LABOUR RIGHTS INDEX 2022

Trade Union
Indicator
Trade Union
Countries
LRI 2022
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lri 2022 Country Profiles

China

Trade Union Indicator

The Labour Rights Index 2022 (LRI 2022) is a de-jure index covering 135 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2022. The Index does not take into account COVID-19 related labour market measures in its scoring.

China’s overall score is 71 out of 100. The overall score for China is higher than the regional average observed across East Asia (76.75). Within the Eastern European region, the highest score is observed for Mongolia (82.5).

China received the worst possible score by default due to reported general prohibition of the right to establish and join organizations and/or collective bargaining in law and in practice (violations no. 23, 36 and/or 62 and 73 in the table below).

Labour Rights Index 2022

71/100

LRI Country Score

0/100

Trade Union Indicator

44.25 %

Trade union density rate (%)

45 %

Collective bargaining coverage rate (%)

-

SDG indicator 8.8.2

5

ITUC Global Rights Index 2022 Ratings

Question

Answer

Score

Legal Basis

Violation

Does the law allow workers to form and join unions of their own choice?

No

0

§7 & 88 of the Labour Law 1994; Trade Union Law 1992; USDOS CRHRP 2021

D

Does the law allow workers to bargain collectively with employers through their representative unions?

No

0

§33-35 of the Labour Law 1994; §20 & 34 of the Trade Union Law 1992; §54 of Labour Contract Law 2007

A

Does the law provide for the right to strike?

No

0

Art. 64 of the Law on Industrial Enterprises Owned by the Whole People, 1988

A

Does the law prohibit employers from terminating employment contracts of striking workers?

No

0

Art. 64 of the Law on Industrial Enterprises Owned by the Whole People, 1988

A

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index 2022

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices 2021

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Trade Union Indicator
The trade union indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2022 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

To find an ITUC affiliate in your country, please check the LINK:

Violations

US Department of States' Country Reports on Human Rights Practices 2021 (USDOS)
USDOS CRHRP 2021

The law does not provide for freedom of association, and workers are not free to organize or join unions of their own choosing. The All-China Federation of Trade Unions (ACFTU) is the only union recognized under the law. Independent unions are illegal, and the law does not protect the right to strike.

Violations

National Labour Legislation
§54 of Labour Contract Law 2007

Article 54 After conclusion, a collective contract shall be submitted to the administrative
department of labor and it shall become valid if the department raises no objection within 15
days from the date it receives the text of the labor contract.
A collective contract concluded in accordance with law is binding on the employing unit and
the workers. An industry-wide or region-wide collective contract is binding on the
employing units and the workers engaged in a given local industry or a given region.

Violations

National Labour Legislation
Art. 64 of the Law on Industrial Enterprises Owned by the Whole People, 1988

Article 64. Whoever obstructs, without resorting to violence or threat, the enterprise leaders from carrying out their functions according to law, shall be punished by the public security organ in the locality of the enterprise in accordance with the provisions of Article 19 of the Regulations of the People’s Republic of China on Administrative Penalties for Public Security; whoever by means of violence or threat obstructs the enterprise leaders from carrying out their functions according to law shall be investigated for criminal responsibility in accordance with the provisions of Article 157 of the Criminal Law of the People’s Republic of China.
Whoever disturbs the order of the enterprise, thereby making it impossible for production, business operations and work to go on smoothly, but has not caused serious losses, shall be punished by the public security organ in the locality of the enterprise in accordance with the provisions of Article 19 of the Regulations of the People’s Republic of China on Administrative Penalties for Public Security; if the circumstances are so serious that production, business operations and work cannot be carried on and serious losses are caused, he shall be investigated for criminal responsibility in accordance with the provisions ofArticle 158 of the Criminal Law of the People’s Republic of China.

Violations

National Labour Legislation
Art. 64 of the Law on Industrial Enterprises Owned by the Whole People, 1988

Article 64. Whoever obstructs, without resorting to violence or threat, the enterprise leaders from carrying out their functions according to law, shall be punished by the public security organ in the locality of the enterprise in accordance with the provisions of Article 19 of the Regulations of the People’s Republic of China on Administrative Penalties for Public Security; whoever by means of violence or threat obstructs the enterprise leaders from carrying out their functions according to law shall be investigated for criminal responsibility in accordance with the provisions of Article 157 of the Criminal Law of the People’s Republic of China.
Whoever disturbs the order of the enterprise, thereby making it impossible for production, business operations and work to go on smoothly, but has not caused serious losses, shall be punished by the public security organ in the locality of the enterprise in accordance with the provisions of Article 19 of the Regulations of the People’s Republic of China on Administrative Penalties for Public Security; if the circumstances are so serious that production, business operations and work cannot be carried on and serious losses are caused, he shall be investigated for criminal responsibility in accordance with the provisions ofArticle 158 of the Criminal Law of the People’s Republic of China.