Texts of pending comments

Article 2 of the Convention. Right of workers and employers to form and join organizations of their own choosing. The Committee takes note of the adoption of the revised Labour Law on 2 July 2021 and welcomes the fact that the scope of the new law covers all workers according to its section 3.6.

The Committee notes that section 9.2 of the Labour Law establishes that the conditions and procedures for implementing the right to freedom of association shall be set out by law; though it also observes that neither this section nor the Government’s report indicate what the applicable law is or is envisaged to be. Recalling that the right to freedom of association applies to employers and workers irrespective of the recognition of this right in labour laws or other regulation, the Committee requests the Government to provide information as to the law or regulations that section 9.2 of the Labour Law intends to refer to, as well as a copy thereof.

The Committee recalls that in its previous comments it had noted the Government’s indication that it was discussing with the Mongolian Employers’ Federation (MONEF) a draft law on the legal status of employers, with an emphasis on the independence of employers’ organizations and their right to draw up their own by-laws and determine their structure, activities and programmes. The Committee had requested the Government to provide information on the outcome of this process, and to transmit a copy of the law on the legal status of employers as soon as it would be adopted. Noting the absence of reply from the Government in this respect, the Committee expects that the law on the legal status of employers will be adopted without further delay and once again requests the Government to provide information on any progress made, as well as to provide a copy of the law.

Article 3. Right of organizations to freely organize their activities and to formulate their programmes. In its previous comments, the Committee had also requested the Government to take the necessary measures, in consultation with the social partners, in order to ensure that trade unions can use strike action to support their position in the search for solutions to problems posed by major social and economic policy trends and have recourse to sympathy strikes by virtue of the freedoms set out in article 16 of the national Constitution. Noting that the Committee’s request has not been reflected in the final version of the Labour Law, the Committee requests the government to provide its comments in this respect and encourages it to continue discussing the matter with the social partners.

The Committee additionally notes that, according to section 26.1 of the Labour Law, “a decision to declare a strike shall be taken by the management of a trade union at the relevant level following an affirmative vote by a majority at the general meeting of employees of the particular enterprise, organization, branch or unit contemplating a strike with the overwhelming majority of employees participating in a vote on whether or not to declare a strike”. The Committee observes that this provision requires a quorum of the “overwhelming majority” of workers of the business or organization, and of those a “majority” of workers voting in favour. The Committee considers that the quorum and the majority required should not be such that the exercise of the right to strike becomes very difficult, or even impossible in practice. In the Committee’s view, if a country deems it appropriate to require a vote by workers before a strike can be held, it should ensure that account is taken only of the votes cast, and that the required quorum and majority are fixed at a reasonable level. For example, the observance of a quorum of two thirds of those present may be difficult to reach and could restrict the right to strike in practice (see the 2012 General Survey on the fundamental Conventions, paragraph 147). In view of the above, the Committee requests the Government to provide clarification as to the meaning of the “overwhelming majority” requirement with respect to quorum and of the “majority” of votes required before a strike can be held at the enterprise level.

The Committee finally notes that according to section 28.1 “employees and members of staff of organizations that provide services essential to the public, such as national defence, national security and enforcement of public order, shall have a right to associate and initiate the conclusion of collective agreements, but shall be prohibited from initiating, organizing or participating in a strike. The Cabinet shall adopt a list of enterprises and organizations that provide such essential services based on a recommendation of the National Committee”. The Committee wishes to recall in this respect that acceptable restrictions or prohibition of the right to strike concern public servants “exercising authority in the name of the State” and essential services, which are only those “the interruption of which would endanger the life, personal safety or health of the whole or part of the population” (see the 2012 General Survey on the fundamental Conventions, paragraphs 129 and 131). In view of the above, the Committee requests the Government to provide information as to the list adopted on the basis of section 28.1 of the Labour Law.

The Committee takes note of the observations of Education International alleging the lack of independence of teachers’ organizations from their employers in private institutions, as well as the marginalization of the Federation of Mongolian and Science Unions (FMESU) in collective bargaining activities. The Committee requests the Government to provide its comments in this respect.

The Committee takes note of the adoption of the Labour Law of Mongolia dated 2 July 2021. It welcomes the inclusive scope of the new legislation covering all workers as defined in its section 3.6.

Article 1 of the Convention. Protection against acts of anti-union discrimination. The Committee notes the prohibited unfair labour practices listed under section 11.1 of the Labour Law, which can give rise to sanctions under the Law on Violations (section 11.3 of the Labour Law). The Committee notes in particular that “employers and their representatives shall be prohibited from engaging in unfair labour actions or inactions in occupation and labour relations as follows: … worsen employees’ employment conditions because of their forming or joining a trade union or participating in its activities (section11.1.3). The Committee also notes that according to section 24.2 of the Labour Law, “it is prohibited to impose disciplinary sanctions to a trade union worker or elected representative participating in collective bargaining in relation to these negotiations, transfer them to another position, reduce remuneration or terminate employment at the employer’s initiative for participation in collective bargaining during the negotiations or within one year after, for any reason except for dissolution of the business entity organization and for reasons stipulated in sections 80.1.4-80.1.6 of this law.” While taking due note of these provisions, the Committee wishes to recall that the protection under Article 1 of the Convention is wide-ranging in scope: States are under the obligation to take specific measures to ensure the adequate protection of workers against any acts of anti-union discrimination both at the time of taking up employment and in the course of employment, including at the time of the termination of the employment relationship, and covering “acts of anti-union discrimination in respect of their employment” (dismissal, transfer, demotion and other prejudicial acts) (see 2012 General Survey on the fundamental Conventions, paragraph 173). The Committee therefore requests the Government to provide clarification as to the provisions covering anti-union discrimination at the time of taking up employment and in case of anti-union dismissal outside of cases specifically linked to the exercise of collective bargaining.

The Committee also recalls that, in order to ensure an adequate protection against anti-union discrimination within the meaning of Article 1 of the Convention, the legislative provisions prohibiting acts of anti-union discrimination must provide for the application of sufficiently dissuasive penalties in case of their violation. With respect to anti-union dismissals in particular, the Committee recalls that the reinstatement with retroactive compensation constitutes, in the absence of preventive measures, the most effective remedy. It further recalls that the compensation envisaged for anti-union dismissal should be higher than that prescribed for other kinds of dismissal, with a view to the effective dissuasion of this type of dismissal, and that it should be adapted in accordance with the size of the enterprises concerned (see 2012 General Survey, paragraphs 182 and 185). With a view to assessing the effectiveness of the legislation concerning anti-union discrimination, the Committee therefore requests the Government to: (i) provide information on the sanctions applicable to the acts of anti-union discrimination in general, in particular in light of the Law of Violations referred in section 11.3 of the Labour Law; (ii) provide information on the complaints filed with the competent authorities in this field and on their outcome; and (iii) indicate if the reinstatement of a worker dismissed because of trade union membership or legitimate trade union activities is part of the remedies applicable by the competent authorities.

Article 2. Adequate protection against acts of interference. The Committee takes note of the protection against acts of interference provided under section 11.1 of the Labour Law. The Committee notes in particular that “employers and their representatives shall be prohibited from engaging in unfair labour actions or inactions in occupation and labour relations, including the following : “ … interfering in the work of organizations representing employees or providing or promising to provide financial and other support … (section 11.1.1); establish trade unions under employers’ control, pressure employees to associate (section 11.1.2); interfere with, restrict or put pressure on employees’ representatives during their participation in collective negotiations (section 11.1.4); and attempt to keep the employees’ representatives under the employer’s control by promising or providing them with financial and other support (section 11.1.6)”. Noting that such “unfair labour practices” can give rise to sanctions under the Law on Violations (section 11.3), as in the case of acts of anti-union discrimination, the Committee wishes to recall that “adequate protection” against acts of interference within the meaning of the Convention requires the establishment of rapid appeal procedures and sufficiently dissuasive sanctions against such acts (see 2012 General Survey, paragraph 197). The Committee therefore requests the Government to provide information on the sanctions applicable in this regard, in particular in light of the Law on Violations referred to in section 11.3 of the Labour Law.

Article 4. Free and voluntary nature of collective bargaining. The Committee welcomes the fact that, as a result of the joint reading of sections 3.6 and 5 of the Labour Law, the right to bargain collectively is recognized to all workers. The Committee also notes with interest the basic principles of collective negotiations set by section 19 of the Labour Law.

The Committee further notes that, according to section 38 of the Labour Law, a “collective contract shall be concluded by the representatives of an employer and a trade union, and in the absence of a trade union, by the representatives of employees elected at the meeting of all employees”, whereas the conclusion of “collective agreements” referred to in section 36 is governed by different rules. The Committee observes the distinction between “collective contracts” (section 4.1.7) that are negotiated at the enterprise level and “collective agreements” (section 4.1.8) that are concluded either at the national, sectoral or territorial level. Whereas the definition of a collective contract in section 4.1.7 of the Labour Law specifically points out the bipartite nature of collective bargaining, the definition of a “collective agreement” in section 4.1.8 does not provide clarification on who are the parties that can negotiate such agreements. The Committee additionally notes that according to section 36 (Parties to collective agreements), collective agreements shall be concluded by and between: (i) National collective agreement by the Government and the national organizations which represent and protect the rights and legitimate interests of employers and employees (section 36.1.1); (ii) industry and inter-industry collective agreements by industry organizations representing and protecting the rights, and legitimate interests of employers and employees (section 36.1.2); and (iii) aimag, capital city, soum and duureg (district) collective agreements by respective governors and local organizations which represent and protect the rights, and legitimate interests of employers and employees (section 36.1.3). The Committee further notes that: (i) if the State is an employer in the industry, then the state central administrative body in charge of the industry shall participate alone or jointly with the representatives of other employers in collective negotiations (section 36.2); and (ii) if the State is not an employer in the industry, then the state central administrative body in charge of the industry shall participate in collective negotiations at the request of either party to a collective agreement (section 36.3). While emphasizing the importance and the relevance of concertation between the Government and the social partners on matters of common interest, the Committee recalls that the Convention tends essentially to promote bipartite negotiation and to limit the participation of public authorities to issues which are broad in scope, such as the formulation of legislation and economic or social policy or the fixing of the minimum wage rate. The Committee therefore requests the Government to: (i) specify the role that, under section 36.3 of the Labour Law, public authorities may play in the negotiations of industry level collective agreements and provide information on the application of this provision in practice; and (ii) provide information on the subjects covered by collective agreements concluded at the national and local levels.

Articles 4 and 6. Right to collective bargaining of civil servants not engaged in the administration of the State. In its previous comments, the Committee had recalled that the right to collective bargaining also covered the civil servants who are not engaged in the administration of the State. Noting that according to section 3.4 of the Labour Law, labour relations of civil servants not specifically regulated by the 2018 Law on the Civil Service and other related laws shall be regulated by this Law, the Committee requests the Government to indicate how the legislation recognizes the right to collective bargaining to civil servants not employed in the administration of the State who are not covered by the labour legislation and specify the relevant legislative provisions.

Promotion of collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements and collective contracts concluded and in force in the country, as well as the sectors concerned and the number of workers covered.

Articles 1 to 4 of the Convention. Gender pay gap and occupational segregation. The Committee notes from the statistics on wages and salaries by occupation and gender of the Mongolian Statistical Information Service to which the Government refers in its report, that on average, women’s remuneration represented 83.5 per cent of men’s remuneration in the year 2019 (81.3 per cent in March 2020), establishing the overall gender pay gap at 16.5 per cent for 2019. It further notes from the 2019 Report of the National Committee on Gender Equality “Mongolia Gender Situational Analysis : Advances, Challenges and Lessons learned since 2005” that women earn on average less than men in all sectors except female administrative and executive staff in the mining sector, or highly skilled professionals in agriculture, forestry, fisheries and hunting fields such as industrial and other machine operators as well as women employed with international organizations, with the biggest pay gaps in the sectors of information technology and in finance and insurance. The Committee asks the Government to continue to provide recent statistical information on the wage levels of men and women and the gender pay gap, and to indicate the corresponding distribution of men and women, in the various sectors of the economy. It further asks the Government to provide information on the measures taken to address the underlying causes of the gender pay gap, such as occupational gender segregation both horizontal and vertical. In particular, the Committee asks the Government to continue to undertake sensitization programmes and awareness-raising activities to overcome traditional stereotypes regarding the role of women in society and to provide information on the impact of these measures on the reduction of the gender pay gap.

Promotion of the principle of equal remuneration for men and women for work of equal value. The Committee notes with interest the Government’s indication that the National Policy for Remuneration, which was revised by Decree No. 2 of the National Tripartite Committee for Labour and Social Consent on 6 September 2019, includes the principle of equal remuneration for work of equal value, prohibits any type of discrimination and prejudice in wage distribution, aims at reducing inequality and sets remuneration level based on competence, job evaluation and outcome. The Government adds that activities to promote the Convention among the public are also foreseen. The Committee asks the Government to provide information on the implementation of the National Policy for Remuneration with respect to the principle of equal remuneration for men and women for work of equal value, indicating the promotional activities that have been carried out.

Article 3. Objective job evaluation. The Committee welcomes the Government’s indication that job analysis and evaluation were carried out in the education and health sectors and job grades were updated. Measures were also taken towards establishing a remuneration system for doctors and teachers based on their workload, professional skills, work responsibilities and work performance results and, after the evaluation of work places, salary levels have been upgraded and base salaries have been raised in the civil service medical institutions, in public kindergartens and general education schools in the field of pre-school, primary and secondary education and in public vocational training and production institutions. Salary levels of teachers, including in primary schools and kindergartens, doctors, nurses and civil service workers were increased in average by 20 per cent through renewed job classification. Welcoming these measures, the Committee asks the Government to continue to provide information on any job evaluations carried out, indicating the methods and criteria used, and to indicate the impact of the wage increases resulting from past evaluations on the gender pay gap, taking into account female and male dominated sectors and occupations.

Article 2(2)(b). Minimum wages. The Committee welcomes the Government’s indication that, pursuant to decisions from the National Tripartite Committee on Social Consensus to increase the minimum wage, the salaries of 80,000 to 100,000 people increased by 33.3 per cent in 2019 and by 31.2 per cent in 2020. The Committee notes however that, since these data are not disaggregated by sex, it is difficult to assess the impact of the measures taken by the Government on reducing the gender pay gap. It also notes that the Government’s report does not contain information on the method and criteria used to determine the minimum wage. The Committee asks the Government to provide statistical information, disaggregated by sex, on the number of persons who benefitted from the minimum wage increases over the years and the impact of such increases on the gender pay gap, and to indicate the method and criteria used by the National Tripartite Committee on Social Consensus to establish the minimum wage.

Enforcement. The Committee notes from the statistics provided by the Government on infringements of the labour legislation established after labour inspections that there is no specific supervision of the legal provisions regarding equal remuneration and no specific “inspection indicator” to that effect. Recalling that the National Human Rights Commission monitors the implementation of the Law on the Promotion of Gender Equality, the Committee further notes that there is no mention of any complaint regarding discrimination in remuneration in its 2020 “19th Status on Human Rights and Freedoms in Mongolia”. The Committee hopes that, with the inclusion of provisions on equal remuneration for work of equal value in the Labour Law, a specific “inspection indicator” on this matter will be included in the inspection list and asks the Government to provide information in this regard. It asks once again the Government to provide information on any training measures taken or envisaged to strengthen the capacity of the labour inspectorate to prevent, detect and address violations of the principle of the Convention. The Committee also asks once again the Government to provide information on the number, nature, and outcome of complaints addressed by judicial and administrative bodies and the National Human Rights Commission.

Articles 1 and 2 of the Convention. Definition of remuneration. Equal remuneration for men and women for work of equal value. Legislation. The Committee recalls that, in its previous comments, it emphasized the lack of reference to the principle of equal remuneration for work of equal value in the Labour Law and in the Law on the Promotion of Gender Equality (LPGE), and stressed the importance of seizing the opportunity provided by the Labour Law reform to incorporate the concept of “work of equal value” into the national legislation and adopt a broad definition of “remuneration”. The Committee notes with satisfaction that, in the new Labour Law adopted on 2 June 2021, the definition of “salary” includes the “basic salary, allowances, additional wages and vacation pay and bonuses” (section 101.1) and that, pursuant to section 102.1.1, the salary of employees “performing jobs of equal value shall be the same”. In addition, the Committee welcomes the explicit prohibition of salary discrimination on the basis of sex or other grounds (section 102.1.4). In light of these positive legislative developments, the Committee asks the Government to take steps to raise awareness of the principle of equal remuneration for men and women for work of equal value enshrined in the new Labour Law among workers, employers and their organizations as well as among labour inspectors and officials. It also asks the Government to clarify whether section 101.1 of the Labour Law applies also 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 and to provide examples of application in practice of this provision. The Committee asks the Government to consider the inclusion of the principle of equal remuneration for men and women for work of equal value in the Law on the Promotion of Gender Equality (LPGE) to align its provisions on equal pay with the provisions of the Labour Law.

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

Article 3(2) and (3) of the Convention. Compulsory leave after confinement. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that the compulsory period of post-natal maternity leave of not less than six weeks is established in the national legislation, in line with Article 3(2) and (3) of the Convention.

The Committee notes with interest that, pursuant to section 137 of the new Labour Act adopted on 2 July 2021, a pregnancy and maternity leave of 120 days is mandatory for women workers. The Committee however notes that section 137 does not specify a mandatory period of compulsory leave after the delivery. Recalling that, by virtue of Article 3(2) and (3) of the Convention, the period of maternity leave must include a period of compulsory leave after delivery of at least 6 weeks, the Committee requests the Government to confirm that, under the new Labour Code, the compulsory maternity leave to which a woman protected under the Convention is entitled will in no case lapse less than 6 weeks after delivery.

Article 4(2) and (5). Adequate benefits out of social assistance funds. In its previous comments, the Committee requested the Government to supply information on maternity cash benefits provided to women regardless of their insurance coverage.

The Committee notes that section 5 of the Act on Allowances for Mothers and Fathers and Families with Many Children of 30 June 2017 provides for allowances to pregnant women from the fifth month of pregnancy until the birth of a child and allowances for children under 3 years old. The amount of these allowances is determined by the Government (section 7.1 of the Act of 30 June 2017). In this respect, the Committee notes the indication by the Government in its report that, in 2018, the amount of allowances provided to pregnant women was equal to MNT 40.000 per month (approximately USD16,5), whereas the amount of allowances provided to mothers with children up to 3 years old amounted to MNT 50.000 (approximately USD20,6). The Committee however observes that the minimum subsistence levels fixed for one person, the same year, based on the monetary value of a basket comprised of food and non-food items necessary for a person to meet his/her basic needs, were much higher than these allowances. Indeed, in 2018, the lowest minimum subsistence level was MNT 174 000 (approximately USD71,7) in Eastern Mongolia and the highest corresponded to MNT 198 600 (approximately USD81,8) in Ulaanbaatar (according to the data of the National Statistics Office of Mongolia).

In this regard, the Committee recalls that, pursuant to Article 4(2) of the Convention, the rates of cash benefit shall be fixed by national laws or regulations so as to ensure benefits sufficient for the full and healthy maintenance of a mother and her child in accordance with a suitable standard of living. In view of the above, the Committee requests the Government to supply information on any additional benefits provided to women who do not qualify for social insurance maternity benefits that are sufficient to provide for full and healthy maintenance, and in respect of their children, to ensure that the requirements of Article 4(2) of the Convention are met, and in any event, to ensure that their income during maternity leave does not fall below the minimum subsistence level.

Article 4(3). Maternity medical care benefits. The Committee previously requested the Government to indicate the legislative provisions which specify the nature and scope of prenatal medical care, care during confinement and post-natal care to which women workers covered by the Convention are entitled.

The Committee notes that, pursuant to section 9.2.13 of the Act on Health Insurance of 29 January 2015, medical care related to pregnancy, confinement, and post-natal period is included in a set of medical care benefits provided under the compulsory health insurance. The Committee further notes that, by virtue of section 24.6.1 of the Act on Health Care of 5 November 2011, the State covers expenses related to maternity medical care benefits. The Committee welcomes the adoption of a number of national programs, including the National Strategy to Improve Maternal and Child Health for 2017-2021 and the National Program “Early Essential Newborn Care Strategy” for 2014-2020, which aim, among other objectives, at improving the quality and accessibility of maternity and child medical care. The Committee encourages the Government to maintain its efforts and to continue taking concrete measures to ensure the due provision of pre-natal, confinement and post-natal medical care, in line with Article 4(3) of the Convention. The Committee requests the Government to provide information on the implementation of the above-mentioned programmes and on the objectives attained, in view of the requirements of Article 4(3) of the Convention.

Article 6. Dismissal. The Committee previously noted that section 100 of the Labour Act of 1999 authorized the termination of employment of a pregnant woman or of a woman with a child under 3 years of age in a number of determined cases of serious fault. In this regard, the Committee recalled that the Convention provides for an absolute prohibition for the employer to give a woman notice of dismissal during the period of maternity leave, or at such time that the notice would expire during such absence.

The Committee notes that section 135 of the new Labour Act of 2 July 2021 contains provisions which are similar to section 100 of the Labour Act of 1999. The Committee therefore reiterates its request to the Government to take the necessary measures to ensure that the national legislation prohibits the termination of employment by the employer during the period of maternity leave, to give full effect to Article 6 of the Convention.

Part V of the report form. Application in practice. The Committee welcomes the information provided by the Government regarding implementation in practice of the legislation on maternity protection. The Committee requests the Government to continue to provide information on implementation, including statistical data on the total number of women receiving maternity benefits as well as the total amount of benefits paid on an annual basis

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM tripartite working group), the Governing Body has decided that member States for which Convention No. 103, is in force should be encouraged to ratify the more recent Maternity Protection Convention, 2000 (No. 183) (see GB.328/LILS/2/1). The Maternity Protection Convention, 2000 (No. 183) reflects the more modern approach to maternity protection when addressing issues of health protection, maternity leave, maternity benefits, employment protection and non-discrimination of employed women. Ratification of the Maternity Protection Convention, 2000 (No. 183), will involve the automatic denunciation of the outdated Maternity Protection Convention (Revised), 1952 (No. 103). The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM tripartite working group and to consider ratifying the Maternity Protection Convention, 2000 (No. 183), as the most up-to-date instrument in this subject area.

Article 1(1) of the Convention. Definition of direct and indirect discrimination. With reference to its observation, the Committee notes that the new Labour Law adopted on 2 July 2021 now provides for a definition of “direct discrimination” and “indirect discrimination” (section 6.2). It notes, however, that “indirect discrimination” is defined as “any decision and action that discriminates against an individual or a group of persons, restricts their rights, and deprives them of equality and opportunities by establishing privileges on the grounds specified …”. The Committee observes that, according to the Law on the Promotion of Gender Equality (LPGE), “indirect gender discrimination” is defined as “the placing of a person of one sex in a disadvantaged situation compared to a person of the opposite sex in the same or similar circumstances as an effect of seemingly gender neutral standards and/or practices” (section 4.1.6). In this regard, the Committee recalls that it considers that “indirect discrimination” refers to “apparently neutral situations, regulations or practices which in fact result in unequal treatment of persons with certain characteristics. [Such discrimination] occurs when the same condition, treatment or criterion is applied to everyone, but results in a disproportionately harsh impact on some persons on the basis of characteristics such as race, colour, sex or religion, and is not closely related to the inherent requirements of the job” (see the 2012 General Survey on the fundamental Conventions, paragraph 745). The Committee asks the Government to seize the opportunity of any future review of the Labour Law to take steps to amend the provisions defining “indirect discrimination” to align them with the above definition and the definition provided in the LPGE.

Prohibited grounds of discrimination and additional grounds. With reference to its observation, the Committee notes that the list of prohibited grounds of discrimination now covers “political opinion” as well as “appearance” which could include the ground of “colour” as enumerated in Article 1(1)(a) of the Convention. With respect to the ground of “national extraction”, the Committee notes that the Government indicates in its report that, in the draft Labour Law, it was covered by “origin” and “descent”. It observes however that in the English version of the adopted Labour Law neither “origin” nor “descent” are reflected in the list of prohibited discrimination grounds in section 6.1. The Committee asks the Government to confirm that “appearance” also covers “colour” and that “national extraction” – as meaning a person’s place of birth, ancestry or foreign origin – is covered by one or more grounds specified in section 6.1 of the Labour Law, specifying the grounds concerned.

Articles 1(1), 2 and 3(c). Discrimination based on sex and promotion of equality of treatment for men and women. Workers with family responsibilities. With reference to its observation, the Committee notes the new Labour Law: (1) removes the provisions that allowed for the adoption of a general prohibition on the employment of women in specified jobs and (2) extends provisions which in the previous Labour Law, were exclusively applicable to women workers with children under 8 years of age to all men workers with children under 3 years of age, such as the prohibition of overtime (section 91.4), night work (section 88.5) or going to a business trip (section 141.1), except with their consent, and the possibility of working from home or from a distance (section 140.1). The new Labour Law also prohibits work during public holidays or weekends for men and women workers with children under 3 years of age, except with their consent (section 98.2). The Committee also notes the inclusion of provisions, in the Labour Law, extending the right to parental leave (previously “baby care leave” for mothers of children under 3 years of age) to fathers of children under 3 years of age (section 139). With respect to termination of employment, the Committee notes, however, that, with a few exceptions, the prohibition on the termination of the employment relationship applies only to mothers and to single fathers with children under 3 years of age (section 135.1). The Committee asks the Government to take proactive steps to raise public awareness about the absence of restrictions on the recruitment of women in certain occupations and the rights provided by the new Labour Law to both men and women workers with children under three years of age. It also asks the Government to consider extending the prohibition of termination of employment of mothers and single fathers with children under 3 years of age to all fathers with children under 3 years of age. The Committee asks the Government to provide any available information, disaggregated by sex, on the number of workers who were granted a parental leave under section 139 of the Labour Law.

Article 1(1)(a). Discrimination based on sex. Retirement age. Recalling its previous comments concerning section 4 of the Law on Pensions and Benefits, which provides for different retirement ages for men and women, and the possible discriminatory effect of this provision, the Committee notes the Government’s indication in its report that, once the draft Revised Labour Law is adopted, the issue of retirement age will be discussed by the social partners. Noting that the new Labour Law was adopted in June 2021, the Committee encourages the Government once again to ensure that the working life of women is not shortened in a discriminatory manner and to amend the Law on Pensions and Benefits accordingly. It asks the Government to provide information on any steps taken in this regard.

Sexual harassment. The Committee notes that the new Labour Law includes provisions prohibiting both quid pro quo and hostile environment sexual harassment (section 7). The Committee recalls that quid pro quo sexual harassment refers to “any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men which is unwelcome, unreasonable and offensive to the recipient; and a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job” (2012 General Survey, paragraphs 789–794). It observes that the provisions regarding quid pro quo “sexual harassment” in section 7.2 is unclear and does not clearly reflect these key elements. In addition, the Committee recalls that, in its previous comments, it had requested the Government to amend the definition of “sexual harassment” in the LPGE in so far as it refers to “sexual intercourse”, to ensure that all forms of behaviours with a sexual connotation are covered. The Committee further notes the Government’s indication in its national report to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) that 584 organizations (17 ministries and agencies, 533 local government agencies and 34 NGOs) “included the arrangement on the prevention of workplace sexual abuse in their internal labour regulations”. The Committee asks the Government to consider including in the Labour Law a clear definition of quid pro quo sexual harassment and review the definition in the LPGE, to ensure that it encompasses all forms of behaviours with a sexual connotation. It further asks the Government to provide information on: (i) the implementation in practice of the provisions of the Labour Law imposing a duty on the employer to put in place procedures to prevent and address sexual harassment; (ii) the outcome, including sanctions and remedies, of any case of sexual harassment dealt with by the National Human Rights Commission and the courts; (iii) the content of the “arrangement on the prevention of workplace sexual abuse” to which the Government referred in its 2020 report to the CEDAW; and (iv) the development of regulations on sexual harassment applicable to public officials mentioned in its previous comment.

Discrimination based on race and colour. Migrant workers. Recalling that both nationals and non-nationals should be protected from discrimination in employment and occupation based on the grounds covered by the Convention, the Committee notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD), in its final observations, expressed concern “about the substandard working and living conditions of migrant workers and about the lack of effective monitoring and inspection mechanisms to ensure that they enjoy the same working conditions as Mongolian workers” (CERD/C/MNG/CO/23-24, 17 September 2019, paragraph 17). The Committee asks the Government to provide information on the situation of migrant workers and any measures taken to ensure that they are protected effectively against all forms of discrimination in employment and occupation, including through appropriate control and enforcement mechanisms.

Articles 1(1)(a) and 1(2). Discrimination based on political opinion. Inherent requirements of the job. Civil service. With respect to its previous comments concerning the practice of dismissing public officials because of their political opinion, particularly after general and local elections, the Committee notes the Government’s reference to provisions of the Revised Civil Service Law describing the circumstances in which “core civil servants” are prohibited from expressing political views. The Committee recalls that “cases where political opinion is taken into consideration as a prerequisite for a given job should be objectively examined under judicial scrutiny to determine whether this prerequisite is actually justified by the inherent requirements of the particular job” (2012 General Survey, paragraph 805). To determine whether the legal prohibition on expressing political views meets the criteria of inherent requirements of the job within Article 1(2) of the Convention, the Committee asks the Government to provide specific information on the exact meaning of “core civil servants”, specifying the occupations covered and the extent to which each individual case is carefully examined. It further asks the Government to take effective steps to ensure that civil servants in general are effectively protected against discrimination based on political opinion, in accordance with Article 1(1)(a) of the Convention and to consider the possibility of adopting, in the near future, a restrictive list of jobs in the public service for which foregoing expression of political opinion can be considered an inherent requirement.

Article 1(3). Protection against discrimination in employment and occupation. The Committee notes that the Labour Law refers in section 6 to the prohibition of discrimination in “employment and labour relations”. Recalling that, pursuant to Article 1(3) of the Convention, the terms “employment and occupation” include access to vocational training, access to employment and to particular occupations, and terms and conditions of employment, the Committee asks the Government to indicate whether the expression “employment and labour relations” used in the Labour Law covers these different aspects of employment and occupation, in particular access to vocational training, employment and particular occupations.

Articles 2 and 3. Measures to promote equality of opportunity and treatment of men and women. The Committee notes that the Government’s report refers to the website of the Mongolian Statistical Information Service for statistics disaggregated by sex regarding the labour force. The Committee notes from the 2019 Report of the National Gender Equality Committee that “women’s labour force participation is falling” and “average incomes are lower than men’s with no sign of increasing”. The report also indicates inter alia that: (1) “discrimination against women of reproductive-age in recruitment and employment continues and concentration of women and men in different sectors and occupations as well as their career promotion opportunities remain the same”; (2) “young women tend to fall victim to low quality education which fails to match labour market demand that leads to the horizontal gender disparity in employment in the years ahead”; and (3) “women’s entrepreneurship is further hampered by their limited land and property rights”. The Committee welcomes the Government’s indication in its 2020 report to the CEDAW that, within the framework of the implementation of the Action Plan of the National Program on Gender Equality (NPGE), the tasks to prepare the “Guidelines for Developing and Implementing Gender Equality Plans in Business Organizations”, to develop and approve a “Gender Sensitive Workplace Policy” were included in the National Tripartite Labour and Social Agreement for 2019-2020 (CEDAW/C/MNG/10, 4 May 2020, paragraph 20). In light of the above, in particular the findings of the National Gender Equality Committee, the Committee asks the Government to provide information on the implementation of the NPGE, in particular: (i) the measures taken to ensure that women have equal access to employment, including access to self-employment and entrepreneurship, and to promote their access to employment including through the development of their access to credit and land; (ii) the measures taken to address occupational gender segregation, including through vocational guidance and training, and (iii) any specific measures taken to address discrimination against young women at the recruitment stage. The Committee also asks the Government to provide information on the development and approval of the “Guidelines for Developing and Implementing Gender Equality Plans in Business Organizations” and the “Gender Sensitive Workplace Policy”, as well as information on their content and implementation.

Measures to promote equality irrespective of race, colour or national extraction. Ethnic minorities and indigenous peoples, including Tsaatans. With respect to the economic situation of Tsaatans, the Committee notes the Government’s indication that the provision of benefit equal to minimum subsistence level to Tsaatan citizens in Taiga was renewed and approved by the Regulation No. A/198 of Ministry of Labour and Social Protection, of 10 July 2018. The Committee notes however that the CERD, in its final observations, was concerned about “the low number of Kazakhs, Tuvas and Tsaatans (Dukhas) who have completed primary, secondary and higher education compared with the national average” and “the poor quality of education in the official language of the State party that is provided to ethnic minorities and indigenous peoples, which prevents them from accessing high-ranking positions in the administration and passing the entrance examinations for universities”. The CERD also noted “with concern the high unemployment rates of the Kazakhs, Tsaatans (Dukhas) and Tuvas compared with the national average” and was concerned “that ethnic minorities continue to face discrimination in accessing employment, including in public service in Bayan-Ulgii Province” (CERD/C/MNG/CO/23-24, paragraphs 19 and 21). The Committee asks the Government to provide specific information on the measures adopted to promote and ensure equality of opportunity and treatment of members of all ethnic and indigenous groups, including their right to engage without discrimination in their traditional occupations and livelihoods, with respect to access to vocational training and guidance, placement services, employment and particular occupations, and terms and conditions of employment.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government's attention to its general observation of 2018 and asks the Government to provide information in response to the questions raised in that observation.

Persons with disabilities. The Committee welcomes the inclusion in the Labour Law of provisions regarding the duty on employers to provide employment opportunities to persons with disabilities (“developmentally challenged persons”), the employment quota (increased from 3 to 4 per cent for enterprises of 25 or more employees) and sanctions in a case of a failure to comply. The Government indicates that, by a Government Resolution of 2019, sanctions were also increased and differentiated according to the geographical location of the entities. With regard to the “Employment Promotion Program for Persons with Disabilities”, the Committee notes the Government’s indication that, in 2015-2020 (April), a total of 12.4 billion Mongolian tögrög (MNT) was allocated by the Employment Promotion Fund for the implementation of the which benefitted to 17,431 persons with disabilities of whom 3,609 found permanent jobs and 305 found temporary jobs. It further notes that a survey conducted in 2018 by the Research Institute of Labour and Social Protection among the entities identified the following reasons why persons with disabilities are not employed: lack of positions in which persons with disabilities can work; lack of skills meeting the requirements; and difficulty in adapting workplaces. The Committee asks the Government to continue to provide information on the legal and practical measures adopted to promote equal opportunities and to address the remaining barriers faced by persons with disabilities to accessing employment, in particular those identified in the 2018 Survey of the Research Institute of Labour and Social Protection.

Awareness-raising and enforcement. The Committee welcomes the Government’s indication that the Criminal Code was amended to include penalties for “discrimination based on origin, descent, colour, age, sex, social origin, wealth, job holding, position, religion, opinion, education, sexual and gender orientation, and medical condition”. It also notes that the Government indicates that there are no statistics available on the complaints filed with the Labour Dispute Settlement Commission and that training courses on the resolution of disputes were organized to improve the capacity of the social partners, including in the cooperation with the ILO. The Committee asks the Government to provide information on the measures taken to effectively implement and enforce the national legislation and to raise awareness of all forms of discrimination based on the grounds protected under the Labour Law, the Penal Code and the Convention. It also asks the Government to continue to provide specific information on: (i) the training activities carried out among law enforcement officials, workers and employers and their respective organizations, including on the remedies and procedures available; and (ii) the number, nature and outcome of any cases or complaints on discrimination in employment and occupation dealt with by labour inspectors, the courts or any other competent authorities.

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.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 155 (OSH) and 176 (safety and health in mines) together.

The Committee notes the observations made by the Confederation of Mongolian Trade Unions (CMTU) on Convention No. 155, which were included in the Government’s report.

Legislation. The Committee notes the adoption of the new Labour Law in July 2021, which will enter into force on 1 January 2022.

1. Occupational Safety and Health Convention, 1981 (No. 155)

Articles 4 and 8 of the Convention. National OSH policy. Laws or regulations giving effect to the national OSH policy. The Committee notes the Government’s indication that the 5th National Programme on Occupational Safety and Health (2017–20) was developed and approved by Government Resolution No. 243 of 2017. The Government also indicates that an action plan under this Resolution was approved by Order No. A/210 of the Minister of Labour and Social Welfare in 2017. The Government indicates that the main goal of the national programme is to improve occupational safety and health laws and standards, implement the state policy to protect the lives and health of workers, identify the causes of industrial accidents and occupational diseases, and reduce accidents. The Committee also notes that, in reply to its previous comment concerning the review of OSH standards and the consultations held with employers’ and workers’ organizations in this regard, the Government refers to the review undertaken in 2018 of 145 national legislative OSH standards (53 related to occupational safety and 92 related to occupational health). The Committee notes that, in its observations, the CMTU considers that the participation of trade unions in the process of the revision of OSH instruments is insufficient. The Committee requests the Government to provide detailed information on the consultations held with the most representative organizations of employers and workers on the measures taken to implement and review the national OSH programme in accordance with Article 4 of the Convention. It also requests the Government to provide information on the progress made in the revision of the national programme 2017-20 and in the adoption of a new programme and plan of action for the following period.

Article 5(b) of the Convention. Adaptation to workers’ capacities. In its previous comment, the Committee requested the Government to provide information on the manner in which working time arrangements, the organization of work and work processes are adapted to the physical and mental capacities of workers as part of the OSH policy. The Committee notes the Government’s reference to the provisions of the law related to hours of work and rest breaks. The Committee also notes that section 43.2.3 of the new Labour Law provides that an employer shall provide employees with a workplace that meets the requirements and standards specified in the Law on Occupational Safety and Health (OSH Law), and that is free from harassment, violence and sexual harassment. It also notes that section 3.1.4 of the OSH Law provides that working environment means the environment which has a direct or indirect impact on the ability to work and on the health of employees in the course of their employment. The Committee once again requests the Government to indicate the measures adopted to ensure that the organization of work and work processes are adapted to the physical and mental capacities of the workers.

Articles 5(e) and 13. Protection of workers from disciplinary measures and undue consequences. In its previous comment, the Committee requested the Government to provide information on the manner in which it is ensured that workers and their representatives are protected from disciplinary measures as a result of actions properly taken by them in conformity with the national OSH policy. The Committee notes the Government’s reference to the provisions of the Labour Law related to the right of employees to appeal to the courts concerning the imposition of disciplinary sanctions. The Committee also notes that, in reply to its previous comment on the application of Article 13, the Government indicates that there is no official interpretation of the terms “certain conditions” in section 18.1.4 of the OSH Law. This section provides that workers have the right to suspend work in the event of a breach of work safety regulations or if there are certain conditions which could cause danger to human life and health. The Committee also notes that, according to the CMTU, the assessment of the conditions which might cause danger to human life and health is left to the employee. It adds that, depending on the circumstances, disciplinary measures may be taken against the employee as a consequence of the actions taken pursuant to section 18.1.4 of the OSH Act. The CMTU states that, in the context of the labour law reform, it proposed that, when considering a disciplinary sanction, the employer should obtain an explanation of the employee’s action. The Committee recalls that Article 5(e) provides for the protection of workers and their representatives from disciplinary measures taken as a result of actions properly adopted by them in conformity with OSH policies. It also recalls that Article 13 provides that a worker who has removed himself from a work situation which he has reasonable justification to believe presents an imminent and serious danger to his life or health shall be protected from undue consequences. Considering the recent adoption of the new Labour Law, the Committee requests the Government to provide information on the measures taken to give effect to these Articles of the Convention.

Article 12. Responsibilities of those who design, manufacture, import, provide or transfer machinery, equipment and substances for occupational use. In reply to its previous comment regarding the measures taken or envisaged to give effect to Article 12(a), (b) and (c), the Committee notes the Government’s reference to section 31.3.1 of the OSH Act, which provides that sectoral OSH legal documents shall be developed and approved in cooperation with the state administrative authority and relevant professional organizations. The Committee also notes that, as a result of this work, certification procedures on the production and service of machinery and equipment and model construction safety rules were adopted. The Committee requests the Government to indicate whether the rules and certification procedure, as indicated above, define the obligations of persons who manufacture, import, provide or transfer machinery, equipment or substances for occupational use and to provide information on the measures taken to give effect to Article 12(a) (ensure the absence of dangers entailed by machinery, equipment or substances). The Committee further requests the Government to indicate the measures adopted to ensure that the persons referred to in Article 12 make available information concerning the correct installation and use of all types of machinery and equipment (Article 12(b)), and to ensure that such persons keep abreast of the necessary scientific and technical knowledge (Article 12(c)).

2. Safety and Health in Mines Convention, 1995 (No. 176)

Article 3 of the Convention. National policy on occupational safety and health in mining. The Committee notes that, in reply to its previous comment, the Government indicates that the National OSH Committee and the Mining Sub-Committee are composed of representatives of governmental and non-governmental organizations, employers and employees. The Committee also notes that the Government refers to the adoption of safety rules in the mining sector, such as the 2019 unified safety rules for blasting operations, the 2019 safety rules for open-pit mines, the 2019 comprehensive guidelines for disaster risk assessment of open pit mining and concentrators and the unified safety rules for mineral concentrators and processing plants, as revised in 2020. Noting the absence of information on this subject, the Committee requests the Government to provide information on the implementation and periodic review of the policy on safety and health in mines, and on the consultations held in this respect with the social partners. The Committee also requests the Government to provide an update on the implementation of the subprogramme on OST in the mining sector, within the framework of the Fifth National Programme on Occupational Safety and Health.

Articles 5(1) and 16. Competent authority to monitor OSH in mining, and inspection. The Committee notes the Government’s indication that the main body in charge of occupational safety and health and of monitoring the implementation of labour protection legislation is the General Agency for Specialized Inspection. The Committee also notes the Government’s indication that the Agency currently consists of 66 state labour inspectors, which will be increased by 16, and 31 state labour safety inspectors, to be increased by 3. The Committee further notes that, according to the Government, it will be possible to employ two state labour inspectors in prefecture-level subdivisions (aimags) with large mining and infrastructure facilities, by including these costs in the 2020 budget. The Committee notes the Government’s reference to Resolution No. 236 of June 2019, which requires the provision of the necessary tools and equipment to increase the capacity of state inspections in the mining and infrastructure sectors. The Committee requests the Government to provide further information on the organization and functioning of the General Agency for Specialized Inspection responsible for supervising safety and health in mining, on the resources available to this inspection service and on the applicable legal framework. In addition, the Committee requests the Government to provide further information on the number of inspections conducted, violations identified and penalties and corrective measures established in relation to OSH in mining, in accordance with Article 16(1) of the Convention.

Article 5(2)(e). Power of the competent authority to suspend or restrict mining activities on safety and health grounds. The Committee notes the Government’s indication that the General Agency for Specialized Inspection is entitled to close or restrict the operation of a mine based on safety and health conditions, and to close or restrict the operation of a mine until proper conditions are ensured. The Committee requests the Government to indicate the provisions of national law that establish the powers of the General Agency for Specialized Inspection to suspend or restrict mining activities on safety and health grounds, until the conditions giving rise to the suspension or restriction have been corrected.

Article 5(4)(b). Obligation to provide and maintain adequate self-rescue respiratory devices. The Committee notes the Government’s indication that the workers employed in the Oyu Tolgoi underground mine are fully equipped with personal protective equipment and respirators. The Committee recalls the importance of ensuring that adequate well-maintained self-rescue respiratory devices are provided for workers in underground mines, particularly coal mines. The Committee requests the Government to provide further information on the measures taken to ensure that employers have the obligation to provide and maintain adequate self-rescue respiratory devices for workers in underground coal mines and other underground mines, where necessary.

Article 5(4)(c). Abandoned mines. The Committee notes the Government’s indication that there are currently no decommissioned facilities at the Oyu Tolgoi mine complex. While noting this information, the Committee once again requests the Government to provide information on the measures taken or envisaged in law and in practice to give effect to Article 5(4)(c) of the Convention to ensure that protective measures are taken to secure abandoned mine workings so as to eliminate or minimize risks to safety and health.

Article 5(5). Plans of workings. In the absence of information provided by the Government in response to its previous comments, the Committee once again requests the Government to provide information on the measures taken or envisaged in law and in practice to give effect to Article 5(5) of the Convention to ensure that an employer in charge of mines has the obligation to prepare plans of workings before the start of operations, and in the event of any significant modification, that such plans are brought up to date periodically and kept available at the mine site.

Article 7(c). Measures to maintain ground stability. In the absence of information in this respect, the Committee once again requests the Government to provide information on the measures taken or envisaged in law and practice to ensure that employers have an obligation to take steps to maintain the stability of the ground in areas to which persons have access in the context of their work.

Article 7(i). Stopping operations and evacuation of workers to a safe location. The Committee previously noted the Government’s reference to section 28.1.2 of the OSH Act, which provides that in the event of a situation endangering human life or health, the operation shall be stopped immediately and the dangerous situation shall be promptly eliminated. In the absence of the requested information, the Committee once again requests the Government to provide information on the measures taken in law and practice to ensure that when there is serious danger to the safety and health of workers in mining, workers are evacuated to a safe location.

Article 10(b). Supervision and control at each shift. The Committee previously noted that section 15 of the underground ore safety rules (Joint Order No. 229 of 2015) provides that mine management, engineers and technicians are required to visit the mine regularly to ensure that mining operations are carried out in an orderly manner and that occupational safety and health is fully monitored. During the shift, the shift supervisor is required to inspect each workplace and personally supervise mining work undertaken under difficult working conditions. The Committee notes the Government’s reference to section 28.1.6 of the OSH Act, which requires the employer to approve and implement rules, regulations and procedures in accordance with the nature of the workplace. The Committee notes that section 423(a) of the general open pit safety rules requires the shift supervisor of an open pit to inspect each shift and record the results in the logbook. The Committee takes note of this information, which addresses its previous request.

Article 10(c). Measures and procedures to establish a recording system of the names and probable location of all persons who are underground. The Committee notes the Government’s indication, with reference to the underground ore safety rules, that all underground mines are required to keep regular records of all underground workers entering and exiting the mine in accordance with the relevant regulations. However, the Committee notes that the Government does not provide information on the manner in which the probable location of workers in the mine is recorded. The Committee therefore once again requests the Government to provide further information on how effect is given to this Article of the Convention, including specific reference to the relevant provisions of the legislation.

Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same mine. Noting the absence of information on this subject, the Committee once again requests the Government to provide information on the measures taken in law and practice to ensure that whenever two or more employers undertake activities at the same mine, the employer in charge of the mine shall coordinate the implementation of all measures concerning the safety and health of workers and shall be held primarily responsible for the safety of the operations.

Article 13(1)(a), (b), (e) and (f), (2)(c), (d) and (f), (3) and (4). Rights of workers and their representatives. The Committee notes the Government’s reference to section 18.1.4 of the OSH Act, which provides that workers have the right to suspend work in the event of a breach of work safety regulations or if there are certain conditions which could cause danger to human life and health. The Committee notes that this provision ensures the application of Article 13(1)(e) of the Convention. Noting the absence of relevant information provided by the Government in response to its previous comments, the Committee once again requests the Government to indicate the legal provisions giving effect to the rights of workers: (i) to report accidents, dangerous incidents and hazards (Article 13(1)(a)); (ii) to request and obtain inspections and investigations (Article 13(1)(b)); and (iii) to collectively select safety and health representatives (Article 13(1)(f)). It also once again requests the Government to provide information on the measures taken in law and practice to ensure the rights of workers and their representatives: (i) to have recourse to advisers and independent experts (Article 13(2)(c)); (ii) consult with the employer in a timely fashion on safety and health matters, including policies and procedures (Article 13(2)(d); (iii) to consult with the competent authority (Article 13(2)(e)); and (iv) to receive notice of accidents and dangerous occurrences (Article 13(2)(f)). Noting its comments on the application of Articles 5(e) and 13 of Convention No. 155, the Committee further requests the Government to provide information on the legislative and other measures adopted to determine the procedures established for the exercise of the rights listed in Article 13(1) and (2), and to indicate the measures taken to ensure that these rights can be exercised without discrimination or retaliation, in accordance with Article 13(3) and (4).

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 1(1)(b) and 2(1) and (4), of the Convention. Temporary work agencies. Prohibitions and exclusions. The Committee notes the Government’s first report indicating that all private employment agencies (PEAs) are required to comply with National Standard MNS 6620:2016. While national and international actors offer services to foreign companies by serving as the employer of record and supplying local employment contracts for staff hired by these actors, ensuring that local statutory requirements are met in relation to matters such as termination, probation periods, leave entitlements and statutory benefits, the Committee notes that the Employment Promotion Law does not address situations in which PEAs employ workers (“temporary work agencies”) with a view to making them available to a third party, that is, a “user enterprise”. Furthermore, it is unclear whether the Mongolian National Union for Agricultural Cooperatives, which sends agricultural labour abroad, is acting as an employment agency in the sense of Article 1(1)(b). The Committee requests the Government to provide updated detailed information indicating whether and to what extent PEAs are authorized to offer services consisting of employing workers with a view to making them available to a user enterprise, as contemplated under Article 1(1)(b), of the Convention, and to indicate the relevant legal provisions in this regard. It also asks the Government to indicate whether recourse has been made to Article 2(4), with respect to temporary work agencies and, if so, to provide information on consultations with employers’ and workers’ organizations regarding the manner in which adequate protection is assured for the workers concerned. The Committee further requests the Government to keep the Office informed of the adoption or amendment of labour legislation relevant to the application of the Convention and to provide copies of laws or regulations giving effect to the provisions of the Convention, including National Standard MNS 6620:2016 and the Law on Legal Status of Government Agencies.

Articles 1(1)(c) and 5(2). Other services offered by private employment agencies. Targeted programmes. The Committee notes that, pursuant to section 10.2 of the Employment Promotion Law, PEAs and non-governmental organizations may provide services providing preparation for employment, support and assistance on a contractual basis. The Government reports that, on the basis of National Standard MNS 6620:2016, six employment promotion programmes have been approved to date by the tripartite National Employment Council. The programmes seek to place unemployed individuals and those with disabilities in permanent as well as temporary jobs, coordinate and deliver training activities. The programmes are to be implemented by PEAs and include training and capacity building for employment, workplace promotion, youth employment support and start-up promotion, herders’ employment promotion as well as promotion of employment for persons with disabilities. The Committee requests the Government to provide updated detailed information on the type and number of PEAs participating in the six employment promotion programmes established under National Standard MNS 6620:2016. It further requests the Government to provide information on the employment-related activities carried out in the framework of each of the six programmes and on their impact, including statistical information disaggregated by age and sex (Article 1(1)(c)). In addition, it requests the Government to provide information on the nature and extent of special services or targeted programmes implemented by PEAs to assist disadvantaged workers in accessing employment opportunities (Article 5(2).

Article 3. Legal status and conditions of operation. The Government indicates that, based on National Standard MNS 6620:2016, PEAs must obtain a “special permit” from the General Agency for Labor and Social Services authorizing them to conduct employment service activities. This special permit enables PEAs to receive State funding in exchange for delivering employment services to the public. The Committee further notes that the nature of the “mediation permit” issued under section 6.1 of the Law on Sending Labour Force Abroad and Receiving Labour Force and Specialists from Abroad, is not specified. Moreover, the Government has provided no information regarding the regulation of temporary work agencies operating solely at the national level. The Committee therefore requests the Government to provide information on the legal status of all PEAs operating in the country, including temporary work agencies and agricultural cooperatives sending labour abroad, as well as on the conditions governing their operations. The Committee further requests the Government to provide additional information on the nature of the special permit to be issued under the National Standard MNS 6620:2016 as well as on the nature of the mediation permit provided for under section 6.1 of the Law on Sending Labour Force Abroad and Receiving Labour Force and Specialists from Abroad. It also requests the Government to provide information on consultations held with the most representative organizations of employers and workers regarding the determination of the legal status of such agencies.

Article 4. Freedom of association and collective bargaining. The Committee notes that the Government has not provided information on whether and to what extent Labour Code provisions regarding the applicability of collective agreements and trade union rights apply to workers made available to user enterprises in the sense of Article 1(1)(b). The Committee requests the Government to provide information on the measures taken to ensure that workers made available to user enterprises benefit from existing collective agreements entered into by the user enterprise in a manner similar to its employees. The Committee further requests the Government to communicate information indicating the manner in which it is ensured that workers recruited by temporary work agencies are afforded the right to freedom of association and collective bargaining.

Article 5. Equality of opportunity and treatment. The Committee recalls its 2017 comments with regard to Mongolia’s implementation of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), noting that gender-based discrimination remained prevalent in practice, despite the adoption in 2008, almost a decade before, of amendments to the Mongolian Labour Code aimed at preventing the exclusion of women from a wide range of occupations. The Committee requests the Government to indicate the measures taken or envisaged to ensure that all PEAs treat workers without discrimination and respect equality of opportunity and treatment in access to employment as well as to specific occupations. In particular, the Committee invites the Government to provide information on measures taken or envisaged to ensure that all PEAs respect the principle of gender equality in employment and occupation.

Article 6. Processing of workers’ personal data. The Committee notes the information provided by the Government concerning the processing of jobseekers’ personal data, which is conducted based on template for registering an individual’s information into an integrated employment database. The Committee requests the Government to provide specific information on the manner in which workers’ personal data is protected as required under Article 6.

Article 7. Fee-charging. The Government indicates that, under section 6.5 of the Employment Promotion Law, employment promotion services shall be delivered free of charge. It adds that no special treatment or exceptions have been made in this respect. The Committee notes that section 9.4 of the Employment Promotion Law, which refers to Mongolian “citizens”, could be interpreted as permitting PEAs to charge fees to non-Mongolian jobseekers. The Committee therefore requests the Government to provide detailed information on the measures taken or envisaged to ensure that PEAs, including temporary work agencies, do not charge either national or non-national workers directly or indirectly for their services. It also requests the Government to provide information on the mechanisms and procedures in place to enforce prohibitions against fee-charging.

Article 8. Migrant workers. The Government reports that the Ministry of Labour and Social Welfare is working on a reform of the Law on Sending Labour Force abroad and Receiving Foreign Expert and Labour Force, with a view to strengthening rights and protection for migrant workers, both Mongolian citizens working abroad and foreign workers employed in Mongolia. The Committee notes that, in 2008, some 20 PEAs were authorized to export labour abroad. The Committee also notes that since 2003, the Mongolian National Union for Agricultural Cooperatives has been sending agricultural labour abroad, mainly to the Republic of Korea, the Czech Republic, Hungary and Japan. It also notes that as of 2008, Mongolia had concluded bilateral agreements with the Republic of Korea (2004), Chinese Taipei (2001), the Czech Republic (1999) and Japan (1998). The Committee requests the Government to provide information regarding all bilateral agreements it has concluded which address the prevention of abuses and fraudulent practices in the recruitment, placement and employment of migrant workers and to provide copies of these agreements.

Article 9. Measures ensuring that child labour is not used or supplied. The Committee refers to its previous comments in regard to the implementation of the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), particularly in regard to the international trafficking and forced commercial exploitation of girls. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that child labour is neither recruited nor supplied by PEAs, including temporary work agencies.

Article 10. Adequate complaint machineries and procedures. The Government indicates that, in addition to the monitoring of compliance in the areas of labour law and social protection by the Department of Monitoring, Evaluation and Internal Audit of the Ministry of Labour and Social Protection, a working group consisting, inter alia, of representatives of the Ministry and private organizations was established to inspect, evaluate and audit PEAs. The Committee requests the Government to provide detailed information on the structure and operation of the mechanisms and procedures for the investigation of complaints, alleged abuses and fraudulent practices concerning the activities of PEAs, including temporary work agencies.

Articles 11 and 12. Ensuring adequate protection for workers. Allocation of responsibilities between PEAs and user enterprises. The Government’s report refers to the general responsibilities of employers set out in section 6.1 of the Labour Code. The Committee notes that section 6.1 does not address the protection of employees employed by temporary work agencies, as it does it take into account the special characteristics of “triangular” employment relationships. The Committee requests the Government to provide information on the measures taken to ensure protection for workers in the areas set out under clauses (a) through (j) of Article 11, including detailed information on the impact of such measures in practice. It also asks the Government to provide information on the manner in which responsibilities are allocated between PEAs and user enterprises in all areas set out in Article 12, and to provide updated detailed information on developments in relation to amendments of the existing legislative framework.

Article 13. Effective cooperation between the public employment service and PEAs. The Committee notes that section 9.2 of the Employment Promotion Law provides for PEAs to be linked to the integrated employment database based on the conclusions of the Central Job Placement Office. Section 30.1.3 of the Employment Promotion Law permits the State Central Administrative Organization in Charge of Labour Matters to obtain from non-governmental organizations and business entities information, analyses and estimates concerning the labour market. Thus, the Committee requests the Government to communicate detailed information on the manner in which the conditions to promote cooperation between the State Central Administrative Organization in Charge of Labour Matters and PEAs are formulated, established and reviewed, as well as information on consultations with employers’ and workers’ organizations in this regard. In addition, it requests the Government to provide examples of the information that PEAs – including temporary work agencies – provide to the State Central Administrative Organization in Charge of Labour Matters.

Article 14. Inspections. The Committee requests the Government to provide updated detailed information on how the supervision of the implementation of provisions to give effect to this Convention is ensured by the labour inspection service or other competent public authorities. It also requests the Government to provide examples of the remedies foreseen for cases of violations of the Convention including extracts of inspection reports, information on the number of workers covered by the measures giving effect to the Convention and the number and nature of infringements reported.

Application of the Convention. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in Mongolia, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, and the number and nature of infringements reported (Part V of the report form). As no information has been provided, the Committee finally asks the Government to indicate the representative organizations of employers and workers to which copies of the present report have been communicated (Part VI of the report form).

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2016 and 2018 entered into force for Mongolia on 28 February 2021, 8 January 2019, and 26 December 2020, respectively. The Committee draws the Government’s attention to the following issues.

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers’ Federation (ITF) and of the International Chamber of Shipping (ICS), received by the Office on 1 October 2020 and 26 October 2020 and on 4 October 2021 respectively, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Article I of the Convention. General questions on application. Implementing measures. The Committee previously noted the Government’s indication that it is developing new laws and a certification system in line with the Convention and hoped that it will make concrete progress in adopting laws and regulations to give effect to the Convention. The Committee notes that the Government has submitted a copy of the draft new Maritime Law of Mongolia (hereinafter draft Maritime Law) for information. The Government indicates that a Working Group for developing the Draft of the new Maritime Law was established by Order no.157 of the Minister for Road and Transport Development of Mongolia on 23 July 2018 and held several meetings with the participation of different ministries and non-governmental organizations. The Draft Maritime Law was presented to the Parliament of Mongolia on 17 October 2019 and approved on 28 August 2020. After ratification of the new Maritime Law, according to the internal procedure, the following second legislation shall be approved: (i) New Regulation on Ship Registry; (ii) Regulation on Investigation into the Marine Casualty and Incidents; (iii) Regulation on Flag State Inspection and Survey; (iv) Regulation on Oversight and Audit for Recognized Organizations by Flag State; (v) Regulation on Long Range Identification and Tracking System of Vessels; (vi) Regulation on Monitoring and Evaluation of IMO Conventions and Recommendations; (vii) Requirements and Principles of Minimum Safe Manning; and (viii) Regulation on Conduct of Inspection and Survey for Working and Living Condition of Seafarers on-board. The Committee hopes that the revised edition of the draft Maritime Law will be adopted in the near future and will give full effect to the Convention. It encourages the Government to take into account its comments when finalizing the draft Maritime Law and requests the Government to provide a copy of the Law once adopted.

Article II, paragraph 1(f) and 2. Definitions and scope of application. Seafarers. The Committee observes that the provisions of the draft Maritime Law define “crew” as a personnel expert who is responsible to ensure the safe operations of the vessel and a “seafarer” as a person who is working in the crew in order to ensure the safety of the ship, preventing marine environment pollution and protecting the marine environment. The Committee notes that this definition is not in conformity with the Convention. The Committee draws the Government’s attention to the definition of “seafarer” specified in Article II, paragraph 1(f), which covers “any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies”. This definition encompasses not only personnel responsible for the safety of the ship, but also persons working on board in any capacity, such as hotel or catering personnel. The Committee requests the Government to revise the draft Maritime Law to ensure that all persons employed or engaged or working in any capacity on board a ship to which the Convention applies are considered seafarers within the meaning of Article II, paragraph 1(f). Noting that the Government has not provided information on the status of cadets or apprentices, the Committee further requests the Government to indicate whether cadets or apprentices are regarded as seafarers under its national legislation and therefore fully enjoy the protection afforded by the Convention.

Article VII. Consultations. Noting that there are no shipowners’ and seafarers’ organizations in Mongolia, the Committee recalled that under Article VII of the Convention, any derogation, exemption or other flexible application for which the Convention requires consultations may, where representative organizations of shipowners or of seafarers do not exist within a Member, only be decided through consultation with the Special Tripartite Committee established in accordance with Article XIII of the Convention. It invited the Government to have recourse to the consultative arrangement provided for in Article VII of the Convention. Noting the absence of information in this respect, the Committee requests, once again, the Government to have recourse to the arrangements provided for in Article VII of the Convention until a shipowners’ and seafarers’ organization are established in the country.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. In its previous comment, noting that paragraphs 109.2 and 109.3 of the Labour Code 1999 allow for exceptions to the prohibition of the employment, engagement or work on board a ship of any person under the age of 16, the Committee requested the Government to take the necessary measures to bring its legislation into conformity with Standard A1.1, paragraph 1, of the Convention. The Committee notes that Article 11.2. of the draft Maritime Law provides that “Citizens of Mongolia, foreign citizens or stateless persons who are at least 16 years of age, having professional high skills and meeting health requirements shall be employed as a crew member under contractual terms in conformity with applicable international Conventions.” Recalling that no person below the minimum age shall be employed or engaged or work on ship, the Committee requests the Government to clarify whether, once adopted, the provisions of the Maritime Law would be considered lex specialis in this case and would prevail over the Labour Code. The Committee further requests the Government to adopt the necessary measures to amend the Labour Code in order to avoid any inconsistencies in the legislation giving effect to the Convention.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. The Committee previously noted that Article 72.1 of the Labour Code does not define “night” as a period of at least 9 hours as required by the Convention and that there are no provisions in the Labour Code prohibiting night work for seafarers under 18 years. The Committee notes the Government’s indication that Article 73.5 of the draft Maritime Law provides that “Crewman less than 18 years of age shall not work at night watchkeeping.” The Committee further observes that Marine Circular No. 1/214/2020, minimum hours of rest (hereinafter Marine Circular No. 1/214/2020), provides in sub-section 1.7 that “night work of seafarers under the age of 18 shall be prohibited unless the effective training of the seafarers concerned would be impaired or the specific nature of the duty or a recognized training programme requires that the seafarers covered by this exception perform duties at night and it has been determined that the work will not be detrimental to their health or well-being.” The Committee also notes that draft Regulation on carrying out inspection for seafarers’ working and living conditions on board provides in sub-section 7.6 that the employer shall be liable to not allow seafarers under the age of 18 to work on board for long periods and not to assign night work in accordance with Standard A1.1 of the MLC, 2006. While noting this information, the Committee recalls that the responsibility of authorizing strict exceptions to the night work restriction lies with the competent authority and not the shipowner in accordance with Standard A1.1, paragraph 3(b) of the Convention, which requires that “the authority determines, after consultation with the shipowners’ and seafarers’ organizations concerned, that the work will not be detrimental to their health or well-being”. The Committee requests the Government to indicate the measures taken or envisaged to ensure that exceptions to night work are only allowed in conformity with the Convention.

Regulation 1.2 and the Code. Medical certificate. The Committee previously noted that the applicable legislation is silent with regard to: (i) the requirement that duly qualified practitioners must enjoy full professional independence in exercising their medical judgement in undertaking medical examination procedures (Standard A1.2, paragraph 4); (ii) the opportunity for seafarers, who have been refused a certificate or have had a limitation imposed on their ability to work, to have a further examination by another independent medical practitioner or by an independent medical referee (Standard A1.2, paragraph 5); (iii) the requirement that the maximum period of validity of the medical certificate shall be one year for seafarers under the age of 18 (Standard A1.2, paragraph 7); (iv) the permission for seafarers to work without a valid medical certificate in urgent cases (Standard A1.2, paragraph 8); (v) the circumstance when the period of validity of a medical certificate expires in the course of a voyage (Standard A1.2, paragraph 9); and (vi) the requirement that medical certificates must as a minimum be provided in English (Standard A1.2, paragraph 10). The Committee requested the Government to indicate the measures taken or envisaged to give effect to these requirements of the Convention. The Committee notes the Government’s indication that paragraph 2 of article 10 of the Constitution of Mongolia provides that “Mongolia fulfils in good faith its obligations under international treaties to which it is a Party” and that paragraph 3 of Article 10 provides that “The international treaties to which Mongolia is a Party become effective as domestic legislation upon the entry into force of the laws on their ratification or accession”. While noting this information, the Committee observes that the Government has not provided detailed information on how it gives effect to the specific requirements of Standard A1.2, and how the said requirements are implemented in practice. The Committee accordingly requests the Government to take the necessary measures to give effect to the different requirements of Standard A1.2 of the Convention.

Regulation 1.4 and the Code. Recruitment and placement. The Committee previously requested the Government to indicate whether there is an established system for the operation of private seafarer recruitment or placement services in its territory or whether shipowners of ships that fly its flag use seafarer recruitment and placement services based in foreign countries or territories. The Committee notes the Government’s indication that there are no public or private services operating in Mongolia without providing information on the use of seafarers recruitment and placement services based in other countries. The Committee recalls that when using recruitment and placement of seafarers operating in countries or territories in which the Convention does not apply, shipowners of ships flying the Mongolian flag must ensure, as far as practicable, that those services meet the requirements of the MLC, 2006 (Standard A1.4, paragraph 9). The Committee requests the Government to indicate the measures taken or envisaged to give effect to this requirement of the Convention.

Regulation 2.1 and the Code. Seafarers’ employment agreements. The Committee previously noted that the Government has not provided information on the national legislation giving effect to the provisions of the Convention with respect to seafarers’ employment agreements (SEAs). In this regard, the Committee notes that the Labour Code, 1999 does not give effect to the detailed requirements of the Convention and that its provisions are of general application and do not take into account the specificities of the maritime sector. The Committee further notes that the Government has provided an example of a SEA for Vietnamese vessels registered with the Mongolian ship Registry Agency. The provisions of the SEA implement a number of requirements of the MLC, 2006, via Vietnamese legislation. The Committee observes however that the matters included in the SEA have not been included in Mongolian laws or regulations, as required by the Convention. The Committee recalls that the terms and conditions for employment of seafarers on board ships flying its flag shall be subject to Mongolia’s national laws and regulations. Noting that seafarers working on board ships flying the flag of Mongolia are in at least one instance subject to foreign national provisions based on the origin of the vessels, the Committee recalls that the implementation of Regulation 2.1 and the Code is a central element to ensure that seafarers benefit from the protection provided by the Convention and therefore requests the Government to adopt the necessary measures without delay to give full effect to these provisions of the Convention, both in law and in practice. The Committee also reiterates its previous request to the Government to clarify the legal status of the Articles of Agreement (which are apparently not binding) and explain the relationship with the SEA.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and Standard A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. In relation to the 2018 amendments to the Code, the Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; (b) how are the terms piracy and armed robbery against ships defined under national legislation? (Standard A2.1, paragraph 7); and (c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7). The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions.

Regulation 2.2 and Standard A2.2, paragraphs 3, 4 and 5. Wages. Allotments. Noting that the Articles of Agreement state that a portion of a seafarer’s earnings may be allotted to his/her family if the master and the seafarer agree, the Committee observed that this would imply that the allotment of the seafarer’s wages has to be agreed by both the master and the seafarer. The Committee recalled that Standard A2.2, paragraphs 3 and 4 does not provide for the prior authorization by the master for seafarers to transmit their earnings to their family and requested the Government to indicate the measures to ensure conformity with Standard A2.2, paragraphs 3 and 4. The Committee also requested the Government to indicate how effect is given to the requirement of Standard A2.2, paragraph 5 that any charge for this service is reasonable in amount and the rate of currency exchange, unless otherwise provided, is, in accordance with national laws or regulations, at the prevailing market rate or the official published rate and not unfavourable to the seafarer. In the absence of information in this regard, the Committee once again requests the Government to indicate the measures envisaged or adopted to give effect to Standard A2.2.

Regulation 2.3 and Standard A2.3, paragraphs 5, 6 and 13. Hours of work and hours of rest. Division of hours of rest. Noting that the national provisions do not provide for minimum hours of rest of less than 77 hours in any seven-day period, as required under Standard A2.3, paragraph 5(b)(ii), the Committee requested the Government to indicate the measures taken or envisaged to modify its legislation in order to ensure that effect is given to this requirement of the Convention. The Committee notes the Government’s indication that Marine Circular No. 1/214/2020 gives effect to the requirements for minimum hours of rest on board Mongolian vessels in sub-sections 1.4.1 and 1.4.2 by providing that the minimum hours of rest shall not be less than 10 hours in any 24-hour period, which may be divided into no more than two periods – one of which shall be at least 6 hours in length, and no more than 14 hours between consecutive periods; and 77 hours in any 7-day period. While observing that Marine Circular No. 1/214/2020 does not provide for exceptions to the limits set out in Standard A2.3, paragraphs 5 and 6, the Committee notes that Marine Circular 1/213/2020 on principles of watchkeeping provides that the hours of rest may be divided into no more than two periods, one of which shall be at least six hours in length; and that during overriding operational conditions, the minimum period of ten hours may be reduced to a minimum of six consecutive hours on condition that any such reduction shall not extend beyond two days and not less than seventy hours of rest are provided in each seven day period. Exceptions to the established limits on hours of work or the minimum hours of rest are also provided for in Regulation 59(3)(c)(iii) of the Merchant Shipping (certification and Manning) Rules, 2003. The Committee recalls that the limits on hours of work or rest shall not exceed those established under Standard A2.3, paragraph 5, and that any exceptions to paragraphs 5 and 6 of this Standard which do not fall within those covered by paragraph 14 (immediate safety of the ship, persons on board or cargo, or assistance to other ships or persons in distress at sea), including those provided for in the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), as amended, must follow the requirements of Standard A2.3, paragraph 13, and be provided by collective agreements. The Committee therefore requests the Government to indicate if any exceptions to the minimum hours of rest for watchkeepers have been permitted up to this date and to indicate the measures taken or envisaged to ensure that any exceptions to the provisions set out in Standard A2.3, paragraphs 5 and 6, other than those justified under paragraph 14 of the same Standard, are only provided through a collective agreement, and not fixed by law, as required by Standard A2.3, paragraph 13.

Regulation 2.3 and Standard A2.3, paragraph 14. Hours of work and hours of rest. Immediate safety and distress at sea. Noting that the Articles of Agreement provide that work performed in excess of eight hours per day shall not be compensated for when necessary for the safety of the vessel, its passengers, officers, crew, cargo or for the saving of other vessels, lives or cargo, or for the performance of fire, lifeboat or other emergency drills, the Committee requested the Government to indicate the steps taken or envisaged to ensure compliance with the requirement of Standard A2.3, paragraph 14 that as soon as practicable after the normal situation has been restored, the master shall ensure that any seafarer who has performed work in a scheduled rest period is provided with an adequate period of rest. The Committee notes that subsection 1.8 of Marine Circular No. 1/214/2020 gives effect to this requirement of the Convention. The Committee takes note of this information, which addresses its previous request.

Regulation 2.4 and Standard A2.4, paragraphs 1 and 2. Entitlement to leave. Noting that the provisions in the Labour Code, 1999 do not give effect to the requirements of Regulation 2.4, paragraph 2 (seafarers to be granted appropriate shore leave), nor Standard A2.4, paragraph 2 (annual leave with pay entitlement to be calculated on the basis of a minimum of 2.5 calendar days per month of employment), the Committee requested the Government to indicate the measures taken or envisaged to take account of the special needs of seafarers with respect to leave and ensure conformity with these requirements of the Convention. Noting that the Government did not provide an answer on this point, the Committee reiterates its request to the Government to adopt the necessary measures to ensure that its laws and regulations determine the minimum standards for annual leave for seafarers serving on ships that fly its flag.

Regulation 2.4 and Standard A2.4, paragraph 3. Entitlement to leave. Prohibition of agreements to forgo annual leave. The Committee previously noted that section 79 of the Labour Code, 1999, states that an employee who has not taken his or her annual vacation due to an unavoidable work need, may be paid monetary remuneration instead and that the procedure for paying compensation shall be governed by the collective agreement or by the employer’s decision in case there is no collective agreement. Recalling that Standard A2.4, paragraph 3, prohibits any agreement to forgo the minimum annual leave with pay, except in cases provided for by the competent authority, the Committee requested the Government to indicate the measures taken or envisaged to give full effect to Standard A2.4, paragraph 3. Noting that the Government has not provided information in this regard, the Committee therefore once again requests the Government to indicate the measures taken to give effect to Standard A2.4, paragraph 3.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2 (a). Repatriation. Circumstances. While noting that the model SEA provided by the Government seems to cover the circumstances under which seafarers are entitled to repatriation in accordance with Standard A2.5.1, paragraphs 1, the Committee observes that the terms and conditions of employment included in the SEA are subject to foreign legislation. The Committee further notes that there does not seem to be any other relevant provisions in Mongolia’s laws and regulations or other measures or in collective bargaining agreements regulating the repatriation of seafarers. In the absence of detailed information in this regard, the Committee requests the Government to take the necessary measures to ensure that there are appropriate provisions in its laws and regulations or other measures or in collective bargaining agreements prescribing the circumstances in which seafarers are entitled to repatriation in accordance with Standard A2.5.1, paragraphs 1 and 2(a).

Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. The Committee observes that the model SEA provides that the maximum period of service following which the seafarer will be entitled to repatriation at no cost is 12 months. The Committee also notes that the terms of the contract are entered into for 10 months from the date of joining the vessel and that this term may be increased or decreased by two months. The Committee recalls that from the combined reading of Standard A2.4, paragraph 3, on annual leave, and Standard A2.5.1, paragraph 2(b), on repatriation, it flows that the maximum continuous period of shipboard service without leave is, in principle, 11 months. The Committee requests the Government to adopt measures without delay to ensure that the maximum continuous period of service on a ship without leave is limited to 11 months, including in the event of the terms of the contract being extended.

Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. In the absence of clear information from the reading of the model SEA and the Articles of Agreement as to the items of expense (including accommodation and food) to be covered by the shipowner in the case of repatriation, the Committee requested the Government to indicate what are the precise entitlements to be accorded by shipowners for repatriation, as required by Standard A2.5.1, paragraph 2(c). The Committee also requested the Government to indicate how, in relation with the place of repatriation, it has given due consideration to Guideline B2.5.1, paragraphs 6 and 7, according to which seafarers should have the right to choose from among the prescribed destinations the place to which they are to be repatriated. The Committee notes the Government’s indication that Article 21.2 of the draft Maritime Law provides that the shipowner shall be liable via insurance services for the expenses related to wages for crew of vessels, any other payments to them and repatriation cost to their home country. While noting this information, the Committee notes that there is no precise indication as to what the costs to be borne by the shipowner for repatriation of seafarers should entail. The Committee recalls that Standard A2.5.1, paragraph 2(c) provides that each Member shall ensure that there are appropriate provisions in its laws and regulations or other measures or collective bargaining agreements, prescribing the precise entitlements to be accorded by shipowners for repatriation. Furthermore, the Committee recalls that under Guideline B2.5.1, paragraphs 6 and 7, seafarers should have the right to choose the place to which they are to be repatriated among: the place at which they entered into the agreement; the place stipulated in collective agreement; the country of residence; or the place agreed upon at the time of engagement. The Committee requests the Government to adopt the necessary measures to give effect to these provisions of the Convention regarding the precise entitlements to be accorded by shipowners for repatriation.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee previously noted that the model SEA states that a seafarer may not be entitled to repatriation at the expense of the shipowner in circumstances where he/she has been dismissed on disciplinary grounds or has breached his/her obligations under the SEA. In such circumstances the shipowner will be still liable to repatriate him/her but is entitled to recover, from any wages due to the seafarer, the cost of doing so. Recalling that the possibility provided by the Convention to recover the cost of the repatriation from the seafarer is conditioned to a finding of serious default of the seafarer’s employment obligations, in accordance with national laws or regulations or other measures of applicable collective bargaining agreements, the Committee requested the Government to indicate how it ensures that seafarers only pay the costs of repatriation where they have been found to be in serious default of their obligations, pursuant to the conditions set out in Standard A2.5.1, paragraph 3, and to indicate the procedure to be followed and the standard of proof to be applied before a seafarer can be found to be in serious default. Noting that no information has been provided in this respect, the Committee reiterates its previous request.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. It notes with interest that Marine Circular No. 1/198/2020 on the amendments of 2014 to the MLC, 2006, regarding new compulsory financial requirements pertaining to the repatriation of abandoned seafarers and work injury compensation gives effect to the requirements of Standard A2.5.2. The Committee takes note of this information.

Regulation 2.6 and Standard A2.6, paragraph 1. Compensation for the ship’s loss or foundering. Unemployment indemnity. Noting the Government’s indication that Regulation 2.6 and Standard A2.6 are implemented through protection provided by insurance companies, the Committee requested the Government to indicate how effect is given to the requirement that seafarers be entitled to adequate compensation in the case of injury, loss or unemployment arising from the ship’s loss or foundering, as required by Regulation 2.6, paragraph 1. The Committee notes the Government’s indication that article 6.4 of the model SEA provided by the Government states that seafarers are entitled to receive from the shipowner compensation for any unemployment resulting from the loss of the ship or its foundering and shall be paid for every day of effective unemployment, in accordance with the wages payable pursuant to the SEA. Shipowners may limit the total amount of compensation payable to seafarers to an amount no over three months of basic wage. Noting that the terms and conditions of the SEA provided by the Government are regulated by foreign legislation, the Committee recalls that each Member shall make rules ensuring that in every case of loss or foundering of any ship, the shipowner shall pay to each seafarer on board an indemnity against unemployment arising from such loss or foundering and requests the Government to indicate how it ensures that the protection of Standard A2.6 of the Convention benefit all seafarers working on board vessels registered with Mongolia’s Ship Registry who may be subject to various foreign provisions.

Regulation 3.1 and the Code. Accommodation and recreational facilities. Noting the absence of reference to national legislation or regulations, the Committee requested the Government to specify the legislative or regulatory provisions with respect to accommodation and recreational activities and to provide detailed information on the provisions implementing the different requirements of Standard A3.1. The Committee notes the Government’s indication that paragraph 31.5 of the draft Maritime Law provides that a Flag state inspector or surveyor shall conduct inspection and surveys on labour conditions of crew, accommodation to live and work, supply of provisions, protection of health, medical aid and service as well as equipment of safe operations along with verifying certificate of competency granted to seafarer. The Committee further observes that the draft Regulation on carrying out inspection for seafarers’ working and living conditions on board, as well as the draft Regulation on Flag State Inspection and Survey state that inspections shall be carried in relation to the rest and accommodation area’s interior, general condition, cleaning, insulation and isolation. While noting this information, the Committee observes the absence of detailed requirements and recalls that Standard A3.1 provides that each Member shall adopt laws and regulations requiring that ships that fly its flag meet minimum standards respecting accommodation and recreational facilities and are inspected to ensure initial and ongoing compliance with these standards. The Committee requests the Government to adopt laws and regulations without delay in accordance with Regulation 3.1 and the Code and to provide information on this subject.

Regulation 3.2 and the Code. Food and catering. Noting the absence of information on any detailed standards regarding food and catering, the Committee requested the Government to indicate how it gives effect to the different requirements of Standard A3.2. The Committee notes that the draft Regulation on carrying out inspection for seafarers’ working and living conditions on board provides in paragraphs 8.2 et seq. that inspection shall be carried out on crew’s working place, recreational facility and safety equipment, such as whether the drinking water and water supply management is sufficient and with respect to the general and hygienic condition of mess room, galley, food storage and sanitation of kitchen hood and oil filter. The Committee observes however that these provisions are silent with respect to a number of other requirements of Standard A3.2 and recalls that each Member shall adopt laws or regulations or other measures to provide minimum standards for the quantity and quality of food and drinking water and for the catering standards that apply to meals provided for seafarers on board ships that fly its flag. The Committee therefore requests the Government to indicate the measures envisaged or taken to give effect to the provisions of the Convention to ensure that: (i) ships that fly its flag meet the minimum standards with respect to food and drink supplies, having regard to the number of seafarers on board, their religious requirements and cultural practices and the duration and nature of the voyage (Standard A3.2, paragraph 2(a)); (ii) the organization and equipment of the catering department shall be such as to permit the provision to the seafarers of adequate, varied and nutritious meals prepared and served in hygienic conditions (Standard A3.2, paragraph 2(b)); (iii) catering staff shall be properly trained or instructed for their position (Standard A3.2, paragraph 2(c)); (iv) all ships operating with a prescribed manning of more than ten carry a fully qualified cook (Standard A3.2, paragraph 5); (v) in circumstances of exceptional necessity, the limitation of a dispensation permitting a non-fully qualified cook to service in a specified ship only until the next convenient port of call or for a period not exceeding one month (Standard A3.2, paragraph 6); and (vi) documented inspections are carried out in scheduled frequency, in accordance with the ongoing compliance procedure under Title 5 (Standard A3.2, paragraph 7).

Regulation 4.1 and the Code. Medical care on board and ashore. The Committee requested the Government to indicate the measures taken or envisaged to give full effect to the requirements of Regulation 4.1 and Standard A4.1. The Committee observes that section 9 of the Mongolia Merchant Shipping (Certification & Manning) Rules, 2003 provides that a qualified medical practitioner shall be carried on every foreign-going ship having 100 persons or more on board as part of her complement. It further notes that the model SEA states that “If the seafarer requires medical care while on-board this will be provided free of charge, including access to necessary medicines, medical equipment and facilities for diagnosis and treatment and medical information and expertise. Where practicable and appropriate, the seafarer will be given leave to visit a qualified medical doctor or dentists in ports of call for the purpose of obtaining treatment and notice must be sent to owner in writing.” The Committee observes that there does not seem to be any other national provisions prescribing the requirements for medical care on board ship and ashore. In the absence of more detailed provisions, the Committee recalls that Standard A4.1 requires the adoption of measures to ensure that seafarers are given health protection and medical care. The Committee therefore requests the Government to adopt the necessary measures to give effect to the requirements of Regulation 4.1 and Standard A4.1 of the Convention.

Regulation 4.2 and the Code. Shipowners’ liability. The Committee previously noted that the model SEA implements some requirements of Standard A4.2.1 regarding the right of the seafarer to material assistance and support with respect to the financial consequences, including burial expenses, of sickness, injury or death occurring while serving under seafarers’ employment agreements or arising from their employment under such agreements. Noting however that the Government has not adopted legal provisions in this regard as required by Standard A4.2.1, paragraphs 1–4, the Committee requested it to indicate the laws or regulations adopted or envisaged to give effect to these requirements of the Convention. The Committee notes the Government’s indication that Paragraph 21.2 and Sub-paragraph 21.2.2 of the draft Maritime Law provide that the shipowner shall involve following expenditures into the insurance services, including lives and health of captain and crewmen of vessel. Noting however that the provisions of the draft Maritime Law provide for the shipowner’s liability in general terms without giving effect to the detailed requirements of Regulation 4.2 and the Code, the Committee reiterates its previous request.

Regulation 4.2 and Standard A4.2.1, paragraph 7. Shipowners’ liability. Safeguarding of property left on board. The Committee previously noted that while the model SEA refers to the return of the property of the seafarer to his/her next of kin in the event of death, there is no reference to the safeguard of the seafarer’s property in the event also of injury or sickness as provided for under Standard A4.2.1, paragraph 7. The Committee requested the Government to indicate how full effect is given to this provision of the Convention. Noting the absence of information in this respect, the Committee reiterates its previous request.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. In this regard, the Committee notes with interest the Government’s indication that Marine Circular No. 1/198/2020 on the amendments of 2014 to the MLC, 2006, regarding new compulsory financial requirements pertaining to the repatriation of abandoned seafarers and work injury compensation, complies with the new provisions of the Convention. The Committee takes note of this information.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. Noting that the Government has not provided detailed information on any national laws and regulations and other measures, including the development and promulgation of national guidelines for the management of occupational safety and health, taken to protect seafarers that live, work and train on board ships flying its flag, the Committee requested the Government to explain how it gives effect to the detailed requirements of Regulation 4.3 and Standard A4.3. The Committee notes the Government’s indication that Article 21.1.1 of the draft Maritime Law with respect to obligations pertaining to the labour relations of crewmen on-board provides that the shipowner shall ensure occupational safety. The Committee further observes that the draft Regulation on carrying out inspection for seafarers’ working and living conditions on board states that the employer shall be liable: (i) to take measures for providing and maintaining occupational health, safety working and living workplace, ensuring safety and comfortable condition of living room and providing good quality of food, equipment, recourse and tools (paragraph 7.2); (ii) to pay special attention to the health of seafarers (paragraph 7.3); (iii) to pay seafarers’ salary and rewards in timely manner in accordance with the relevant employment agreement (paragraph 7.4); and (iv) to take control over the working condition, occupational safety of seafarers and safety rules (paragraph 7.5). The Committee however notes that these draft provisions are of a general nature and that they do not cover all the requirements under Regulation 4.3 and Standard A4.3. The Committee therefore requests the Government to provide detailed information on the following: (i) development of national guidelines for the management of occupational safety and health on board ships, taking into account applicable codes, guidelines and standards recommended by international organizations, national administrations and maritime industry organizations (Regulation 4.3, paragraph (2); (ii) adoption of laws and other measures for effective implementation and promotion of occupational safety and health policies and programmes on ships, including training and instruction of seafarers (Standard A4.3, paragraph 1(a)); (iii) laws and regulations and other measures specific to maritime employment addressing all matters in Standard A4.3, paragraphs 1 and 2, and in particular measures taken to protect seafarers under the age of 18 (Standard A4.3, paragraph 2(b)) and obligation to establish ship’s safety committee on board a ship with five or more seafarers (Standard A4.3, paragraph 2(d)); and (iv) manner in which occupational accidents and diseases relating to seafarers covered by the Convention are reported and investigated, and statistics in that regard are published (Standard A4.3, paragraph 5).

Regulation 4.5 and the Code. Social security. In its previous comment, the Committee requested the Government to specify the legislative or regulatory provisions that provide protection in the branches of social security specified at the time of ratification (medical care, sickness benefit and employment injury benefit) for seafarers ordinarily resident in Mongolia and, to the extent provided for in its national law, their dependants. The Committee notes the Government’s indication that there are no resident seafarers in Mongolia. The Committee further observes that the Government has not provided information on its obligation, under Standard A4.5, paragraph 6, to give consideration to the various ways in which comparable benefits will, in accordance with national law and practice, be provided to seafarers on board ships that fly its flag, in the absence of adequate social security coverage. The Committee recalls that although the primary obligation rests with the Member in which the seafarer is ordinarily resident, Standard A4.5, paragraph 6, provides that Members have an obligation to give consideration to the various ways in which comparable benefits will, in accordance with national law and practice, be provided to seafarers in the absence of adequate coverage in the applicable branches of social security. The Committee therefore requests the Government, once again, to provide information on any measures adopted or envisaged to give effect to Standard A4.5, paragraph 6.

Regulation 5.1.1 and the Code. Flag State responsibilities. General principles. The Committee previously requested the Government to provide detailed information on the ship inspection and certification system set up to ensure implementation of its obligations under this Convention on ships that fly its flag. The Committees notes the Government’s indication that article 20 of the draft Maritime Law provides that the living and working conditions on board ships flying Mongolia’s flag shall be regulated in national laws and regulations and inspected by flag state inspectors to verify compliance with the Law on Labour of Mongolia, the MLC, 2006 and the STCW. The Committee also takes note of the draft Regulation on carrying out inspection for seafarers’ working and living conditions on board, which prescribes how inspections by the Flag state are conducted to ensure whether the crew of the vessels registered under the ship registry of Mongolia are being paid, taking annual leave and fully provided with working and living conditions in accordance with the MLC, 2006. The Committee requests the Government to provide information on any development with respect to the adoption of these texts and to provide a copy of the texts once adopted.

Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. Noting that the provisions of the Merchant Shipping (Certification and Manning) Rules, 2003, provide that recognized organizations are granted the power to require rectification of deficiencies on ships and to carry out inspections to verify compliance in accordance with the International Maritime Organization (IMO) Conventions, the Committee requested the Government to take the necessary measures to ensure that recognized organizations also carry out inspection and certification of seafarers’ working and living conditions in accordance with the MLC, 2006 requirements. The Committee notes the Government’s indication that Article 28 of the draft Maritime Law authorizes recognized organizations to conduct inspections and surveys, including to verify that the shipowner complies with its labour obligations. The Committee further observes that the draft Regulation on carrying out inspection for seafarers’ working and living conditions on board also prescribes in paragraph 4 that the flag state shall carry out inspection of seafarers’ welfare and employment rights for compliance with the MLC, 2006 and that such function can be carried out through recognized organizations authorized by the flag State. The Committee welcomes this information and requests the Government to provide information on the progress made towards the adoption of these new provisions, and to provide a copy of the texts once adopted.

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime Labour Certificate and the Declaration of Maritime Labour Compliance. The Committee previously noted that the Government has not adopted any laws or regulations implementing the provisions with respect to the Maritime Labour Certificate and the Declaration of Maritime Labour Compliance (DMLC). It further noted that the Government has not provided a copy of the maritime labour certificate and while it has provided a copy of the DMLC, Part I, the document refers for the most part to provisions of IMO Conventions or of the MLC, 2006, without however specifying the relevant national legal provisions. The Committee requested the Government to indicate the measures envisaged to give full effect to Standard A5.1.3 and to amend accordingly the DMLC, Part I, to fully implement Standard A5.1.3, paragraph 10(a), so as to ensure that it provides a reference to the relevant national legal provisions embodying the Convention, and, to the extent necessary, concise information on the main content of the national requirements. While noting that the Government has provided a copy of the maritime labour certificate, the Committee however observes that it does not provide information as to the adoption of any measures to give effect to Regulation 5.1.3 and Standard A5.1.3 with respect to the requirements of the certification of the working and living conditions of seafarers on board in accordance with the Convention. The DMLC, Part I communicated by the Government does not refer as noted previously to the relevant national legal provisions implementing the requirements of the Convention. Noting the absence of information in this regard, the Committee reiterates its previous comment and requests the Government to provide one or more examples of an approved DMLC, Part II.

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. Noting in particular that there are no national provisions giving effect to the requirements of Regulation 5.1.4 and Standard A5.1.4 to establish an effective and coordinated system of regular inspections to ensure that ships flying Mongolia’s flag comply with the requirements of the Convention, the Committee requested the Government to indicate the measures adopted in this regard. The Committee notes that the draft Regulation on carrying out inspection for seafarers’ working and living conditions on board and the draft Regulation on flag State inspection and survey prescribe the minimum requirements with respect to qualifications and training of flag State inspections and the duties and procedures that inspectors must follow to conduct inspections, as well as the tasks that they shall carry. While noting this information, the Committee however observes that the Government has not provided detailed information on the national measures adopted to give effect to Regulation 5.1.4 and Standard A5.1.4, in particular measures taken to ensure: (i) the intervals at which inspections have to be carried out (Standard A5.1.4, paragraph 4); (ii) the procedures for receiving and investigating complaints (Standard A5.1.4, paragraphs 5, 10, 11(b) and 12); (iii) the penalties to be imposed in case of deficiencies under the Convention (Standard A5.1.4, paragraph 7(c)); and (iv) the compensation to be payable in accordance with national laws and regulations for any loss or damage suffered as a result of the wrongful exercise of the inspectors’ powers (Standard A5.1.4, paragraph 16). The Committee requests the Government to indicate the measures taken to give full effect to these provisions of the Convention.

Regulation 5.1.5 and Standard A5.1.5. Flag State responsibilities. On-board complaint procedures. Noting that the Government has not provided information on how it gives effect to the requirements for on-board complaint procedures, the Committee requested the Government to indicate the measures taken to implement Standard A5.1.5. Noting the absence of reply in the Government’s report, the Committee once again requests the Government to indicate how it gives effect to Standard A5.1.5 on board Mongolian-flagged ships.

[The Government is asked to reply in full to the present comments in 2024.]

Articles 1 and 2 of the Convention. Structure and functioning of the free public employment service. In its previous comments, the Committee requested the Government to provide detailed information, including statistics disaggregated by sex and age, on the impact of the measures taken by the public employment services to ensure the best possible organisation of the labour market with a view to promoting the effective recruitment and placement of workers. The Government indicates that departments of labour and social welfare of the aimags (provinces) and the Capital city and its districts provide national employment services. The Committee notes that in 2016-2018, employment services have registered 185 thousand vacancies and placed 124.6 thousand citizens in employment. It further notes that in the first nine months of 2019, the employers have notified 39,989 vacancies, 20.4 thousand workers were registered as unemployed and 24,860 jobseekers were placed in employment, including 12,738 women and 5,667 young workers (age 15-24). The Committee requests the Government to continue to provide information on the activities carried out by the employment services and on the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by the national employment services.

Articles 3(2) and 6. Establishment and organisation of national employment offices. Collection and analysis of information on the employment market. The Committee previously requested the Government to indicate what provision is made to review and modify, where necessary, the network of national employment service offices in order to meet the changing requirements of the labour market. The Committee further requested the Government to provide information on the activities carried out by the employment services and measures taken or envisaged to anticipate future labour market needs in order to assist the current labour force to adapt to those needs. The Government indicates that the Law on Government Structure can be amended for the purpose of re-organising or changing Ministries’ mission, strategies or structure. It further indicates that the above-mentioned law has been amended, in 2016, to merge the Ministry of Population Development and Social Protection and the Ministry of Labour into a single Ministry of Labour and Social Protection in order to harmonise employment promotion and social welfare policy. In addition, in 2017, the Employment Service Centre, the Central Labour Exchange and general departments of Social Welfare Services were re-organised to create a single agency for the optimal implementation of employment policy. Currently, the Labour and Social Welfare agency is the only agency in charge of providing employment services at the aimag and in the capital city. With regard to the labour market, the Committee takes note of the information provided by the Government on the collection and analysis of the labour market information and the activities of the online platform of employment services. The Government indicates that a new Research Institute for Labour and Social Protection was established within the Ministry’s structure. The Institute has conducted studies on “Wage Structures”, “Barometers of the Labour Market Demands”, “Employment Rates of Graduates”, “Youth Unemployment and Economic Inactivity”, “Assessment of Impacts of the Programs and Projects financed by the Employment Promotion Fund”, and other researches in order to provide information to the general public and make recommendations on the labour market to policy-makers. The Committee requests the Government to provide updated detailed information, including statistical information on the impact of re-organisation and restructuring of the employment services, indicating in particular, whether and in what manner such re-organisation has contributed to maintaining a free public employment service and to ensuring “the best possible organisation of the employment market”. The Committee further requests the Government to provide information on the impact of the activities carried out by new Research Institute for Labour and Social Protection, in particular, with regard to identification of current and anticipation of future labour market needs.

Articles 4 and 5. Consultation with social partners. In its previous comments, the Committee requested the Government to provide further information on the manner in which the representatives of employers’ and workers’ organisations are consulted on the organisation and operation of the employment service and the development as well as the implementation of national employment policy. The Government indicates that in conformity with the Law on Employment Promotion, Councils of representatives, composed of representatives of the Government, employers and workers are established at national, aimag, the Capital city and district. The Councils are entrusted, among other tasks, with the development of proposals, policies, strategies and programs for employment promotion as well as with making assessments on the outcome of employment promotion measures, the submission of conclusions and recommendation on various issues to the competent authorities. The Committee notes that in order to ensure the full representation of the employers and workers in discussions and decision-making processes, the quorum for the validity of any Councils’ meeting is established at not less than 75 per cent of its members. The Committee requests the Government to provide information on consultations held with the employers’ and workers’ organisations with a view to securing their cooperation in the organisation and functioning of the public employment service.

Article 6(b). Activities of the employment service. Labour mobility and migration. The Committee previously requested the Government to provide details on the measures taken or envisaged by the employment service to support internal labour migrants and to facilitate the professional or geographic mobility of workers, including statistical data indicating the number of migrant workers benefitting from such services, particularly internal migrant workers and the results achieved by the employment services in providing jobs for rural workers seeking employment in urban areas. The Committee notes the detailed statistics provided by the Government, in particular, it notes that in the first nine months of 2019, some 39,332 people have participated in employment promotional activities and 110,080 workers have used the general employment services. With regard to migrant workers, the Government indicates that various measures have been taken in accordance with the national employment policy to reduce the continued migration from the countryside to the capital city (Ulaanbaatar). In this regard, the National Program for Reduction of Unemployment and Poverty has been implemented to create jobs in provinces and rural areas. In addition, the “Program to support Herders” was implemented in 2018-2019 to provide permanent employment and income resources to contract workers that migrate from cities to rural areas to work as herders. The Committee notes that, from 2018 to September 2019, the programme has placed 521 herders in contracting and permanent employment. It further notes that the migration rate is declining as the immigration from the countryside to the capital city has decreased from 25.1 thousand in 2016 to 6.7 thousand in 2018 and the emigration from Capital city to the countryside has decreased from 14.3 thousand in 2016 to 6.3 thousand in 2018. The Committee requests the Government to continue to provide information on specific activities undertaken with a view to promoting employment in rural areas, including information on steps taken to promote labour mobility and protect migrant workers.

Articles 7 and 8. Particular categories of applicants for employment. Special arrangements for young workers. In its previous comments, the Committee requested the Government to provide information, including up-to-date statistics, disaggregated by sex and age, on the impact of measures taken to meet the employment needs of particular categories of jobseekers, including young persons, women, the long-term unemployed and persons with disabilities. The Committee also requested the Government to provide specific information on the impact of measures taken to facilitate specialisation by occupation or by industry in the various employment offices. The Government was also requested to provide information on the outcome of measures taken to facilitate the transition of young persons into the labour market and on the number of young participants in the vocational training programmes, disaggregated by sex and age. The Government indicates that in accordance with the Law on Employment Promotion and its regulations, the National Employment Council has approved, in 2019, various programmes, such as “Employer Promotion Programme”, “Employment Training Programme”, “Preparation for Employment Programme”, “Job Support Program”, “Program to Support Youth Employment and start-up Businesses”, “Program to Support Jobs for Persons with Disabilities” and “Program to Support Herders’ Employment”. These programmes aim to improve the business environment, facilitate specialisation by occupation and provide employment support to categories of workers who face particular difficulties in securing employment (i.e., persons with disabilities, labour aged and out of orphan’s house, persons released from correction). The Government further indicates that the employment policy is applied ensuring gender equality and creating equal opportunity for business-women to obtain small loans, financial support and incentive to improve their economic capacity, to engage in employment services and to improve their professional knowledge and skills. In this respect, the Committee notes the statistical information provided by the Government, in particular, it notes that from 2017 to September 2019, out of 99,033 people registered in programmes to support businesses, micro-businesses and employment, 55,317 were women. It further notes that the programmes to support labour skill and job preparedness have benefited to 26,017 participants out of which 13,961 were women. The women have also participated in other programmes such as the Programme to support youth (12,570 participants out of which 6,274 were women), Programme to support jobs for people with disabilities (17,782 participants out of which 8,614 were women) and the Programmes to support herders’ employment (18,930 participants out of which 6,240 were women). With regard to youth employment, the Committee notes that as of September 2019, the “Program to Support Youth Employment and start-up Businesses” which provides support to start-ups and promotes sustainable business management for young people aged 15-34, has benefited to 3,701 young people (of which 1,950 female) and spent MNT 2,414,208.2 providing 478 jobs. In addition, as of September 2019, out of 20.4 thousand registered unemployed persons, 3,679 were aged 15-24 years (2,020 females and 1,659 males), 7,875 aged 25-34 years (4,372 females and 3,503 males) 5,074 aged 35-44 years (2,793 females and 2,281 males), 2,984 aged 45-54 years (1,570 females and 1,414 males), and 801 aged 55 year and over (286 females and 515 males).With regard to people with disabilities, the Committee notes that, as of September 2019, 17,782 persons with disabilities have participated in employment promotion programmes (8,614 women), 1,283 have received job support and 105 have taken part in training programmes (56 women). The Committee requests the Government to provide further information on the measures taken with regard to specialisation by occupation or branch of activity in the employment service, as well as those taken to respond adequately to the needs of particular categories of jobseekers, such as women, persons with disabilities and other vulnerable jobseekers. It also requests the Government to continue to provide information on the activities carried out under the initiatives undertaken by the Government to promote employment of young persons, including statistical data disaggregated by gender and age, on the outcome of employment services programmes in terms of placing young people in lasting employment.

Articles 9 and 11. Training of employment service staff. Cooperation between public employment service and private employment agencies. The Committee requested the Government to provide specific information on the measures taken or envisaged for the training of the staff of the employment service both when entering service and any further training, particularly with respect to the needs of particular categories of applicants for employment, such as young persons, women, the long-term unemployed and persons with disabilities. The Committee also requested the Government to provide information on any developments regarding the measures taken to secure effective cooperation between the public employment service and the private employment agencies. The Government indicates that the Law on Public Services stipulates in Clause 29.1 “a citizen after been appointed to the public service shall be involved in short-term and medium-term trainings”. In this respect, the Ministry of Labour and Social Protection provides a level-by-level training and capacity building for the entry-level staff who become in charge of delivering employment services. The Government further indicates that in 2017-2018 a master degree program on work and professional orientation was included in curricula of the National University of Mongolia. From 2017 to 2019, 51 students have completed the curricula out of which 27 were staff members. The Committee notes that from 2017 to 2019, a total of 3,809 employment services staff have benefited, both at the time of their appointment and during their career, from the training and capacity building programmes designed to improve their professional performance in areas such as labour, social and professional orientation, at aimag, district and counties level. With regard to the private employment agencies, the Government indicates that the Law on Employment Promotion and the “Rules of Registration and Financing Private Employment Agencies” regulate the performance of these agencies. The Committee notes that 37 private employment agencies were certified to practice in 2019 and 21 of these agencies, which are active in the labour market, have received MNT 12.0 million funding. The Committee further notes that in order to improve the legal regulation of the private employment agencies, the Ministry is considering amending the Law on Employment Promotion and its respective Rules. The Committee requests the Government to continue providing information on the vocational training provided for employment service staff with an indication of the frequency of training courses and their content, and to report their impact, and particularly their effect in practice in terms of reinforcing the capacity of the employment services in the exercise of their functions, particularly with respect to young persons, women, the long-term unemployed and persons with disabilities. The Committee, once again, requests the Government to provide information on any measures taken or envisaged to secure effective cooperation between the public employment service and the private employment agencies. It also requests the Government to continue to provide information on the number of participants in the training courses and the total number of staff members assigned to employment services in the country. In addition, the Government is requested to provide further information on proposed amendments to Law on Employment Promotion and its regulations and to submit copies once they are adopted, in accordance with point I of the report form.

The Committee takes note of the information provided by the Government in light of the decision adopted by the Governing Body at its 338th session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the information contained in the Government's report received in September 2020.

Articles 1 and 2 of the Convention. Employment trends, implementation of an active employment policy and measures to address the COVID-19 pandemic. In its previous comments, the Committee requested the Government to provide information, including statistical data disaggregated by age and sex, on the impact and effectiveness of active labour market measures taken under the national employment policy to reduce unemployment and promote the objectives of full, productive and freely chosen employment. The Committee has also requested the Government to provide disaggregated data on the labour market situation, levels and trends of employment, unemployment and underemployment. The Government indicates that active labour market policies and employment promotion measures are implemented through the standard labour market services and employment promotion measures (Clause 6.2 of the Law on Employment Support) to support full and productive employment. In this regard, the Committee notes the detailed statistics provided by the Government in its report on employment trends, services and funding for the period 2016-2019. In particular, the Committee notes that during the period 2016-2018, the Employment Promotion Fund allocated 66.4 billion Mongolian tugrik (MNT) to 18 programmes, two pilot projects and other measures to meet the demands of 146.400 citizens from vulnerable groups, such as youth, persons with disabilities, long-term unemployed, herders, parents with children with disabilities and older workers. As a result, in the second quarter of 2019, 15,682 employments have been created (6,125 permanent and 8,351 temporary jobs), and 20,595 citizens have benefited from employment promotion programmes (57.5 per cent women and 42.5 per cent men). Concerning the labour market situation, the Government indicates that at the end of 2018 the labour force was estimated to be 1.4 million (59.6 per cent in urban and 40.4 per cent in rural areas) out of which 92.2 per cent were in employment, and 7.8 per cent were unemployed (57.7 per cent males and 42.3 per cent females). The Committee notes that the national unemployment rates were higher in urban areas (9.4 per cent) than in rural areas (5.2 per cent) and that the highest unemployment rate was registered among young first-time jobseekers (ages 15-24). It further notes that in the reporting year, 61.3 per cent of unpaid family workers were women. The Committee requests the Government to continue to provide up-to-date, detailed information on the results of the measures implemented and on trends in the labour market, especially in relation to the economically active population, employment and unemployment, disaggregated by sex and age. The Committee further requests the Government to provide information on the manner and extent to which the measures implemented have enabled the beneficiaries to obtain full, productive and sustainable employment. The Government is also requested to provide information on the impact of the COVID-19 pandemic on the implementation of the Convention.

Vocational training and education. The Committee previously requested the Government to provide updated detailed information on the impact and effectiveness of the measures taken in the area of vocational training and education and their relation to prospective employment, including available statistics disaggregated by age and sex. It also requested the Government to provide information on measures taken or envisaged to provide vocational training and education in rural areas and remote communities, as well as to particular groups, such as young persons, people with disabilities, older workers, herders and those working in the informal economy. The Government indicates that since September 2018, the Ministry’s Division on Vocational Education and Training was re-organised to oversee the training and vocational education of citizens through 86 educational institutions, such as the Vocational Training and Production Centre, Polytechnical College, etc. The Government indicates that three programmes were initiated during 2016-2018 and renewed in 2019 by the Resolution No.1 of the National Employment Council to promote employment and provide education and training to citizens. These programmes were implemented throughout 21 aimags (provinces) and nine districts of Ulaanbaatar in order to promote employment through skill training, preparation for the labour market, on-the-job apprenticeship, experience exchange and knowledge sharing. The Committee notes the detailed information concerning the results of the implementation in 2019 of the Program for Work Preparedness and Employment Skills Training, the Herders’ Employment Promotion Program and the Program to Develop Veteran Experts’ Consultancy Service. The Committee requests the Government to continue to provide information on the impact of the measures taken in the area of education and training, including those adopted in the framework of the three aforementioned programmes, and on their relation to prospective employment opportunities. It also requests the Government to provide information on progress made in providing vocational training and education in rural areas and remote communities. The Government is also requested to provide information on the measures taken or envisaged to ensure that technical vocational education and training curricula and programmes are coordinated with existing and anticipated employment opportunities, to meet the current and evolving needs of the labour market.

Employment services. Collection and use of employment data. The Committee previously requested the Government to provide updated detailed information on the functioning and impact of the employment centres as well as on the online employment registration system, including information on the numbers of persons placed in employment through this system. The Government indicates that the employment service centres carry out activities such as providing information to jobseekers and employers as well as collecting and processing information with the assistance of the central labour Market Information System (LMIS). The LMIS software connects all staff, divisions, departments and other units in public and private employment agencies (aimags, Capital city and its districts, soums (counties) and khoroos (sub-districts)) and provides online services through its website (http://www.hudulmur-halamj.gov.mn). The Government further indicates that local employment service centres collect and publish information on vacancies received from employers in their administrative territories and provide advertising services to the unemployed through its showrooms. The Committee notes that job intermediary services, employment and professional orientation services, as well as advisory and information services, are provided through private employment services on a contract basis. The Committee notes that from 2016 to the second quarter of 2019, these services have provided jobs, professional orientation, advices, and information to 272,300 persons among which 98,107 persons were placed in new jobs and 107,871 were registered as unemployed. The Committee requests the Government to continue to provide information on the activities of the employment services, including the number of beneficiaries of these services placed in lasting employment.

Small and medium-sized enterprises. In its previous comments, the Committee requested the Government to continue to report on the impact of measures taken to promote job creation in small and medium-sized enterprises (SMEs). The Government indicates that since 2016, the Ministry of Agriculture and Light Industries that is in charge of SMEs has adopted a proactive policy and carries out measures to promote employment for micro-businesses, household businesses and self-employed people. The Committee notes that the Law on SMEs, adopted in 2019, incorporates a provision to promote entrepreneurship and support employment of the self-employed, partnerships and cooperatives. It also provides entrepreneurs with business development support and loan services. The Government indicates that, in 2016-2018, the National Employment Council introduced the Job Support Program to help the development of household and micro-businesses by providing training and financial support or microloans (up to MNT 10 million) to job seekers and entrepreneurs. The programme was renewed in 2019 (Resolution No.1 of 2019 of the National Employment Council) and is being implemented throughout 21 aimags and nine districts of Ulaanbaatar. The Committee notes that by the second quarter of 2019, the programme has served 18,194 citizens and provided employment to 11,748 persons. The Government indicates that small loans were provided by the Employment Promotion Fund to support self-employed, micro-production, service businesses, herders, and citizens who plan to establish partnerships and cooperatives. The Committee notes that in 2016-2018, the Employment Promotion Fund provided loans (MNT35.9 billion) to 4,874 small businesses which helped to retain 4,000 jobs and create about 3,000 new jobs. The Government also indicates that since 2019, a “Pilot Program to Support Labour Market” was implemented within the framework of a general programme of financing (Resolution No.2 of the National Employment Council, 2018). The programme plans to allocate MNT8.0 billion for small loans to support micro-businesses. The Committee notes that in 2019, agreements were concluded to provide such small loans through commercial banks in 21 aimags. The Committee requests the Government to continue to provide updated information on the effectiveness of financial measures and programmes implemented in support of SMEs and their impact in terms of improving the SMEs business environment, enhancing workers’ skills and creating new enterprises. It also requests the Government to provide statistical information on the number and type of enterprises established and the number of jobs created by such enterprises. In addition, the Committee requests the Government to provide information on the impact of the new Law on SMEs, adopted in 2019, on the promotion of entrepreneurship and creation of small and micro enterprises.

Specific categories of workers. The Committee previously requested the Government to provide updated information on the impact of the measures taken to create opportunities for sustainable and lasting employment for young persons and persons with disabilities, workers in rural areas and remote communities as well as the measures taken to facilitate the transition of workers from the informal to the formal economy and those taken in the area of labour migration. The Government indicates that the National Employment Council has adopted and implemented employment promotion programmes and projects for different groups of the population through departments/divisions in charge of labour issues at aimags, capital city and district levels. In this respect, the Program to Support Youth Employment and Start-up Businesses, which has created 195 jobs for youth, is being implemented throughout all 21 aimags and nine districts in Ulaanbaatar. The Government further indicates that the “Employment Promotion Program for the Disabled” is providing incentives to employers and skill training as well as employment and financial support to persons with disabilities. By the second quarter of 2019, the programme has provided employment for 662 persons with disabilities. With regard to the workers in the informal economy, the Government indicates that the non-agricultural informal sector employs 918.900 persons (73.3 per cent) which are primarily concentrated in urban areas (54.8 per cent of the employees in non-agricultural sectors are in Ulaanbaatar). The Committee notes that, in 2018, 220.000 persons were working in the informal economy ((131.700 men (59.9 per cent), and 88.300 women (40.1 per cent)). The Government indicates that the Law on Employment Promotion of 4 February 2015 has been amended to facilitate the transition to the formal economy through the extension of loans to the private sector and citizens willing to form partnerships or establish cooperatives as well as offering financial support to micro and small enterprises. The Government further indicates that, in 2017-2018, Memorandums of Understanding (MoU) on cooperation to send workers abroad have been concluded with Japan and the Republic of Korea. It further indicates that the Ministry of Labour and Social Protection has drafted a Law on Migration of the Labour Force, in consultation with interested parties, which has been submitted to Cabinet for review before referral to the Parliament. The Committee requests the Government to continue to provide detailed and updated information, including statistics, on the impact of measures taken to promote employment, in terms of job creation, in particular for young persons, persons with disabilities and agricultural workers in rural areas and remote communities. It further requests the Government to provide updated information on the measures taken to facilitate the transition from the informal to the formal economy as well as on the status and the content of the draft Law on the Migration of the Labour Force.

Article 3. Consultation with the social partners. In its previous comments, the Committee requested the Government to provide information on the outcome of the consultations held with the representatives of employers’ and workers’ organisations on the formulation and implementation of employment measures. The Government indicates that the National Council composed of three representatives from the Government, the Confederation of Mongolian Trade Unions (CMTU) and the Mongolian Employers Federation (MONEF) is in charge of developing proposals on policies, strategies and programmes of action to implement the Law on Employment Promotion. The Committee notes that, in 2017, the National Employment Council updated the “Charter of aimags, Capital city and district councils of employment” to enable local governors to chair local tripartite councils (30 such councils have been established) in order to oversee the implementation and coordination of labour market policies in soums (counties) and khoroos (sub-districts). The Government indicates that, in 2016-2019, the National Employment Council implemented programmes and projects to create employment for job seekers, long-term unemployed, herders, self-employed, including through the establishment of cooperatives. The Committee requests the Government to continue to provide information on consultations held with the social partners in accordance with Article 3, as well as to provide information on the manner in which representatives of persons affected, including those in the informal economy and in rural areas are consulted in the formulation and implementation of adopted or envisaged employment policies and programmes.

Articles 2 and 3 of the Convention. National policy on vocational rehabilitation and employment of persons with disabilities. Consultations of the relevant organizations. In its previous comments, the Committee requested the Government to provide information, including statistics disaggregated by age and sex, on the impact of the measures implemented with a view to promoting employment opportunities for persons with disabilities in both the public and private sectors. The Committee also requested the Government to provide information regarding the manner in which the 4 per cent employment quota for persons with disabilities is applied as well as on the status of the legislation limiting the maximum weekly hours of work for persons with disabilities. In addition, the Committee requested the Government to provide information regarding the nature and content of consultations held with the social partners and with organizations of and for persons with disabilities on matters related to vocational rehabilitation and the promotion of employment for persons with disabilities. The Government indicates that, from 2015 to 2018, the employment rate for persons with disabilities increased by 24 per cent. In this respect, the labour force study conducted by the National Statistics Committee in 2018, indicates that out of 1,253,023 persons in employment (aged 15 and over), 30,748 were persons with disabilities (18,717 (60.9 per cent) men and 12,031 (39.1 per cent) women). The Government further indicates that incentives have been implemented to increase the number of persons with disabilities in the labour market, including monetary incentives for employers hiring persons with disabilities and enforcement of the legal quota requiring that at least 4 per cent of employees of employers with more than 50 workers must be persons with disabilities. The Committee notes that the Mongolian Labour Code stipulates an employment quota for persons with disabilities. According to section 111, “if an employer has more than 50 employees, at least 3 per cent of such employees must include persons with disabilities unless it is justified to exclude such persons because of the nature of the employer’s business.” In addition, “if business entities and organisations fail to employ persons with disabilities or dwarfs as required by section 111.1, it shall pay a monthly payment to the State with respect to each such employee they should have employed”. The Government indicates that, in 2018, the Research Institute of Labour and Social Protection (RILSP) conducted a Survey on the employment of people with disabilities to identify challenges encountered in the implementation of section 111 of the Labour Code and make recommendations to increase the employment of persons with disabilities. The Committee notes that the data from the survey indicates that 42.9 per cent of the employers consider that there is no challenge or difficulty in relation to employing persons with disabilities. Nevertheless, a significant percentage of employers surveyed revealed negative attitudes with respect to the capacity of persons with disabilities. The Government indicates that based on the survey’s results, a draft amendment to the Law on Infringement (Violations) is under consideration to increase the liability of business entities and organizations for non-compliance with section 111 of the Labour Code. In addition, a revised edition of the Law on Employment Promotion has been drafted which includes a new special chapter on “Activities to support employment of persons with disabilities” in order to improve the legal framework and provide more adequate employment services to persons with disabilities. The draft amendment further introduces modifications concerning section 71 of the Labour Code on working hours, to enable employees with disabilities to request shorter working hours in order to better adjust to their work requirements. The Government further indicates that the “Employment Promotion Program for Persons with Disabilities” (approved by the National Employment Council in its resolution No.1 of 2017), has been implemented to create an enabling environment for social integration of persons with disabilities. The Committee notes that in 2018, the Programme benefited 5,692 persons with disabilities and generated 1,209 permanent and 134 temporary jobs. With regard to consultations held with the social partners, the Committee notes the information provided by the Government on the participation of social partners and NGOs involved in protecting the rights of persons with disabilities. In particular, it notes that since 2018, the Minister for Labour and Social Protection chairs the National Council, which is responsible for enforcing relevant legislation, policies and programs for safeguarding the human rights of persons with disabilities and providing professional and methodological counselling. The Ministry also broadcasts a monthly “Information Hour” on television with the participation of persons with disabilities and respective NGOs in order to inform and involve them in decision-making. In 2018, “Information Hour” was broadcast seven times on television and has now become a regular monthly event. The Committee requests the Government to continue to provide information on the practical application of the Convention including statistics and relevant data, disaggregated as much as possible by age, sex and the nature of the disability, extracts from reports, studies and inquiries concerning the matters covered by the Convention, including information on compliance with the quota system for employing persons with disabilities in both the private and public sectors. In addition, the Government is requested to provide information in its next report on the status of the draft amendment to the Law on Infringement (Violations) and the revised edition of the Law on Employment Promotion and to provide copies once they are adopted.

Articles 7 and 8. Vocational rehabilitation and employment services. Access to services in rural areas and remote communities. In its previous comments, the Committee requested the Government to provide updated information on the progress made in establishing additional local branches of the National Centre for Rehabilitation and Development and on the development of vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities. In particular, the Government was requested to indicate the number and location of branches established, the number of adults with disabilities provided with vocational rehabilitation services, and the outcome of measures taken to place these persons in employment. The Government indicates that a Development Centre for children was built to provide training and development activities to children with disabilities and their parents. The Centre is a service facility with 250 hospital beds capable of providing daytime rehabilitation to 250 children with disabilities. The project plans to construct an Employment, business and research and development centre for persons with disabilities in Ulaanbaatar city, providing jobs for 5,000 persons with disabilities. It further plans to create additional centres in six provinces (Dornod, Darkhan, Khovd, Huvsgul, Arkhangai and Dundgobi aimags) to serve 17,000 persons with disabilities in rural areas. The Committee requests the Government to continue to provide information on progress made in establishing additional local branches of the National Centre for Rehabilitation and Development and on the impact of vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities. The Government is also requested to provide information on the number of persons benefiting from these centres and services, disaggregated by age, sex and the nature of disability.

Article 9. Training of suitably qualified staff. The Committee previously requested the Government to provide information on measures taken or envisaged to ensure the availability to the persons concerned of suitably qualified and trained vocational rehabilitation staff. The Government indicates that the “Project to Support the Social Participation of Persons with Disabilities” 2016-2020 has been implemented jointly with the Government of Japan. The project has provided training to 32 trainers with disabilities and organized 250 trainings on “Disability and Equality” involving over 8,500 public officers and private sector entities. It further indicates that, in application of section 7 of Chapter 2 of the Law on human rights of persons with disabilities, a training module has been developed, in 2019, in collaboration with the representative Office of UNESCO in Beijing, to involve media in increasing public awareness on disabilities, and promoting positive attitude that gives opportunities to persons with disabilities. The Committee notes that numerous training activities have been organized and 25 journalists have been trained as trainers. The Government indicates that since 2018, the “MONGOLIA TRY” programme was organized in collaboration with the “Universal Development Centre” which is an NGO working to promote independent living of persons with disabilities, to conduct influencing campaigns in order to ensure enforcement of the Law on human rights of persons with disabilities, and to increase social awareness to create an enabling environment for persons with disabilities. The Committee notes that in 2019, “MONGOLIA TRY” has organized excursions for young people with disabilities in Baganuur district (of Ulaanbaatar), Dornod and Sukhbaatar aimags. The Committee requests the Government to continue to provide information on the measures taken to ensure that suitably qualified vocational rehabilitation staff are made available to persons with disabilities. The Committee further requests the Government to provide information on the nature and impact of the measures taken with a view to raising public awareness on disability issues and promoting positives attitudes regarding the capabilities of persons with disabilities that can facilitate their access to employment opportunities in the open labour market.

The Committee notes the Government’s first report.

Article 3 of the Convention. National policy on occupational safety and health in mining. The Committee notes the Government’s indication in its report that the tripartite committee on occupational safety and health (OSH) in the mining sector has been established (pursuant to Resolution A/48 of March 2017) with the aim of formulating a policy and developing, reviewing, discussing and approving coherent guidelines, procedures and standards for occupational safety and health in the mining sector. It also notes the Government’s indication that, within the framework of the Fifth National Programme on Occupational Safety and Health (2017–2020), the subprogramme on Occupational Safety and Health in the mining sector was developed. The subprogramme aims to ensure the implementation and enforcement of the National Programme, the national laws and regulations on occupational safety and health and the Convention. In addition, the Government indicates that the subcommittee of the Ministry of Mines and Heavy Industry has initiated a review of occupational safety and health policies and procedures in mines in order to harmonize them with the Convention, national occupational safety and health laws and regulations and the Law on minerals of Mongolia. It notes in this respect the Government’s reference to the Small Scale Mining Regulation of 2017, the General Open Pit Safety Rules of 2003, the Underground Ore Safety Rules of 2015 and the Underground Coal Mine Rules. The Committee requests the Government to continue to provide information on the implementation and periodic review of the policy on safety and health in mines, and on the consultations with the social partners held in this respect. The Committee also requests the Government to provide further information on the composition and activities of the tripartite committee on OSH in the mining sector, and to provide a copy of Resolution A/48 of March 2017 establishing this committee. In addition, the Committee requests the Government to provide information on the implementation of the subprogramme on Occupational Safety and Health in the mining sector (within the framework of the Fifth National Programme on Occupational Safety and Health), and to provide information on any subsequent programme adopted related to the mining sector.

Articles 5(1) and 16. Competent authority to monitor OSH in mining and inspection. The Committee notes the Government’s indication that inspection and monitoring of occupational safety and health in mines is carried out through the Ministry of Labour and Social Protection, the Ministry of Mining and Heavy Industry, the Ministry of Health and their agencies such as the occupational safety and health centre, the general agency of health and social insurance and the minerals and oils department. The Committee requests the Government to indicate how the ministries, agencies and departments responsible for inspection and monitoring of occupational safety and health in mines coordinate their functions, and if one of these bodies has been designated as the competent authorities. In this respect, it requests further information on the organization and functioning of the inspection services responsible for supervising safety and health in mining, and the resources available to this inspection service, in accordance with Article 16(2) of the Convention. In addition, the Committee requests the Government to provide further information on the penalties and corrective measures established related to OSH in mining, in accordance with Article 16(1) of the Convention.

Article 5(2)(e). Power of the competent authority to suspend or restrict mining activities on safety and health grounds. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the competent authority has the power to suspend or restrict mining activities on safety and health grounds, until the condition giving rise to the suspension or restriction has been corrected.

Article 5(4)(b). Obligation to provide and maintain adequate self-rescue respiratory devices. The Committee requests the Government to provide information on the measures taken to ensure that employers have the obligation to provide and maintain adequate self-rescue respiratory devices for workers in underground coal mines and other underground mines, where necessary.

Article 5(4)(c). Abandoned mines. The Committee requests the Government to provide information on measures taken or envisaged to give effect to Article 5(4)(c) of the Convention to ensure that protective measures are taken to secure abandoned mine workings so as to eliminate or minimize risks to safety and health.

Article 5(5). Plans of working. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to Article 5(5) of the Convention to ensure that the employer in charge of the mines has the obligation to prepare plans of working before the start of operations, and in the event of any significant modification, that such plans are brought up to date periodically and kept available at the mine site.

Article 7(c). Measures to maintain ground stability. The Committee requests the Government to indicate the measures, taken or envisaged, to ensure that employers have an obligation to take steps to maintain the stability of the ground in areas to which persons have access in the context of their work.

Article 7(i). Stopping operations and evacuation of workers to a safe location. The Committee notes the Government’s reference to section 28.1.2 of the Occupational Safety and Health Act of 2008 (OSH Act), which provides that in the event of a situation endangering human life or health, the operation shall be stopped immediately and the dangerous situation shall be promptly eliminated. The Committee requests the Government to provide information on the measures taken to ensure that when there is serious danger to the safety and health of workers in mining, workers are evacuated to a safe location.

Article 10(b). Supervision and control at each shift. The Committee notes that section 15 of the Underground Ore Safety Rules (Joint Order No. 229 of 2015) provides that mine management and engineers and technicians are required to visit the mine regularly to ensure that mining operations are carried out in an orderly manner and that occupational safety and health is fully monitored. During the shift, the shift supervisor will inspect each workplace and personally supervise the mining work with difficult working conditions. The Committee requests the Government to provide information on the measures taken to provide for the employer’s obligation to ensure supervision and control on each shift in other types of mining not covered by Joint Order No. 229 of 2016, particularly open pit mining.

Article 10(c). Measures and procedures to establish a recording system of the names and probable location of all persons who are underground. The Committee requests the Government to provide information on the measures taken to ensure that employers establish a system so that the names of all persons who are underground can be accurately known at any time, as well as their probable location, in accordance with Article 10(c) of the Convention.

Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same mine. The Committee notes that section 8 of the OSH Act provides for requirements when two or more employers jointly own or use production facilities, including the establishment of OSH procedures and requirements to inform the other employer in case of the use of toxic and dangerous chemicals, explosives, explosive devices and radioactive or biologically active substances during production and to take joint measures to ensure safety. The Committee requests the Government to provide information on the measures taken to ensure that whenever two or more employers undertake activities at the same mine, the employer in charge of the mine shall coordinate the implementation of all measures concerning the safety and health of workers and shall be held primarily responsible for the safety of the operations.

Article 13(1)(a), (b), (e) and (f), 13(2)(c), (d), (e) and (f), 13(3) and 13(4). Rights of workers and their representatives. The Committee notes that section 18 of the OSH Act gives effect to certain clauses of Article 13(1) of the Convention, related to the right of workers to know and be informed of workplace hazards that may affect their safety or health and the right to obtain information relevant to their safety or health, held by the employer or the competent authority (Article 13(1)(c) and (d)). It notes that sections 18, 32 and 35 of the OSH Act give effect to Articles 13(2)(a) and (b). The Committee requests the Government to indicate the legal provisions giving effect to the rights of workers: (i) to report accidents, dangerous incidents and hazards (Article 13(1)(a)); (ii) to request and obtain inspections and investigations (Article 13(1)(b)); (iii) to remove themselves from any location at the mine when circumstances arise which appear, with reasonable justification, to pose a serious danger to their safety or health (Article 13(1)(e)); and (iv) to collectively select safety and health representatives (Article 13(1)(f)). It also requests the Government to provide information on the measures taken to ensure the rights of workers and their representatives : (i) to have recourse to advisers and independent experts (Article 13(2)(c)); (ii) consult with the employer in a timely fashion on safety and health matters, including policies and procedures (Article 13(2)(d); (iii) to consult with the competent authority (Article 13(2)(e)); and (iv) to receive notice of accidents and dangerous occurrences (Article 13(2)(f)). The Committee further requests the Government to provide information on legislative and other measures adopted to determine the procedures for exercising the rights listed in Article 13(1) and (2), and to indicate the measures taken to ensure that these rights can be exercised without discrimination or retaliation, in accordance with Article 13(3) and (4).

Comments adopted by the CEACR: Mongolia

Adopted by the CEACR in 2021

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C103 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C155 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

1. Occupational Safety and Health Convention, 1981 (No. 155)

2. Safety and Health in Mines Convention, 1995 (No. 176)

C181 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

MLC, 2006 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C088 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C122 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C159 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C176 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Comments adopted by the CEACR: Mongolia

Display the list by:

Adopted by the CEACR in 2021

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C103 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C155 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

1. Occupational Safety and Health Convention, 1981 (No. 155)

2. Safety and Health in Mines Convention, 1995 (No. 176)

C181 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

MLC, 2006 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C088 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C122 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C159 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C176 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)