’s courts
Academia and Universities
Mass organizations (labour law supervisors) and NGOs
Media

11. Local experiences and innovations (Guangdong)
Building and investing the “Twin Networks”
Chang inspection strategy by strengthening routine inspection
Inform the public on names of employers which seriously violate the laws
Capital City of Guangzhou ahs the largest number of labour inspectors in the country with good practices of developing annual inspection plan, monitoring and appraisal system of performance, including special campaigns based on local issues

12. Local experiences and innovations (Hubei)
Well defined objectives and strategies
Strengthen work systems and standardize operation
Establish cooperation mechanisms
Capital city of Wuhan has achieved a good result on prevention of back pay for migrants through: setting up a guarantee fund; warning information system; identification of potential wages arrears and quick and joint response

13. Local experiences and innovations (Zhejiang)
Regularize and schedule specific campaigns
Introduce a preventive mechanism for rights protection such as the “Work Attendance Card” (WAC) and “Wage Arrears Guarantee Funds”
Strengthen local legislation to promote LI
Capital City of Hangzhou applied information technology in centrally Pre-treatment of complains, grading credit enterprises, online labour inspectors’ training and examination and web blog forum on protection of workers’ rights

14. Challenges and Opportunities
The international financial crisis provides the new challenges and opportunities to LI development
The Labour Contract Law widens the scope and function of Labor inspection
Interact with other jurisdictions, such as labour disputes settlement, administrative litigation and sanction, and people’s count ruling, etc.
Improve and scale up the Two Networks”
Standardize operations to strive for a modern, effective and authoritative LI system in China

15. Concluding remarks LI in China has grown up and is promising
Enforce the laws for the interest of people, which has a full of virtue
Being innovative and progressive to realize a harmonious society
Long and hard journey ahead and strive for a continual improvement

16. Thank you ILO Office for China and Mongolia
Zhu Changyou
ILO Office for China and Mongolia
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