Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Mongolia (Ratification: 1969)

The Committee notes the Government’s report.

Article 4 of the Convention. The Committee noted in its previous comment that article 20.4 of the new Labour Code provides in all cases for the participation of the public authorities in collective agreements at national or regional levels, or with respect to an administrative or territorial unit, economic sector or profession. The Committee notes that the Government confirms in its report that the participation of the public authorities in the collective agreements at different levels is required by the legislation. In these circumstances, the Committee recalls that, under the terms of Article 4, free and voluntary negotiation should be promoted, at all levels, between employers or employers’ organizations and workers’ organizations, without the intervention of the public authorities. The Committee therefore requests the Government once again to take the necessary measures to amend its legislation in order to bring it into conformity with the principle of autonomy of the bargaining parties and to keep it informed of any development in this respect.

Articles 4 and 6. The Committee noted that, according to the terms of the law on government service it was not clear if public servants enjoyed the right to organize and to negotiate their terms and conditions of employment collectively. The Committee notes the Government’s indication that "some ranks of public officers do have the right to organize and collective bargaining and that there is no restriction by any legislation in this regard". The Committee asks the Government to inform it in its next report about the categories of public servants that are prevented from exercising the right to collective bargaining.