Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

Articles 1, 2 and 3(c) of the Convention. Legislative developments. New Labour Law. The Committee notes that the new Labour Law was adopted on 2 June 2021 and will enter into force on 1 January 2022. The Committee notes with satisfaction that the Labour Law: (1) defines and prohibits both direct and indirect discrimination; (2) limits the exceptions to discrimination to the inherent requirements of the work or duty performed and special protective measures; (3) broadens significantly the list of prohibited grounds of discrimination, including “political opinion” and many additional grounds such as “ethnicity”, “language”, “age”, “marital status”, “trade union membership”, “health status”, “pregnancy or childbirth”, “sexual orientation”, “sexual expression”, “disability” and “appearance”; (4) removes the provisions that allowed for the adoption of a general prohibition on the employment of women in specified jobs; (5) extends rights to fathers of children under 3 years of age, including the right to parental leave; (6) defines and prohibits sexual harassment and includes provisions regarding awareness-raising, prevention and the resolution of complaints; and (7) introduces provisions regarding violence and harassment “in employment and labour relations”. Emphasizing the importance of these significant positive legislative developments, the Committee asks the Government to take steps to ensure the wide dissemination of the new Labour Law across the country and raise awareness concerning the practical application of the new provisions regarding non-discrimination, workers with family responsibilities, violence, harassment and sexual harassment for workers, employers and their respective organizations, as well as labour inspectors and officials and judges.

Article 1(2). Inherent requirements of the job. Legislation. The Committee recalls that the provisions of the Law on Promotion of Gender Equality of 2011 (LPGE) regarding exceptions to gender discrimination are overly broad in permitting sex-based distinctions (in particular sections 6.5.1, 6.5.2 and 6.5.6) and go beyond what is permitted under Article 1(2) regarding inherent requirements of a particular job. With reference to the above, the Committee notes that in the new Labour Law the exceptions to discrimination are limited to the inherent requirements of the work or duty performed and special protective measures (sections 6.3.1 and 6.3.2). Welcoming this development, the Committee once again urges the Government to review sections 6.5.1, 6.5.2 and 6.5.6 of the Law on Promotion of Gender Equality in order to ensure that they do not in practice deny men and women equality of opportunity and treatment in respect of their employment, and that they are consistent with the provisions of the Labour Law in this respect.

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