Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Employment Policy Convention, 1964 (No. 122) - Mongolia (Ratification: 1976)

Articles 1, 2 and 3 of the Convention. Implementation of an active employment policy. Consultation with the social partners. The Committee notes the brief report provided by the Government in November 2010 and the information submitted by the Mongolian Employers Federation (MONEF) and the Confederation of Mongolian Trade Unions (CMTU). The Committee also notes that Mongolia is one of the countries assisted by the ILO in designing and implementing their crisis response policies through the framework provided by the Global Jobs Pact, which was adopted in June 2009. The Government reports that the population of Mongolia was 2,683,500 at the end of 2009; and in 2010, the unemployment rate was 3.7 per cent, the same level as in 2009. The Government indicates that the Employment Promotion Law was revised in 2010. This revision brought on the adherence of principles which include: (i) to improve the participation of public and private organizations and responsibilities of local and administrative and employment promotion organizations; (ii) to decentralize; (iii) to improve budget allocation for employment promotion and its effectiveness; (iv) to renew the coordination mechanism of employment promotion in meeting with local features and needs; (v) to identify the scope of employment promotion; and (vi) to conduct its activities to the targeted groups who needed support from the Government. Two new mega-mines will be operational in the south of the country in 2013 which will have a significant impact on the economy of Mongolia. The Committee notes the comments submitted by MONEF indicating that the Government did not allow the National Employment Council to discuss the legislative revisions and did not take into account comments from stakeholders. MONEF also raised some concerns that some tripartite bodies had not yet been established, such as subcommittees on employment in the mining, construction, and transport sectors, as well as at the aimag and district level. Furthermore, MONEF indicates that the centralization of the labour and social welfare services has had a negative impact on the quality of the activities and employment services, such as covering all the vulnerable target group of jobseekers; therefore, MONEF indicates that there is a need for decentralization and raising private sector responsibilities for the implementation of employment services and projects. MONEF expressed the view that it is very important for the Government to support employers in times of economic crisis, increased international competitiveness and costs. The Committee asks the Government to provide information in its next report on the extent to which active labour market policies are coordinated so as to effectively translate into productive employment creation. In this regard, the Government is requested to include information on the results of the implementation of the Employment Promotion Law and on the potential employment impact of the increase in activity in the mining industry. The Committee also requests the Government to report on the activities of the National Employment Council and other tripartite bodies in respect of employment policies and the steps taken to ensure that the views of representatives of social partners (including representatives of the rural sector and the informal economy) are fully taken into account for the purposes of formulating and enlisting support for employment policies.

Vocational training and education. The Government reports that the Law on Vocational Education and Training was adopted in February 2010. The Government also indicates that section 20 of the Employment Promotion Law provides that the National Employment Council acts as a social partnership institution which will ensure equal participation of the public and private sectors for the implementation of state policy on vocational education and training. The Committee notes that the number of persons involved in vocational training reached 10,128 in 2010, compared to 9,753 in 2008, and 11,233 in 2009. The Committee asks the Government to provide information in its next report on the impact of policies and measures implemented to improve skill levels and coordinate education and training policies with employment opportunities.

Employment services. The Government indicates that 39,842 jobseekers registered in labour exchange services offices in 2010, compound to 31,925 in 2008 and 39,212 in 2009. The CMTU indicates that 21.5 billion tugriks were disbursed by the Employment Promotion Fund in 2009 on different activities in which 285,000 persons participated. The Committee asks the Government to continue to provide information on the activities of the employment services, and how they contribute towards implementing active labour market policies.

Youth employment. The Committee refers to its previous observation noting that a draft National Plan on Youth Employment for 2008–15 was formulated with a view to promoting school-to-work transition and to support the employment of young persons. The Committee once again asks the Government to provide information on the measures taken to implement the National Plan on Youth Employment, and to report on the effects of such measures on increasing the access of young people to sustainable employment.

Persons with disabilities. The Committee notes from the Global Jobs Pact Scan that special employment support measures and services are provided for persons with disabilities under the Employment Promotion Fund, in addition to the training and job placement support provided as a regular service for all persons in need. The main support measure is the cash support to promote the creation of micro-enterprises by persons with disabilities based on invitations to tender. Funding for this measure more than doubled in 2010, supporting over 300 micro-projects. The Committee asks the Government to continue to provide information on the results of measures taken to address the employment needs of persons with disabilities.

Herders. The Committee notes from the Global Jobs Pact Scan that measures were undertaken in 2009 for herders to redress cash deficits and loan defaults. The Committee also notes that the Herders’ Employment Promotion Programme, approved in 2010, is resourced by the Employment Promotion Fund and delivered through business incubation centres in selected aimags. The Government is invited to continue to provide further information on the Herders’ Employment Promotion Programme and other measures taken to address the particular needs of herders.

Workers in the informal economy. The Committee notes from the Global Jobs Pact Scan that the first action plan to implement the National Policy on Informal Employment covered the period 2006–08 and had limited results. A national review of the informal economy was organized by the Ministry of Social Welfare and Labour in June 2010, leading to the adoption of an action plan for the informal economy for the period of 2010–12. Several NGOs have established the United Confederation of the Informal Economy, providing some level of organization for informal workers. The new Confederation will, however, need capacity building to implement its mandate. The Committee once again asks the Government to include information in its next report on the implementation of measures to enable the progressive transfer of workers from the informal economy to the formal economy, and any measures to promote complementary relationships between the formal and informal economy and to provide greater access of undertakings in the informal sector to resources, product markets, credit, infrastructure, training facilities, technical expertise and improved technologies (Part V of the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169)).

Migrant workers seeking employment abroad. The Committee notes from the Global Jobs Pact Scan that the Ministry of Social Welfare and Labour is working on a new draft Law on sending workers abroad and receiving foreign workers. The Committee invites the Government to include information in its next report on the implementation of the new legislation including relevant information on programmes implemented in the field of labour migration policy.