Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Abolition of Forced Labour Convention, 1957 (No. 105) - Mongolia (Ratification: 2005)

Article 1(d) of the Convention. Sanctions involving compulsory labour as a punishment for participation in strikes. The Committee previously noted that, under section 123 of the Labour Law a strike may be declared unlawful if it is held in violation of sections 119.1(which describes the cases in which a strike may be called) and 123.3 (where a strike is not relevant to the matters regulated by the collective agreement) of the Labour Law. The Committee requested the Government to indicate the kind of sanctions that may be applied for participation in such strikes.

The Committee notes the Government’s indication that the possible sanction for violating provisions related to strikes is only the imposition of a fine and not imprisonment or order to work. By virtue of section 141.1.10 if a citizen or an official has participated as a third party in negotiations of collective contracts and agreements, organising of the strike, temporary lock-out of the working place, or in the exchange by the parties of their opinions on disagreements and making a free choice, the judge shall fine that citizen or official as well as a business entity or organization. Section 141.14 also provides that if a citizen or an official has violated subsection 141.1.6 of this law and organized the strike at institutions where a strike is prohibited the judge shall fine that citizen or an official as well as a business entity or organization. The Government further adds that the labour law does not have other penalties apart from the imposition of fines by the court. Section 123.1.16 provides that “Judge to impose a penalty equal to 50 to 99 times the minimum wage, if the accused demand employees to participate, continue, refuse or terminate the strike in cases not specified in the law”. Thus, the Committee notes that workers who go on an illegal strike will not be liable to a penalty involving compulsory labour.

Supply of legislation. The Committee notes that the Government did not provide the requested legislation. In order to enable the Committee to fully examine the application of the Convention, it reiterates its request to the Government to supply with its next report copies of the legislation in force in the following fields: laws governing the press and other media; laws governing political parties and associations; and laws governing assemblies, meetings and demonstrations.