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Article 2 of the Convention. Right of workers and employers to form and join
organizations of their own choosing.
Article 3. Right of organizations to freely organize their activities and to
formulate their programmes.
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Article 1 of the Convention. Protection against acts of anti-union
discrimination.
Article 2. Adequate protection against acts of interference.
Article 4. Free and voluntary nature of collective bargaining.
Articles 4 and 6. Right to collective bargaining of civil servants not engaged
in the administration of the State.
Promotion of collective bargaining in practice.
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Articles 1 to 4 of the Convention. Gender pay gap and occupational segregation.
Promotion of the principle of equal remuneration for men and women for work of
equal value.
Article 3. Objective job evaluation.
Article 2(2)(b). Minimum wages.
Enforcement.
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Articles 1 and 2 of the Convention. Definition of remuneration. Equal
remuneration for men and women for work of equal value. Legislation.
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Article 3(2) and (3) of the Convention. Compulsory leave after confinement.
Article 4(2) and (5). Adequate benefits out of social assistance funds.
Article 4(3). Maternity medical care benefits.
Article 6. Dismissal.
Part V of the report form. Application in practice.
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Article 1(1) of the Convention. Definition of direct and indirect
discrimination.
Prohibited grounds of discrimination and additional grounds.
Articles 1(1), 2 and 3(c). Discrimination based on sex and promotion of
equality of treatment for men and women. Workers with family responsibilities.
Article 1(1)(a). Discrimination based on sex. Retirement age.
Sexual harassment.
Discrimination based on race and colour. Migrant workers.
Articles 1(1)(a) and 1(2). Discrimination based on political opinion. Inherent
requirements of the job. Civil service.
Article 1(3). Protection against discrimination in employment and occupation.
Articles 2 and 3. Measures to promote equality of opportunity and treatment of
men and women.
Measures to promote equality irrespective of race, colour or national
extraction. Ethnic minorities and indigenous peoples, including Tsaatans.
General observation of 2018.
Persons with disabilities.
Awareness-raising and enforcement.
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Articles 1, 2 and 3(c) of the Convention. Legislative developments. New Labour
Law.
Article 1(2). Inherent requirements of the job. Legislation.
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Legislation.
1.
Occupational Safety and Health Convention, 1981 (No. 155)
Articles 4 and
8 of the Convention. National OSH policy. Laws or regulations giving effect
to the national OSH policy.
Article 5(b) of the
Convention. Adaptation to workers’ capacities.
Articles 5(e) and 13.
Protection of workers from disciplinary measures and undue consequences.
Article
12. Responsibilities of those who design, manufacture, import, provide or
transfer machinery, equipment and substances for occupational use.
2. Safety and Health in
Mines Convention, 1995 (No. 176)
Article 3 of the Convention. National
policy on occupational safety and health in mining.
Articles 5(1) and
16. Competent authority to monitor OSH in mining, and inspection.
Article 5(2)(e). Power of the
competent authority to suspend or restrict mining activities on safety and
health grounds.
Article 5(4)(b).
Obligation to provide and maintain adequate self-rescue respiratory devices.
Article 5(4)(c). Abandoned
mines.
Article 5(5). Plans of workings.
Article
7(c). Measures to maintain ground stability.
Article 7(i). Stopping
operations and evacuation of workers to a safe location.
Article 10(b). Supervision and
control at each shift.
Article
10(c). Measures and procedures to establish a recording system of the names
and probable location of all persons who are underground.
Article 12. Responsibilities of
the employer in charge of the mine when two or more employers undertake
activities at the same mine.
Article 13(1)(a), (b), (e) and
(f), (2)(c), (d) and (f), (3) and (4). Rights of workers and their
representatives.
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Repetition
Articles 1(1)(b) and 2(1) and (4), of the Convention. Temporary work
agencies. Prohibitions and exclusions. The Committee notes the Government’s
first report indicating that all private employment agencies (PEAs) are required
to comply with National Standard MNS 6620:2016. While national and international
actors offer services to foreign companies by serving as the employer of record
and supplying local employment contracts for staff hired by these actors,
ensuring that local statutory requirements are met in relation to matters such
as termination, probation periods, leave entitlements and statutory benefits,
the Committee notes that the Employment Promotion Law does not address
situations in which PEAs employ workers (“temporary work agencies”) with a view
to making them available to a third party, that is, a “user enterprise”.
Furthermore, it is unclear whether the Mongolian National Union for Agricultural
Cooperatives, which sends agricultural labour abroad, is acting as an employment
agency in the sense of Article 1(1)(b).
Articles 1(1)(c) and 5(2). Other services offered by private employment
agencies. Targeted programmes. The Committee notes that, pursuant to
section 10.2 of the Employment Promotion Law, PEAs and non-governmental
organizations may provide services providing preparation for employment, support
and assistance on a contractual basis. The Government reports that, on the basis
of National Standard MNS 6620:2016, six employment promotion programmes have
been approved to date by the tripartite National Employment Council. The
programmes seek to place unemployed individuals and those with disabilities in
permanent as well as temporary jobs, coordinate and deliver training activities.
The programmes are to be implemented by PEAs and include training and capacity
building for employment, workplace promotion, youth employment support and
start-up promotion, herders’ employment promotion as well as promotion of
employment for persons with disabilities.
Article 3. Legal status and conditions of operation. The Government
indicates that, based on National Standard MNS 6620:2016, PEAs must obtain a
“special permit” from the General Agency for Labor and Social Services
authorizing them to conduct employment service activities. This special permit
enables PEAs to receive State funding in exchange for delivering employment
services to the public. The Committee further notes that the nature of the
“mediation permit” issued under section 6.1 of the Law on Sending Labour Force
Abroad and Receiving Labour Force and Specialists from Abroad, is not specified.
Moreover, the Government has provided no information regarding the regulation of
temporary work agencies operating solely at the national level.
Article 4. Freedom of association and collective bargaining. The Committee
notes that the Government has not provided information on whether and to what
extent Labour Code provisions regarding the applicability of collective
agreements and trade union rights apply to workers made available to user
enterprises in the sense of Article 1(1)(b).
Article 5. Equality of opportunity and treatment. The Committee recalls its
2017 comments with regard to Mongolia’s implementation of the Discrimination
(Employment and Occupation) Convention, 1958 (No. 111), noting that gender-based
discrimination remained prevalent in practice, despite the adoption in 2008,
almost a decade before, of amendments to the Mongolian Labour Code aimed at
preventing the exclusion of women from a wide range of occupations.
Article 6. Processing of workers’ personal data. The Committee notes the
information provided by the Government concerning the processing of jobseekers’
personal data, which is conducted based on template for registering an
individual’s information into an integrated employment database.
Article 7. Fee-charging. The Government indicates that, under section 6.5
of the Employment Promotion Law, employment promotion services shall be
delivered free of charge. It adds that no special treatment or exceptions have
been made in this respect. The Committee notes that section 9.4 of the
Employment Promotion Law, which refers to Mongolian “citizens”, could be
interpreted as permitting PEAs to charge fees to non-Mongolian jobseekers.
Article 8. Migrant workers. The Government reports that the Ministry of
Labour and Social Welfare is working on a reform of the Law on Sending Labour
Force abroad and Receiving Foreign Expert and Labour Force, with a view to
strengthening rights and protection for migrant workers, both Mongolian citizens
working abroad and foreign workers employed in Mongolia. The Committee notes
that, in 2008, some 20 PEAs were authorized to export labour abroad. The
Committee also notes that since 2003, the Mongolian National Union for
Agricultural Cooperatives has been sending agricultural labour abroad, mainly to
the Republic of Korea, the Czech Republic, Hungary and Japan. It also notes that
as of 2008, Mongolia had concluded bilateral agreements with the Republic of
Korea (2004), Chinese Taipei (2001), the Czech Republic (1999) and Japan (1998).
Article 9. Measures ensuring that child labour is not used or supplied. The
Committee refers to its previous comments in regard to the implementation of the
Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour
Convention, 1999 (No. 182), particularly in regard to the international
trafficking and forced commercial exploitation of girls.
Article 10. Adequate complaint machineries and procedures. The Government
indicates that, in addition to the monitoring of compliance in the areas of
labour law and social protection by the Department of Monitoring, Evaluation and
Internal Audit of the Ministry of Labour and Social Protection, a working group
consisting, inter alia, of representatives of the Ministry and private
organizations was established to inspect, evaluate and audit PEAs.
Articles 11 and 12. Ensuring adequate protection for workers. Allocation of
responsibilities between PEAs and user enterprises. The Government’s report
refers to the general responsibilities of employers set out in section 6.1 of
the Labour Code. The Committee notes that section 6.1 does not address the
protection of employees employed by temporary work agencies, as it does it take
into account the special characteristics of “triangular” employment
relationships.
Article 13. Effective cooperation between the public employment service and
PEAs. The Committee notes that section 9.2 of the Employment Promotion Law
provides for PEAs to be linked to the integrated employment database based on
the conclusions of the Central Job Placement Office. Section 30.1.3 of the
Employment Promotion Law permits the State Central Administrative Organization
in Charge of Labour Matters to obtain from non-governmental organizations and
business entities information, analyses and estimates concerning the labour
market.
Article 14. Inspections.
Application of the Convention.
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Impact of the COVID-19 pandemic.
Article I of the Convention. General questions on application. Implementing
measures.
Article II, paragraph 1(f) and 2. Definitions and scope of application.
Seafarers.
Article VII. Consultations.
Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age.
Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work.
Regulation 1.2 and the Code. Medical certificate.
Regulation 1.4 and the Code. Recruitment and placement.
Regulation 2.1 and the Code. Seafarers’ employment agreements.
Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and Standard A2.2,
paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of
acts of piracy or armed robbery against ships.
Regulation 2.2 and Standard A2.2, paragraphs 3, 4 and 5. Wages. Allotments.
Regulation 2.3 and Standard A2.3, paragraphs 5, 6 and 13. Hours of work and
hours of rest. Division of hours of rest.
Regulation 2.3 and Standard A2.3, paragraph 14. Hours of work and hours of
rest. Immediate safety and distress at sea.
Regulation 2.4 and Standard A2.4, paragraphs 1 and 2. Entitlement to leave.
Regulation 2.4 and Standard A2.4, paragraph 3. Entitlement to leave.
Prohibition of agreements to forgo annual leave.
Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2 (a). Repatriation.
Circumstances.
Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum
period of service on board.
Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements.
Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of
advance payment and to recover costs from seafarers.
Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security.
Regulation 2.6 and Standard A2.6, paragraph 1. Compensation for the ship’s loss
or foundering. Unemployment indemnity. Noting the Government’s indication that
Regulation 2.6
Regulation 3.1 and the Code. Accommodation and recreational facilities.
Regulation 3.2 and the Code. Food and catering.
Regulation 4.1 and the Code. Medical care on board and ashore.
Regulation 4.2 and the Code. Shipowners’ liability.
Regulation 4.2 and Standard A4.2.1, paragraph 7. Shipowners’ liability.
Safeguarding of property left on board.
Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2.
Shipowners’ liability. Financial security.
Regulation 4.3 and the Code. Health and safety protection and accident
prevention.
Regulation 4.5 and the Code. Social security.
Regulation 5.1.1 and the Code. Flag State responsibilities. General principles.
Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of
recognized organizations.
Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime Labour
Certificate and the Declaration of Maritime Labour Compliance.
Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and
enforcement.
Regulation 5.1.5 and Standard A5.1.5. Flag State responsibilities. On-board
complaint procedures.
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Articles 1 and 2 of the Convention. Structure and functioning of the free
public employment service.
Articles 3(2) and 6. Establishment and organisation of national employment
offices. Collection and analysis of information on the employment market.
Articles 4 and 5. Consultation with social partners.
Article 6(b). Activities of the employment service. Labour mobility and
migration.
Articles 7 and 8. Particular categories of applicants for employment. Special
arrangements for young workers.
Articles 9 and 11. Training of employment service staff. Cooperation between
public employment service and private employment agencies.
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Articles 1 and 2 of the Convention. Employment trends, implementation of an
active employment policy and measures to address the COVID-19 pandemic.
Vocational training and education.
Employment services. Collection and use of employment data.
Small and medium-sized enterprises.
Specific categories of workers.
Article 3. Consultation with the social partners.
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Articles 2 and 3 of the Convention. National policy on vocational
rehabilitation and employment of persons with disabilities. Consultations of the
relevant organizations.
Articles 7 and 8. Vocational rehabilitation and employment services. Access to
services in rural areas and remote communities.
Article 9. Training of suitably qualified staff.
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Article 3 of the Convention. National policy on occupational safety and health
in mining.
Articles 5(1) and 16. Competent authority to monitor OSH in mining and
inspection.
Article 5(2)(e). Power of the competent authority to suspend or restrict mining
activities on safety and health grounds.
Article 5(4)(b). Obligation to provide and maintain adequate self-rescue
respiratory devices.
Article 5(4)(c). Abandoned mines.
Article 5(5). Plans of working.
Article 7(c). Measures to maintain ground stability.
Article 7(i). Stopping operations and evacuation of workers to a safe location.
Article 10(b). Supervision and control at each shift.
Article 10(c). Measures and procedures to establish a recording system of the
names and probable location of all persons who are underground.
Article 12. Responsibilities of the employer in charge of the mine when two or
more employers undertake activities at the same mine.
Article 13(1)(a), (b), (e) and (f), 13(2)(c), (d), (e) and (f), 13(3) and
13(4). Rights of workers and their representatives.
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Articles 1(1) and 2(1) of the Convention. Freedom of career members of the
armed forces to leave their service.
Article 2(2)(a). Use of services exacted under compulsory military service
laws.
Article 2(2)(c).
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Articles 1(1), 2(1) and 25 of the Convention.
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Article 1(a) of the Convention. Imposition of penal sanctions involving
compulsory labour as a punishment for expressing political views or views
ideologically opposed to the established political, social or economic system.
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Article 1 of the Convention. National policy and application of the Convention in practice.
Article 2(1). Scope of application. Informal economy.
Article 2(3). Age of completion of compulsory schooling.
Article 7(1) and (3). Light work and determination of light work activities.
Article 8. Artistic performances.
Article 9(1). Penalties.
Article 9(3). Keeping of registers.
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Article 5 of the Convention. Effective tripartite consultations.
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Article 3 of the Convention. Worst forms of child labour. Clause (b). Use,
procuring or offering of a child for the production of pornography or for
pornographic performances.
Clause (c). Use, procuring or offering of a child for illicit activities.
Articles 6 and 7(2)(a) and (b). Programmes of action and effective time-bound
measures for prevention, assistance and removal. Child trafficking.
Article 7(1). Penalties and court decisions. Trafficking of children.
Article 7(2). Clause (d). Identifying and reaching out to children at special
risk.
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Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution.
Clause (d). Hazardous work. Horse jockeys.
Article 7(2). Clause (a). Effective and time-bound measures. Preventing the engagement of children in the worst forms of child labour. Access to free basic education.