Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Equal Remuneration Convention, 1951 (No. 100) - Mongolia (Ratification: 1969)

Previous comments (observation and direct request)

Article 1(a) of the Convention. Definition of remuneration. Legislation. Noting the absence of a reply from the Government on this point, the Committee again asks the Government to indicate whether the definition of “salary” in section 101.1 of the Labour Law encompasses all the elements of remuneration, as defined in Article 1(a) of the Convention, and also applies to the additional emoluments payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment (such as travel and accommodation allowances, company car, protective clothes, etc.).

Article 2(2)(b). Minimum wages. In light of the persistent occupational gender segregation, the Committee asks the Government to provide information, disaggregated by sex, on the measures taken to ensure that sectoral or intersectoral collective agreements which set sector-specific minimum wages above the national minimum wage, as provided for in section 107 of the Labour Law, do not undervalue jobs predominantly occupied by women relative to those occupied by men.

Article 3. Objective job evaluation. The Committee notes with interest the Government’s indication, in its report, that the Tripartite National Committee for Labour and Social Partnership approved: (1) the “Method for implementing the principle of equal remuneration for employees performing work and duties of equal value” by Resolution No. 02 of 2022; and (2) the “Wage Determination” method by Resolution No. 06 of 2022. The Government states that pursuant to these methods, which can be used by all types of enterprises and organizations, the value of jobs will be determined on the basis of job evaluation in order to compare jobs of the same value but that are different in terms of content, and thus create an optimal wage structure and a fair wage system. Welcoming these initiatives, the Committee asks the Government to provide information on: (i) the criteria used in the abovementioned methods to determine the relative value of jobs for the purpose of comparison; (ii) the measures taken, including in collaboration with the employers’ and workers’ organizations, to raise awareness of and promote the use of available tools that assist employers in developing objective job evaluation systems and determining rates of remuneration; and (iii) the results of any job evaluation exercises carried out by employers.

Awareness raising and enforcement. The Committee welcomes the Government’s indication that several awareness raising and training activities were implemented to raise public awareness and provide clarifications on the Labour Law as revised in 2021, and the principle of the Convention, including with the assistance of the ILO. It notes with interest the Government’s indication that, by order No. A/54 of 27 April 2023 of the Minister of Labour and Social Protection, the checklist for supervising the implementation of the Labour Law was newly approved, and it is now possible to check the implementation of section 102.1.1 of the Labour Law which reflects the principle of the Convention (inspection sheet 07.1.1). The Committee asks the Government to provide information on: (i) any awareness raising and training activities undertaken on the principle of equal remuneration for men and women for work of equal value among workers, employers and their respective organizations, including on the procedures and remedies available; (ii) any measures taken or envisaged to strengthen the capacity of labour inspectors and other law enforcement authorities to prevent, detect and address violations of the principle of the Convention; and (iii) the number, nature and outcome of complaints for unequal remuneration dealt with by the labour inspectors, the National Human Rights Commission, the courts or any other competent authorities.