Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Abolition of Forced Labour Convention, 1957 (No. 105) - Mongolia (Ratification: 2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Communication of texts. The Committee again requests the Government to supply copies of the legislation in force in the following fields: laws governing the press and other media; laws governing political parties and associations; and laws governing assemblies, meetings and demonstrations. Please also provide a copy of a full updated text of the Law on Forced Labour as Administrative Sanction, 2000.

Article 1(d) of the Convention. The Committee notes that, under section 123 of the Labour Law, a strike will be considered unlawful if it is held in violation of section 119.1 (which describes the cases in which a strike may be called); if it has been organized by any restricted organization specified in section 122.1 (organizations in charge of state defence, national security and public order); or if it has been organized in connection with matters not related to employment relations regulated by collective agreements specified in sections 18 and 19 of the Law. The Committee also notes that, under section 141.1.14 of the Labour Law, persons who organize a strike in violation of section 122.1 (restricted organizations) shall be punished with fines.

The Committee requests the Government to indicate in its next report the kind of sanctions that may be applied for participation in strikes declared unlawful pursuant to section 123.1 (as a consequence of the violation of section 119.1 referred to above) and section 123.3 (where a strike is not relevant to the matters regulated by the collective agreement) of the Labour Law. Please also provide information on the application in practice of provisions imposing such sanctions.