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Main Recommendations of the China Labour Inspection Review (8. – 21. 09. 09)

This report provides 28 priority recommendations to improve China's labour inspection system, including developing a national strategy, strengthening law enforcement, enhancing capacity building, and implementing new policies. The report highlights the need for comprehensive revisions of labour laws and improving dispute settlement procedures.

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Main Recommendations of the China Labour Inspection Review (8. – 21. 09. 09)

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  1. Main Recommendations of the China Labour Inspection Review (8. – 21. 09. 09) Wolfgang Fhr. von Richthofen International Consultant, and China LI Review Team Leader Thoiry, France Labour Inspection Strategy Symposium Xi’ An, 25 November 2009

  2. Introductory remarks • (Crisis) = (Danger) + (Opportunity) • Diversity in Provinces/Municipalities • Many local best-practice examples • Many innovative solutions • But also: Lack of staff and resources • Lack of coherence and consistency • Imbalances in enforcement W. Frh. von Richthofen

  3. 8 Key Recommendations Improving Institutions: • Develop a comprehensive national Labour Inspection Strategy • Implement the integrated LIB structure in all provinces, at all levels Improving Law Enforcement: 3.Develop a national Labour Inspection Enforcement Policy 4. Draft a new Labour Inspection Law, compatible with ILO C. No. 81 W. Frh. von Richthofen

  4. Strengthening the “2N” Network: • The 2N system should be given full support by all and implemented at all levels • Design unified technical criteria/software for the 2N information system Strengthening Capacity Building: • Set up a National Labour Inspection Training and Research Institute • Put in place an effective, sustainable Trainer-Training system W. Frh. von Richthofen

  5. 28 Priority Recommendations • A comprehensive revision of the Labour Law • Mandate the LI system to administer and enforce equal opportunity provisions • The Labour Inspection Regulations (2004) should be substantially revised • Introduce a new criminal offence of “malicious” or “fraudulent” non-payment of wages W. Frh. von Richthofen

  6. Priority Recommendations (ctd.) 5.Review existing dispute settlement procedures and improve mediation services 6. Methodological guidelines for inspectors to distinguish between labour inspection and arbitration cases 7. Promote bi-partite consultation and conflict resolution mechanisms at employing units 8. Deal more consequentially with illegally and unregistered employing units W. Frh. von Richthofen

  7. Priority Recommendations (ctd.) 9.Ensure sustainable funding of LI teams at “street” or township levels 10.Improved guidance from the national LIB to ensure equitable, effective and timely enforcement throughout the country 11. The “Measures for Management of Labour Inspection” (1994) should be amended 12. Labour inspectors’ liability under Administrative Law for errors or omissions that have occurred unintentionally should be reconsidered W. Frh. von Richthofen

  8. Priority Recommendations (ctd.) 13.“1 car for every 4 inspectors”, alternating between office and site visits (with LIAs) 14.Nation-wide quality standards for 2N teams and common performance criteria 15. Standard Working Procedures for regular (routine) inspections to EUs; also a Procedures and Operations Manual 16. National guidance standards for “Early Warning” or “Violation Indicator” mechanisms W. Frh. von Richthofen

  9. Priority Recommendations (ctd.) 17.A national “enterprise rating system” as a major priority-setting instrument 18. Basic information on Labour, Labour Contract or Work Safety Law for future small business operators(SIYB-ILO) 19. Sanctions procedures and practice for application of administrative fines should be thoroughly reviewed 20. Penalties for obstructing any labour inspector in the rightful exercise of his/her duties should be significantly raised W. Frh. von Richthofen

  10. Priority Recommendations (ctd.) 21.A national Workplace Information Management System (WIMS) standard 22. An Annual Report on Labour Inspection in China, also for external use 23. An “Agency Agreement” between MOHRSS/LIB and SAWS for mutual information of possible Labour and OS&H Law violations 24. Strengthen vertical functional guidance mechanisms to promote more coherent and consistent law enforcement W. Frh. von Richthofen

  11. Priority Recommendations (ctd.) 25.A clear job classification system designed and introduced by the LIB for all levels of personnel in all jurisdictions 26. A “Grading system” for labour inspector positions 27. The ethical “Code of Conduct” for LI&SS inspectors (from the 1990s) should be reviewed, benchmarking with the 2008 IALI “Labour Inspectors’ Code of Integrity” 28. Unified training materials and guidance developed by the LIB for all operational levels, all categories of inspection personnel, and all kinds of training activities W. Frh. von Richthofen

  12. Annex I: Development Plan of China’s Labour Inspection • Promoting central and local labour inspection legislation to establish a comprehensive and inclusive LI system • Expanding the coverage of the “2N” system, to establish real-time compliance supervision and pro-active prevention of labour law violations • Establishing a comprehensive LI supervision system with vertical coordination and horizontal cooperation mechanisms • Creating a working situation under which labour law violations are fully controlled and promptly investigated; and • Establishing standardized labour inspectorates and a contingent of professional labour inspectors in order to lay down a complete and sound organizational foundation for LI W. Frh. von Richthofen

  13. Annex 4: A Note on LIB Training Needs and a new HRD Strategy Capacity building requirements A modular Trainer-Training concept: • Labour Protection Laws and Regulations • Modern LI Enforcement Policies and Procedures • Labour, Social Security and illegal Employment • Occupational Safety Inspection/Accident Prevention • Communication Skills/Social Competence Development; and • Modern adult training methodologies. The “Inspector-cum-Trainer” approach A new Training & Operations Manual W. Frh. von Richthofen

  14. The case for an Integrated - or Coordinated - LI System(I) • Too many different State inspectorates • Too many inspection interventions in EUs • Need to develop a workplace prevention culture • Administrative, procedural, functional, technical and/or organisational integration > ILIS • “Generalist” inspectors, backed by specialists • Concentrates existing resources, provides better services, increases the presence of labour inspectors in enterprises and on construction sites W. Frh. von Richthofen

  15. The case for an Integrated - or Coordinated - LI System(II) • Significant performance improvements possible • ILIS stimulates employers to deal with all labour law compliance issues as one responsibility • A “One-stop-shop” labour inspection service • The principle of: One inspector – one enterprise • Inspectors should be able to address all labour (relations, protection and hygiene/health) issues • This creates a modern inspection system; and • Improves productivity, efficiency and results ! W. Frh. von Richthofen

  16. Thank you for your kind attention! For more information, please contact: Wolfgang Frhr. von Richthofen,International Consultant on Labour Inspection, Technical Adviser to IALI and the World Bank E-mail: vonrichthofen@wanadoo.frPhone/Fax: 0033-450’20’86’50

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