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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Mongolia (Ratification: 1969)

Article 1 of the Convention. Legislative developments. The Committee notes that the new draft Labour Law is currently under elaboration and that it addresses many of the issues raised by the Committee, including the exclusion of women from certain occupations, restrictions relating to the inherent requirements of the job, the protection of workers with family responsibilities and protection against sexual harassment. The Committee hopes that the new Labour Law will soon be adopted and that it will take into account the Committee’s comments and will be in conformity with the Convention.

Exclusion of women from certain occupations. The Committee recalls its previous comments concerning the exclusion of women from a wide range of occupations under section 101.1 of the Labour Law of 1999 and Order No. A/204 of 1999. In this respect, the Committee notes the Government’s indication that Order No. A/204 of 1999 was annulled by Order No. 107 of 2008 and that the Ministry of Labour and Social Welfare decided, following some studies carried out in order to renew the list of prohibited jobs, that it was not necessary to proceed to such renewal or to adopt a list of prohibited jobs for women. The Government also indicates that under the new draft Labour Law women can only be excluded from certain occupations for reasons of maternity protection. The Committee requests the Government to ensure that the new Labour Law strictly limits the exclusion of women from certain occupations to measures aimed at protecting maternity.

Inherent requirements. The Committee referred in its previous comments to section 6.5.6 of the Law on Promotion of Gender Equality (LPGE) of 2011, which allows for sex-specific job recruitment “based on a specific nature of some workplaces such as in pre-school education institutions”. The Committee also noted that the scope of other provisions of the LPGE may be overly broad in permitting sex-based distinctions, such as in the “provision of health, educational and other services designed to cater for the specific needs of one particular sex” (section 6.5.1) and in respect of employment in specific “workplace facilities” (section 6.5.2). The Committee notes that the definition of inherent requirements in the new Draft Labour Law no longer refers to the limitations set out in the LPGE. The Committee requests the Government to take the necessary measures to ensure that any limitations on protection against discrimination in recruitment are strictly related to the inherent requirements of the particular job, in accordance with Article 1(2) of the Convention. The Committee also asks the Government to review sections 6.5.1, 6.5.2 and 6.5.6 of the LPGE in order to ensure that they do not in practice deny men and women equality of opportunity and treatment in respect of their employment.

The Committee is raising other matters in a request addressed directly to the Government.