"When the employers' is wealthy, the nation is wealthy"
MONGOLIAN EMPLOYERS' FEDERATION
THE HELPDESK has a purpose:
- to increase your understanding and knowledge of international labor standards;
- to provide information about compliance with the conventions ratified by Mongolia and integration of certain aspects of the international labour standards into some of enterprise’s activities;
- to provide sources of the information;
- to provide practicable orientation to enterprises which lack experience in labour standards.
HELPDESK
International Labour Standards
The International Labour Organization has established and developed a system of international labour standards. Founded in 1919 under the League of Nations. The ILO became the first specialized agency of the United Nations system in 1946. The ILO has 187 member states. Within the UN system the organization has a unique tripartite structure, consisting of the representatives of governments, employers, and workers (Tripartite constituents).
Mongolia became a member of the ILO on May 24, 1968.
International Labour Standards (ILS) are legal instruments, drawn up by the tripartite constituents and adopted at the International Labour Conference (ILC). They are either Conventions (or Protocols), or Recommendations. Conventions may be ratified by ILO Member States and after the ratification Member States commit to applying the Convention.
By the end of November 2024, the ILO had adopted 191 Conventions, 6 Protocols and 208 Recommendations. Please enter to the ILO NORMLEX which is a database containing information on international labor standards by linking normlex.ilo.org.
The ILO Governing Body has identified the following eight Conventions as fundamental, covering subjects that are considered as fundamental principles and rights at work:
- Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87);
- Right to Organise and Collective Bargaining Convention, 1949 (No. 98);
- Forced Labour Convention, 1930 (No. 29);
- Abolition of Forced Labour Convention, 1957 (No. 105);
- Minimum Age Convention, 1973 (No. 138);
- Worst Forms of Child Labour Convention, 1999 (No. 182);
- Equal Remuneration Convention, 1951 (No. 100);
- Discrimination (Employment and Occupation) Convention, 1958 (No. 111);
- Occupational Safety and Health Convention, 1981 (No. 155);
- and Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187).
The ILO Governing Body has also designated the following four Conventions as governanve instruments:
- Labour Inspection Convention, 1947 (No. 81) (and its Protocol of 1995);
- Employment Policy Convention, 1964 (No. 122);
- Labour Inspection (Agriculture) Convention, 1969 (No. 129);
Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).
Conventions ratified by Mongolia
Currently, our country has ratified 21 conventions. Of these, 20 conventions are in force.
Please see the table below for a state of Mongolia’s ratification of the ILO fundamental conventions.
State of the ratification of the ILO fundamental conventions by Mongolia
No | The International Labour Organization’s ten fundamental conventions | Date of ratification by Mongolia |
1 | Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) | June 3, 1969 |
2 | Right to Organise and Collective Bargaining Convention, 1949 (No. 98) | June 3, 1969 |
3 | Forced Labour Convention, 1930 (No. 29) | March 15, 2005 |
4 | Abolition of Forced Labour Convention, 1957 (No. 105) | March 15, 2005 |
5 | Minimum Age Convention, 1973 (No. 138) | December 16, 2002 |
6 | Worst Forms of Child Labour Convention, 1999 (No. 182) | February 26, 2001 |
7 | Equal Remuneration Convention, 1951 (No. 100) | June 3, 1969 |
8 | Discrimination (Employment and Occupation) Convention, 1958 (No. 111) | June 3, 1969 |
9 | Occupational Safety and Health Convention, 1981 (No. 155) | February 3, 1998 |
10 | Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) | Not yet ratified by Mongolia |
Source:
https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11200:0::NO::P11200_COUNTRY_ID:103142
Please see the table below for a state of Mongolia’s ratification of the ILO governance conventions.
State of the ratification of the ILO governance conventions by Mongolia
No | The ILO governance conventions | Date of ratification by Mongolia |
1 | Labour Inspection Convention, 1947 (No. 81) (and its Protocol of 1995) | Not yet ratified by Mongolia |
2 | Employment Policy Convention, 1964 (No. 122) | June 3, 1969 |
3 | Labour Inspection (Agriculture) Convention, 1969 (No. 129) | Not yet ratified by Mongolia |
4 | Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) | August 10, 1998 |
Source:
https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11200:0::NO::P11200_COUNTRY_ID:103142
Please see the table below for a state of Mongolia’s ratification of the ILO technical conventions which are in force.
State of the ratification of the ILO technical conventions by Mongolia
No | ILO technical conventions | Date of ratification by Mongolia |
1 | Employment Service Convention, 1948 (No. 88) | April 17, 2015 |
2 | Maternity Protection Convention, 1952 (No. 103) | June 3, 1969 |
3 | Minimum Age (Underground Work) Convention, 1965 (No. 123) | December 3, 1981 |
4 | Workers’ Representatives Convention, 1971 (No. 135) | October 8, 1996 |
5 | Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) | February 3, 1998 |
6 | Safety and Health in Construction Convention, 1988 (No. 167) | November 5, 2020 |
7 | Safety and Health in Mines Convention, 1995 (No. 176) | November 26, 2015 |
8 | Private Employment Agencies Convention, 1997 (No. 181) | April 17, 2015 |
9 | Maritime Labour Convention, 2006, as amended (MLC, 2006) | September 1, 2015 |
Source:
https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11200:0::NO::P11200_COUNTRY_ID:103142
Using of the International labor standards (ILS)
The ILO conventions ratified by Mongolia are a source of Mongolian international treaties. The ILO conventions shall become effective as domestic legislation upon the entry into force of the laws on their ratification (Paragraph 3 of the Article Ten of the Constitution of Mongolia). Also, in the Paragraph 2.2 of the Article 2 of the Law on labour, there is a provision that ‘If an international treaty to which Mongolia is a party provides other than this law, the former shall prevail.’ Therefore, Mongolia is using the ILS as models for drafting revised labour legislation or drafting a law to amend the law.
In addition, the ILO conventions and recommendations can provide guidance for developing labour and industrial relations and social policies, and for improvement of the labour dispute resolution bodies, labour administration, labour inspection, social security and employment services.
Even if ILS are not taken up by national law, the contents of collective agreements may be inspired by them.
ILS can be a relevant source of practical guidance for business in areas not covered by national law or collective agreements.
Enterprenuers and employers are using the ILS in defining their values, code of conduct and developing corporate governance and social responsibility, and integrating them into own activities.
Following two main ILO documents can serve as guidance for developing corporate governance and social responsibility:
- ILO Declaration on Fundamental Principles and Rights at Work (1998);
(https://www.ilo.org/ilo-declaration-fundamental-principles-and-rights-work)
- Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy.
For more information about:
- International Labour Organization, ilo.org;
- ILO Helpdesk for Business on International Labour Standards
- Handbook of procedures relating to International Labour Conventions and Recommendations, 2019
English:
Mongolian:
- Rules of the Game: An introduction to the standards-related work of the International Labour Organization (Centenary edition 2019)
English:
Mongolian:
- Conventions ratified by Mongolia
English:
https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11200:0::NO::P11200_COUNTRY_ID:103142
Mongolian:
https://legalinfo.mn/mn/law?page=law&cate=29&active=1&sort=title&page=1
https://mlsp.gov.mn/page/detail/2916
https://mfa.gov.mn/олон-улсын-хөдөлмөрийн-байгууллагын
- Reports on application of the ratified conventions, Observations and Direct requests of the Committee of Experts on the Application of Conventions and Recommendations (CEACR), Reports received, Observations made by employers’ and workers’ organizations
English:
https://normlex.ilo.org/dyn/normlex/en/f?p=1000:11110:0::NO:11110:P11110_COUNTRY_ID:103142
https://www.ilo.org/dyn/normlex/en/f?p=1000:14000:0::NO:14000:P14000_COUNTRY_ID:103142
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)
This fundamental convention itself obligates the member states to ensure that workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organization concerned, to join organizations of their own choosing without previous authorisation. The term ‘organization’ used herein related to any organization of workers or of employers for furthering and defending the interests of workers or of employers.
The paragraph 9.2 of the Article 9 of the Law on labour states that ‘The conditions and procedure on exercise of the right to assembly shall be determined by law’. Workers right to assembly determined in 1991 by the Law on trade unions rights. But employers are exercising their right to assembly within the framework of the Law on Non-Governmental Organizations.
According to the paragraph 28.1 of the Article 28 of the Law on labour the employees and officers of the organizations in charge of providing essential services to population, such as defense, national security and social order, shall have the right to assembly and initiation of a collective agreement.
For the authoritative text of this convention visit the following link:
Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
Workers shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment, more particularly in respect of acts calculated to make the employment of a worker subject to the condition that he shall not join a union or shall relinquish trade union membership, and cause the dismissal of or otherwise prejudice a worker by reason of union membership or because of participation in union activities outside working hours or, with the consent of the employer, within working hours.
The Article 3 of this convention states that ‘Machinery appropriate to national conditions shall be established, where necessary, for the purpose of ensuring respect for the right to organize as defined in the preceding Articles’.
Workers’ and employers’ organizations shall enjoy adequate protection against any acts of interference by each other or each other’s agents or members in their establishment, functioning or administration.
The paragraph 11.1 of the Article 11 of the Law on labour defined unfair acts and non-acts in employment and labor relations shall be prohibited to an employer and its representatives, the paragraph 11.2 of this Article defined unfair labor acts and non-acts in employment and labor relations shall be prohibited to an employee and employee’s representatives.
According to the Article 4 of this convention measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilization of machinery for voluntary negotiation between employers or employers’ organizations and workers’ organizations, with a view to the regulation of terms and conditions of employment by means of collective agreements.
Third chapter – Collective bargaining of the Law on labour focuses on promoting the full development and utilization of machinery for voluntary negotiation between employers or employers’ organizations and workers’ organizations.
For the authoritative text of this convention visit the following link:
Forced Labour Convention, 1930 (No. 29)
Forced Labour Convention, 1930 (No. 29)
Enterprises undertake to suppress the use of forced or compulsory labour in all its forms within the shortest possible period. For the purposes of this Convention the term forced or compulsory labour shall mean all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.
The paragraph 2 of the Article 2 of this convention states that the term forced or compulsory labour shall not include following work or servises:
- any work or service exacted in virtue of compulsory military service laws for work of a purely military character;
- any work or service which forms part of the normal civic obligations of the citizens of a fully self-governing country;
- any work or service exacted from any person as a consequence of a conviction in a court of law, provided that the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations;
- any work or service exacted in cases of emergency, that is to say, in the event of war or of a calamity or threatened calamity, such as fire, flood, famine, earthquake, violent epidemic or epizootic diseases, invasion by animal, insect or vegetable pests, and in general any circumstance that would endanger the existence or the well-being of the whole or part of the population;
- minor communal services of a kind which, being performed by the members of the community in the direct interest of the said community, can therefore be considered as normal civic obligations incumbent upon the members of the community, provided that the members of the community or their direct representatives shall have the right to be consulted in regard to the need for such services.
The Article 8 of the Law on labour provides regulations related to the definition of forced labour, exceptions to the definition of forced labour and subject to liabilities specified in the Criminal Code.
Article 13.13 of the Criminal code of Mongolia states that ‘Forced labor with the use of violence or threat of such, coercion of obviously detrimental condition, or subduing others by taking advantages of their wealth, health, disability, notorious family condition or other difficulties shall be punishable by a fine equal to from five thousand four hundred to twenty seven thousand units of amount, or from two hundred and forty to seven hundred and twenty hours of community service, or a penalty of limitation of free travel right for a term from one to five years, or imprisonment for a term from one to five years.’
For the authoritative text of this convention visit the following link:
Abolition of Forced Labour Convention, 1957 (No. 105)
Abolition of Forced Labour Convention, 1957 (No. 105)
According to the Article 1 of this convention our country undertakes to suppress and not to make use of any form of forced or compulsory labour:
- as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system;
- as a method of mobilising and using labour for purposes of economic development;
- as a means of labour discipline;
- as a punishment for having participated in strikes;
- as a means of racial, social, national or religious discrimination.
For the authoritative text of this convention visit the following link:
Minimum Age Convention, 1973 (No. 138)
Minimum Age Convention, 1973 (No. 138)
By ratifying this Convention, our country undertakes to pursue a national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons.
The paragraph 3 of the Article 2 of this convention states that the minimum age specified in pursuance of paragraph 1 of this Article shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years.
The paragraph 1 of the Article 142 of the law on labour states that employment shall be prohibited to a person who is under the age 15, except as provided in Paragraphs 142.3 and 142.5 of this law.
The paragraph 3 of the Article 142 of the law on labour allowed that a person who is 13-15 years old may be employed for performing uncomplicated duties in a workplace that meets occupational safety and health requirements at the consent of his/her legal representative (father, mother, care-taker, guardian) if the job has no adverse impact on his/her health and development and obstruct his/her learning.
Also the paragraph 5 of the Article 142 of the law on labour provided that a person who has not reached 15 may be employed for art and sports performance and commercials if a state child rights inspector authorizes based on the written consent of his/her legal representative (father, mother, care-taker, guardian), hours of work and working conditions.
For the authoritative text of this convention visit the following link:
Worst Forms of Child Labour Convention, 1999 (No. 182)
Worst Forms of Child Labour Convention, 1999 (No. 182)
By ratifying this Convention, our country is obliged to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency.
As stated in the Article 3 of this convention the term the worst forms of child labour comprises:
- all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict;
- the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances;
- the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties;
- work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.
Also, the paragraph 142.2 of the Article 142 of the Law on labour states that employment of minors shall be prohibited for legally barred jobs, for exploitation of child labor and for jobs that are harmful to their intellectual and physical development, life and health or cause adverse impact on their education and ethics, and unfair remuneration, running illegal activities under the name of children, and worst forms of child labor shall be prohibited.
To briefly mention the Appendix to the Order of the Minister of Labour and Social Welfare No. A/122 on June 10, 2022 approved the “List of workplaces where employment of minors is prohibited”.
The complete text of the Appendix can be found here:
https://legalinfo.mn/mn/detail?lawId=16532151428791&showType=1
The Article 16.10 of Chapter Sixteen of the Criminal code of Mongolia regulated following legal repercussions for crimes related to the child forced labor:
- ‘Deliberately forcing a child to prohibited labor that pose a danger, and causing damage to children’s health, physique and mind shall be punishable by a fine equal to from two thousand seven hundred to five thousand four hundred units of amount, or from two hundred forty to seven hundred and twenty hours of community service for community, or a penalty of limitation of free travel right from six months to one year, or imprisonment for a term from six months to one year’.
For the authoritative text of this convention visit the following link:
Equal Remuneration Convention, 1951 (No. 100)
Equal Remuneration Convention, 1951 (No. 100)
According to the paragraph 1 of the Article 2 of this convention our country shall, by means appropriate to the methods in operation for determining rates of remuneration, promote and, in so far as is consistent with such methods, ensure the application to all workers of the principle of equal remuneration for men and women workers for work of equal value.
The Convention uses the following 2 terms:
- the term remunerationincludes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment;
- the term equal remuneration for men and women workers for work of equal valuerefers to rates of remuneration established without discrimination based on sex.
Above mentioned principle may be applied by following means of:
- national laws or regulations;
- legally established or recognised machinery for wage determination;
- collective agreements between employers and workers; or
- a combination of these various means.
The following legal acts, approved in accordance with the Law on labour, shall be used to conclude collective agreements, and to create optimal wage systems:
- ‘A methodology to apply the principle of equal remuneration for employees performing work and duties of equal value’ approved by the annex to the resolution of the National Tripartite Committee on Social Partnership No. 2 on February 10, 2022;
- ‘A methodology for wage determination’ approved by the annex to the resolution of the National Tripartite Committee on Social Partnership No. 6 on February 10, 2022;
- ‘A methodology for work measurement’ approved by the annex to the resolution of the National Tripartite Committee on Social Partnership No. 3 on February 10, 2022;
- ‘A methodology for development of occupational standards’ approved by the annex to the resolution of the National Tripartite Committee on Social Partnership No. 3 on February 10, 2022.
For the authoritative text of this convention visit the following link:
Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
After the ratification of this Convention our country undertakes to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof.
For the purpose of this Convention the term discrimination includes:
- any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation;
- such other distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation as may be determined by the Member concerned after consultation with representative employers’ and workers’ organisations, where such exist, and with other appropriate bodies.
Parties to the Convention are required to set up and align national policies to guarantee equality of treatment and opportunity. This includes strong cooperation with workers’ and employers’ organisations as well as the promotion of educational programmes.
The Article 6 of the Law on labour provided detail regulations on the prohibition of discrimination in employment and labor relations. An employer shall be obliged to ensure discrimination-free conditions in employment and labor relations. The following cases shall not be deemed as discrimination, limitation of rights and setting of privileges:
- distinction, limitations or privileges arisen out of the attributes of a particular job duties;
- special protection measures and support to be provided to employees of some groups specified in this law.
If a person, employee have experience that he / she has been discriminated against in employment and labour relations, shall file a complaint with the management of the business entity or organization, higher level official, relevant non-governmental organization, trade union, labour dispute resolution organization, law enforcement agency, labour inspection body, the National Human Rights Commission of Mongolia, and the court.
Furthermore, the employer is obligated to place the name, address, contact phone number and e-mail address of the organization or official receiving the complaint in a place visible to all employees.
For the authoritative text of this convention visit the following link:
Occupational Safety and Health Convention, 1981 (No. 155)
Occupational Safety and Health Convention, 1981 (No. 155)
According to the Articles 4, 8, 9 and 10 of this convention our country shall:
- in the light of national conditions and practice, and in consultation with the most representative organizations of employers and workers, formulate, implement and periodically review a coherent national policy on occupational safety, occupational health and the working environment;
- take such steps as may be necessary to give effect to Article 4 of this Convention;
- secure the enforcement of laws and regulations concerning occupational safety and health and the working environment by an adequate and appropriate system of inspection;
- take measures to provide guidance to employers and workers so as to help them to comply with legal obligations.
The Articles 16 to 21 of the Convention specify measures to be implemented at the level of enterprises and organizations.
The paragraph 26.2 of the Article 26 of the law on occupational safety and health states that ‘Budget organization shall spend not less than 0.5 percent of costs of product and services, which will be done by state budget to labor safety and hygiene, preventive measures for industrial accidents, acute poisoning and occupational disease and for business entities and organization they shall spend not less than 1.5 percent of production and service costs.’
According to the paragraph 27.1 of the Article 27 of this law directors (owners) and employers of business entities and organizations shall assume responsibilities to ensure of labor safety, improve working conditions, implement legislation and monitor implementation of them.
Employers can introduce an occupational safety and hygiene management system based on the Occupational Safety and Health Act, the International Standard OHSAS 18001:2007, the Mongolian Standard MNS OHSAS 18001:2012 (Occupational safety and health management system. Requirements).
For the authoritative text of this convention visit the following link:
https://normlex.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_INSTRUMENT_ID:312300
Employment Policy Convention, 1964 (No. 122)
Employment Policy Convention, 1964 (No. 122)
With a view to stimulating economic growth and development, raising levels of living, meeting manpower requirements and overcoming unemployment and underemployment, Government of Mongolia and social partners shall declare and pursue, as a major goal, an active policy designed to promote full, productive and freely chosen employment.
In 1995, our country introduced an unemployment insurance system and started implementing a passive labor market policy based on unemployment benefits. However, in 2001, with the adoption of the Employment Promotion Law, an opportunity was created to implement an active policy aimed at supporting the supply of the labor market.
It is worth mentioning here the need to support the demand of the labor market on the basis of making the employment promotion law compatible with this convention.
For the authoritative text of this convention visit the following link:
Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144)
Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144)
The National Consultative Committee on Supporting the Implementation of International Labor Standards was first established in accordance with Government Resolution No. 238 of 1996. Since 2016, a Tripartite subcommittee on supporting the implementation of ILO conventions and recommendations has been established and operated under the National Tripartite Committee on Labor and Social Partnership.
The Tripartite subcommittee on supporting the implementation of ILO conventions and recommendations is responsible for consulting on the following issues:
- Government replies to questionnaires concerning items on the agenda of the International Labour Conference and government comments on proposed texts to be discussed by the Conference;
- the proposals to be made to the competent authority or authorities in connection with the submission of Conventions and Recommendations pursuant to article 19 of the Constitution of the International Labour Organisation;
- the re-examination at appropriate intervals of unratified Conventions and of Recommendations to which effect has not yet been given, to consider what measures might be taken to promote their implementation and ratification as appropriate;
- questions arising out of reports to be made to the International Labour Office under Article 22 of the Constitution of the International Labour Organisation;
- proposals for the denunciation of ratified Conventions.
For the authoritative text of this convention visit the following link:
Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159)
Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159)
For the purposes of this Convention, our country shall consider the purpose of vocational rehabilitation as being to enable a disabled person to secure, retain and advance in suitable employment and thereby to further such person’s integration or reintegration into society.
Mongolia shall, in accordance with national conditions, practice and possibilities, formulate, implement and periodically review a national policy on vocational rehabilitation and employment of disabled persons.
The said policy shall aim at ensuring that appropriate vocational rehabilitation measures are made available to all categories of disabled persons, and at promoting employment opportunities for disabled persons in the open labour market.
Employers are obliged to create and operate workplaces that meet the physical and developmental characteristics of disabled persons in accordance with paragraphs 144.1 and 144.2 of the Article 144 of the Law on labour.
For the authoritative text of this convention visit the following link:
Workers' Representatives Convention, 1971 (No. 135)
Workers’ Representatives Convention, 1971 (No. 135)
Workers’ representatives in the undertaking shall enjoy effective protection against any act prejudicial to them, including dismissal, based on their status or activities as a workers’ representative or on union membership or participation in union activities, in so far as they act in conformity with existing laws or collective agreements or other jointly agreed arrangements.
Employers should provide such facilities in the undertaking that shall be afforded to workers’ representatives as may be appropriate in order to enable them to carry out their functions promptly and efficiently. But the granting of such facilities shall not impair the efficient operation of the undertaking concerned.
For the purpose of this Convention the term workers’ representatives means persons who are recognised as such under national law or practice, whether they are:
- trade union representatives, namely, representatives designated or elected by trade unions or by members of such unions; or
- elected representatives, namely, representatives who are freely elected by the workers of the undertaking in accordance with provisions of national laws or regulations or of collective agreements and whose functions do not include activities which are recognised as the exclusive prerogative of trade unions in the country concerned.
For the authoritative text of this convention visit the following link:
Employment Service Convention, 1948 (No. 88)
Employment Service Convention, 1948 (No. 88)
According to this convention, Government is obliged to maintain or ensure the maintenance of a free public employment service.
The essential duty of the employment service shall be to ensure, in co-operation where necessary with other public and private bodies concerned, the best possible organisation of the employment market as an integral part of the national programme for the achievement and maintenance of full employment and the development and use of productive resources.
The relationship between employers and public employment service organizations is regulated by the Employment Promotion Law (https://legalinfo.mn/mn/detail?lawId=563 ).
For the authoritative text of this convention visit the following link:
Private Employment Agencies Convention, 1997 (No. 181)
Private Employment Agencies Convention, 1997 (No. 181)
For the purpose of this Convention the term private employment agency means any natural or legal person, independent of the public authorities, which provides one or more of the following labour market services:
- services for matching offers of and applications for employment, without the private employment agency becoming a party to the employment relationships which may arise therefrom;
- services consisting of employing workers with a view to making them available to a third party, who may be a natural or legal person (referred to below as a “user enterprise”) which assigns their tasks and supervises the execution of these tasks;
- other services relating to jobseeking, determined by the competent authority after consulting the most representative employers and workers organizations, such as the provision of information, that do not set out to match specific offers of and applications for employment.
In our country, according to the Article 9 of the Employment Promotion Law, private labor exchanges and labor supply service companies, according to the Articles 76 to 77 of the Law on labour, operate respectively.
For the authoritative text of this convention visit the following link:
Minimum Age (Underground Work) Convention, 1965 (No. 123)
Minimum Age (Underground Work) Convention, 1965 (No. 123)
For the purpose of this Convention, the term mine means any undertaking, whether public or private, for the extraction of any substance from under the surface of the earth by means involving the employment of persons underground.
The provisions of this Convention concerning employment or work underground in mines include employment or work underground in quarries.
In our country the mining is included in the list of workplaces where minors are prohibited from being employed, so the minimum age limit for people working underground or in mines is 18 years old.
For the authoritative text of this convention visit the following link:
Safety and Health in Mines Convention, 1995 (No. 176)
Safety and Health in Mines Convention, 1995 (No. 176)
For the purpose of this Convention, the term mine covers:
a. surface or underground sites where the following activities, in particular, take place:
- exploration for minerals, excluding oil and gas, that involves the mechanical disturbance of the ground;
- extraction of minerals, excluding oil and gas;
- preparation, including crushing, grinding, concentration or washing of the extracted material; and
b. all machinery, equipment, appliances, plant, buildings and civil engineering structures used in conjunction with the activities referred to in (a) above.
The term employer means any physical or legal person who employs one or more workers in a mine and, as the context requires, the operator, the principal contractor, contractor or subcontractor.
The following laws and regulations shall apply in the field of safety and hygiene in the mining industry:
- The law on occupational safety and health (https://legalinfo.mn/mn/detail?lawId=564);
- 2021-2025 operational program of occupational safety and health (https://mlsp.gov.mn/uploads/files/HABET_hutulbur_2021-2025.pdf );
- General rules of open pit safety (2003);
- Safety regulations for underground mines (2015);
- Blasting safety rules (2006);
- Safety rules for underground coal mines (1983);
- Unified rules for the safety of mineral enrichment, separation crushing and ore and concentrate bulking (1987);
- Safety rules for Artisanal mining (2017).
For the authoritative text of this convention visit the following link:
Safety and Health in Construction Convention, 1988 (No. 167)
Safety and Health in Construction Convention, 1988 (No. 167)
This Convention applies to all construction activities, namely building, civil engineering, and erection and dismantling work, including any process, operation or transport on a construction site, from the preparation of the site to the completion of the project.
The Convention also applies to such self-employed persons as may be specified by national laws or regulations.
The following laws and regulations are enforced in the construction:
- Rules of occupational safety in the construction industry (2022)
https://mcis.gov.mn/storage/uploads/process/202208/file_1659437356616970_161611878330710.pdf
- Model construction safety rules (Appendix to the Order of the Minister of Construction and nd Urban Development No. 195 on November 30, 2017)
https://mcis.gov.mn/storage/uploads/process/202303/file_1678844235177959_162126263699813.pdf
For the authoritative text of this convention visit the following link:
Maritime Labour Convention, 2006, as amended in 2014, 2016, 2018, 2022 (MLC, 2006)
Maritime Labour Convention, 2006, as amended in 2014, 2016, 2018, 2022 (MLC, 2006)
In 2006, the 94th Session of the International Labour Conference adopted the Maritime Labour Convention. The new Convention revises and consolidates 37 existing Conventions and the related Recommendations. In this manner, it sets out, in a single instrument, the right of the world’s seafarers to decent conditions of work in almost every aspect of their working and living conditions, including minimum age, employment agreements, hours of work and rest, payment of wages, paid annual leave, repatriation, on board medical care, the use of recruitment and placement services, accom- modation, food and catering, health and safety protection and accident prevention, and complaint procedures for seafarers.
In 1999, Mongolia first adopted the Maritime law and revised it in 2022. The purpose of the Law shall be to regulate relations pertaining to the maritime transport by the vessels flying the state flag of Mongolia and conduct of ocean exploitation activities, such as exploration, utilization, and extraction of marine resources, fishing activities, research of ocean science, ensuring the safety and security at sea, protection of the marine environment, registration of ships, implementation of rights and obligations of the flag state, labor relations on board and endorsement of seafarer’s certificate of competency.
Please refer to the following link for the Maritime Law of Mongolia:
Mongolian:
https://legalinfo.mn/mn/detail?lawId=16530753168561
English:
https://monmarad.gov.mn/pg/ContentAttach/727_Maritime%20Law%20of%20Mongolia%20ENG.pdf
For the authoritative text of this convention visit the following link: