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Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Mongolia (Ratification: 1969)

Other comments on C098

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Articles 4 and 6 of the Convention. In its previous comments, the Committee had recalled the importance of protecting the autonomy of the bargaining parties from the intervention of the public authorities in order to ensure free and voluntary negotiation, at all levels, between employers or employers’ organizations and workers’ organizations. The Committee had further recalled that the right to collective bargaining also covered the civil servants who are not engaged in the administration of the State. The Committee had requested the Government to provide information on the progress made in the reform of the labour legislation and its impact on the application of the Convention, and to provide copies of any amending texts once adopted. The Committee notes the Government’s indication that the draft revised Labour Law was submitted for parliamentary approval in September 2017 and that its passage is currently being awaited. It also notes the Government’s indication that the reform of the labour legislation, for which technical assistance was received as part of the ILO project “Sustaining GSP-Plus Status by Strengthened National Capacities to Improve ILS Compliance and Reporting – Mongolia”, will bring the Labour Law into significantly closer alignment with the Convention, particularly by protecting workers’ organizations against any acts of interference or coercion by employers and their representatives. The Committee expects that the revised Labour Law will be adopted without further delay and that it will meet the Convention’s requirements. It requests the Government to provide information on any progress made in this regard.
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