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

Minimum Age (Underground Work) Convention, 1965 (No. 123) - Mongolia (Ratification: 1981)

Article 2 of the Convention. Prohibition of underground work for persons under the specified minimum age. The Committee recalls its previous comments which highlighted that the ratification of the Minimum Age Convention, 1973 (No. 138), by a State party to Convention No. 123, ipso jure, involves the immediate denunciation of the latter if the State accepts the obligations of Convention No. 138 and either, in accordance with Article 2 of that Convention, specifies a minimum age of not less than the age specified in pursuance of Convention No. 123, namely 18 years, or specifies that such an age applies to employment underground in mines in virtue of Article 3 of Convention No. 138. It accordingly drew the Government’s attention to the fact that a formal declaration, specifying that Article 3 of Convention No. 138 applies to underground work, would result in the denunciation with immediate effect of Convention No. 123.

The Committee further noted the Government’s indication that a tripartite working group on developing a new Labour Code had been established, and that a first draft had been prepared. The Government stated that the new provisions would aim to comply with the standards of the Convention and that the revised text would be submitted to Parliament.

The Committee notes the Government’s indication, in its report, that the draft new Labour Code was submitted for approval in September 2017 and that it is currently awaiting to be adopted. The Committee welcomes the Government’s efforts to improve its labour legislation in line with the provisions of the Convention and requests that the Government submits the text of the new Labour Code once it has been adopted. Moreover, noting the Government’s statement that Article 3 of Convention No. 138 applies to underground work, the Committee once again invites the Government to issue a declaration, addressed to the Director-General of the International Labour Office for registration, indicating that Article 3 of Convention No. 138 applies to underground work, thereby resulting in the denunciation of Convention No. 123, and to provide information on any steps taken or envisaged in this respect.