E/C.12/CHN/CO/2
(e)
To fully investigate allegations of violations of the labour law and to take
effective action against those found to be in breach of the law.
Sexual harassment in the workplace
21.
The Committee notes with deep concern that, despite the adoption of the Special
Rules on the Labour Protection of Female Employees to prevent sexual harassment, sexual
harassment in the workplace still frequently occurs in the State party (art. 7).
The Committee urges the State party to take all appropriate measures to address the
problems of sexual harassment in the State party and ensure the full implementation
of the Special Rules on the Labour Protection of Female Employees. The Committee
recommends that the State party incorporate sexual harassment in the workplace in
its criminal legislation.
Forced labour
22.
While noting with satisfaction the Decision of the Standing Committee of the
National People’s Congress on Repealing Legislation on Re-education through Labour, as
was recommended in its previous concluding observations (E/C.12/1/Add.107, para. 51),
the Committee remains concerned about the lack of effective implementation of this
decision, particularly at the municipal and provincial levels (arts. 6 and 7).
The Committee urges the State party to take all necessary measures to ensure the
effective implementation of the decision of the National People’s Congress on the
abolishment of the Re-education through Labour system throughout the State party,
as well as to ensure that no alternative or parallel system of forced labour is put in
place, particularly at the local level.
Trade union rights
23.
The Committee remains concerned that workers cannot freely exercise their right to
form and join trade unions outside the structure of the All China Federation of Trade
Unions. The Committee is also concerned that the Trade Union Law does not provide for
the right of workers to strike. The Committee is further concerned that the State party has
not withdrawn its declaration on article 8, paragraph 1, of the Covenant (art. 8).
The Committee reiterates its previous recommendation (E/C.12/1/Add.107, para. 55)
that the Trade Union Act be amended to allow workers to form independent trade
unions, both within and outside the structure of the All China Federation of Trade
Unions. The Committee also recommends that the State party consider the legal
recognition of the right to strike. In addition, the Committee strongly urges the State
party to consider withdrawing its declaration on article 8, paragraph 1, of the
Covenant.
Access to social security
24.
The Committee welcomes the efforts made by the State party to grant universal
access to social security, including basic old-age pensions, basic medical care and the
minimum living standard scheme (di bao). However, the Committee is concerned about the
significant persistence of disparities between the urban and rural populations and among
rural-to-urban migrant workers, in relation to access to and the quality and amount of
benefits (art. 9).
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