Freedom of Association
Database 2024

Freedom of Association
Indicator
Freedom of Association
Countries
LRI 2024
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China

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 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 2024.

China’s overall score is 73.5 out of 100. The overall score for China is lower than the regional average observed across East Asia (78). Within the East Asian region, the highest score is observed for Mongolia (85).

China has not ratified either Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) or the Convention No. 98 on the Right to Organise and Collective Bargaining (1949).

Labour Rights Index 2024

73.5/100

LRI Country Score

0/100

Freedom of Association Indicator

44.25 %

Trade union density rate (%)

45 %

Collective bargaining coverage rate (%)

8.93

SDG indicator 8.8.2

5

ITUC Global Rights Index 2024 Ratings

Question

Answer

Score

Legal Basis

More Info

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 2023 (China)

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; §51-56 of Labour Contract Law 2007

A

Does the law provide for the right to strike?

No

0

§64 of the Law on Industrial Enterprises Owned by the Whole People, 1988; ITUC Global Rights Index 2024 (China Profile)

A,C

Does the law prohibit imposing of excessive sanctions against striking workers?

No

0

§64 of the Law on Industrial Enterprises Owned by the Whole People, 1988; ITUC Global Rights Index 2024 (China Profile)

A,C

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

D : USDOS

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

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/  

Freedom of Association Indicator
The Freedom of Association 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 2024 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. 

Information

Source: §7 & 88 of the Labour Law 1994; Trade Union Law 1992; USDOS CRHRP 2023 (China)

D : USDOS

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

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

Information

Source: §33-35 of the Labour Law 1994; §20 & 34 of the Trade Union Law 1992; §51-56 of Labour Contract Law 2007

A : National Law

National Labour Legislation

"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."

Information

Source: §64 of the Law on Industrial Enterprises Owned by the Whole People, 1988; ITUC Global Rights Index 2024 (China Profile)

A : National Law

National Labour Legislation

"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."

C : ITUC

ITUC Global Rights Index (country legal profile)

"The right to strike was abolished in 1982. The government frequently uses public order laws to suppress legal activists and trade unionists. It is not possible for a worker to participate in a legitimate strike or demonstration without violating China's law prohibiting public disturbance. Furthermore, it is common for the prosecutor and court to view industrial actions undertaken by workers as violations of public security rather than the exercise of fundamental rights. "

Information

Source: §64 of the Law on Industrial Enterprises Owned by the Whole People, 1988; ITUC Global Rights Index 2024 (China Profile)

A : National Law

National Labour Legislation

"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."

C : ITUC

ITUC Global Rights Index (country legal profile)

"The right to strike was abolished in 1982. The government frequently uses public order laws to suppress legal activists and trade unionists. It is not possible for a worker to participate in a legitimate strike or demonstration without violating China's law prohibiting public disturbance. Furthermore, it is common for the prosecutor and court to view industrial actions undertaken by workers as violations of public security rather than the exercise of fundamental rights. "