Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Equal Remuneration Convention, 1951 (No. 100) - Mongolia (Ratification: 1969)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Occupational segregation and gender pay gap. The Committee noted in its previous comments regarding the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Government’s indication that while women have been successful in taking advantage of educational opportunities, there was a gap in terms of their participation in the highest paid sectors, and they were less likely to be in managerial positions despite higher levels of educational attainment. The Committee also notes the Government’s acknowledgement in the report submitted under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), that some laws have provisions which are implicitly discriminatory in nature, which may restrict opportunities for women to work and receive higher pay (CEDAW/C/MNG/7, 12 April 2007, page 8). With regard to the gender pay gap, the Committee notes from the 2010 statistics from the National Statistical Office of Mongolia that women earn 85.5 per cent of the average monthly wage of men. It also notes from ILO statistical information for 2008 the persistent gender pay gap in sectors such as manufacturing (28.7 per cent) mining and quarrying (21.1 per cent), transport, storage and communications (19.7 per cent), financial intermediation (19.5 per cent) and health and social work (18.5 per cent); as well as the predominance of women in lower paying sectors such as agriculture and wholesale and retail trade. The Committee stresses that occupational segregation of women into lower paying jobs or positions is one of the main causes of pay differentials between men and women. The Committee further notes from the Government’s report that the Millennium Development Goals-Based Comprehensive National Development Strategy of Mongolia (2007) has been approved by the Resolution No. 12 of the Parliament. The Committee asks the Government to provide information on the practical steps taken or envisaged to address occupational segregation and the gender pay gap. It also asks the Government to indicate how the Millennium Development Goals-Based Comprehensive National Development Strategy has been implemented to address the principle of equal remuneration for men and women for work of equal value, and to provide women with a wider range of employment opportunities, including in the higher paid sectors and at managerial and decision-making levels.

Articles 2 and 4 of the Convention. Collective agreements and the role of the social partners. The Committee notes the Government’s indication that the social partners have been working jointly on matters relating to the development of the National Tripartite Committee on Labour and Social Consensus (NTCLSC), remuneration through collective agreement, and the development of the “state policy on remuneration”. It also notes from the Government’s report that the social partners intend to reflect the issue of the “same compensation for the same work performed” in the National Tripartite Agreement and the “state policy on remuneration”. While noting these activities undertaken with the social partners, the Committee recalls the importance of promoting and ensuring the principle of equal remuneration for men and women for work of equal value which includes not only equal remuneration for the “same” work but also encompasses work that is of an entirely different nature. Furthermore, the Committee notes the observations of the Confederation of Mongolian Trade Unions (CMTU), which are incorporated in the Government’s report, regarding the difficulty in reflecting the principle of equal remuneration for men and women in the present collective agreement and bargaining process since section 8 of the Labour Law of 14 May 1999 does not contain any reference to the principle. The Committee asks the Government to provide more specific information on how the principle of the Convention is promoted through collective agreements and tripartite agreements, and to provide in this regard a summary of provisions addressing the issue, as well as information on the measures taken or envisaged to foster the application of the principle of the Convention in the context of collective bargaining. The Committee also asks the Government to indicate how the “state policy on remuneration” promotes the principle of equal remuneration for men and women for work of equal value.

Article 2(2)(b). Minimum wages. The Committee notes that the new draft of the Minimum Wage Law was approved by Parliament on 16 April 2010 and entered into force as of 1 January 2011. The Committee also notes the Government’s indication that the national minimum wage rates which are adjusted every year by the NTCLSC do not distinguish between men and women. The Committee notes from the Government’s report that minimum wage rates can be increased by sectoral agreement. The Committee asks the Government to provide specific information on the measures taken to ensure that jobs predominantly undertaken by women are not being undervalued in comparison with those undertaken by men when minimum wage rates are set and increased.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that job performance of public servants is analysed by job assessment based on the content of the main and specific job or post. The Committee notes that the Government seems to continue to refer to the use of a performance appraisal system, and once again recalls that, unlike performance appraisals, objective job evaluation methods aim to evaluate the job and not the individual worker. In this connection, the Committee refers the Government to its 2006 general observation on this Convention in which the Committee pointed out that “in order to establish whether different jobs are of an equal value, there has to be an examination of the respective tasks involved, based on entirely objective and non-discriminatory criteria. ... While the Convention does not prescribe any specific method for such an examination, it does presuppose the use of appropriate techniques for objective job evaluation (Article 3)”. The Committee further notes that the recommendation of the NTCLSC on remuneration in economic entities and organizations provides for a policy element on equality of compensation. The Committee asks the Government to provide further information on the application of the practical approaches and methods used for the objective evaluation of jobs in the public and the private sectors; and on measures taken or envisaged to ensure that the principle of equal remuneration for men and women for work of equal value is fully reflected when applying the recommendation of the NTCLSC on remuneration in economic entities and organizations.

Parts III and IV of the report form. Enforcement. The Committee once again notes that no court decisions have addressed the principle of the Convention and that no violations have been detected by the labour inspectors. The Committee also notes the observations of the CMTU indicating that the lack of complaints is due to the lack of knowledge, information and promotional activities among the employees on the issue. The Committee further notes from the Government’s report that the “Programme of the labour inspection reform” has been implemented since 2010. Several activities should be undertaken under the Programme, including training and seminars organized with a view to improving skills and knowledge of the labour inspectors. The Committee encourages the Government to ensure that the training provided to labour inspectors addresses the principle of the Convention and assists them in identifying and addressing cases of unequal pay for work of equal value. Please also provide information on any steps taken or envisaged to promote better application of the principle of the Convention, including through providing training to judges, lawyers, relevant government officials and the social partners. Please also provide information on the number, nature and outcome of complaints related to the principle of equal remuneration for men and women for work of equal value addressed by judicial and administrative bodies.

Statistics. The Committee asks the Government to provide detailed and updated statistical information on wage levels for men and women by sector, economic activity and occupation on both the public and the private sectors.