Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Minimum Age (Underground Work) Convention, 1965 (No. 123) - Mongolia (Ratification: 1981)

Article 2 of the Convention. Prohibition of underground work for persons under the specified minimum age. The Committee recalls its previous comments which highlighted that the ratification of the Minimum Age Convention, 1973 (No. 138), by a State party to Convention No. 123, ipso jure, involves the immediate denunciation of the latter if the State accepts the obligations of Convention No. 138 and either, in accordance with Article 2 of that Convention, specifies a minimum age of not less than the age specified in pursuance of Convention No. 123, namely 18 years, or specifies that such an age applies to employment underground in mines in virtue of Article 3 of Convention No. 138. It accordingly drew the Government’s attention to the fact that a formal declaration, specifying that Article 3 of Convention No. 138 applies to underground work, would result in the denunciation with immediate effect of Convention No. 123.

The Committee notes the Government’s latest report which indicates that a tripartite working group on developing a new Labour Code had been established under Resolution No. a/71 of the Ministry of Labour as from 6 December 2012, and that a first draft had been prepared. The Government states that the new provisions will aim to comply with the standards of the Convention and that the revised text is planned to be submitted to Parliament in 2014. The Committee welcomes the Government’s efforts to improve its labour legislation in line with the provisions of the Convention and requests the Government to submit the text of the new Labour Code once it has been finalized. Moreover, noting the absence of any new information on the matter, the Committee again invites the Government to consider the possibility of issuing a declaration indicating that Article 3 of Convention No. 138 applies to underground work, thereby resulting in the denunciation of Convention No. 123, and to provide information on any steps taken or envisaged in this respect.