Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Mongolia (Ratification: 1969)

The Committee notes the Government’s report.

Article 4 of the Convention. The Committee notes that article 20.4 of the new Labour Code provides in all cases the participation of the public authorities in the collective agreements at national or regional levels, or with respect to an administrative or territorial unit, economic sector or profession. The Committee recalls that under the terms of Article 4, free and voluntary negotiation should be promoted, at all levels, between employers or employers’ and workers’ organizations, without the intervention of the public authorities. The Committee therefore requests the Government to take the necessary measures to amend its legislation in order to bring it into conformity with the principle of the autonomy of the bargaining parties and to keep it informed of any development in this respect.

Articles 4 and 6. The Committee notes that according to the terms of the law on government service it is not clear if public servants enjoy the right to organize and to negotiate their terms and conditions of employment collectively. The Committee therefore asks the Government to inform it in this regard.