Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Articles 4 and 6 of the Convention. 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 further recalls that this provision is also applicable to public servants who are not engaged in the administration of the State. The Committee notes with interest the information in the Government’s latest report which refers to the formation of a working group made up of related ministries, the labour union, employers, experts and non-governmental organizations to prepare an upgraded draft of amendments to the Labour Law. The Government refers to specific draft amendments for the establishment of a supporting committee for cooperation at the workplace, the regulation of negotiation between employers and the Federation Trade Union, and the negotiation of agreements at sectoral, industrial and occupational levels without interference by the administrative authority. The Government further refers to ongoing capacity building with ILO assistance for the social partners in the mining and construction sectors to reach agreements on sectoral and wage negotiation. The Committee welcomes the ILO project financed by the Directorate-General for Trade of the European Commission to support GSP+ beneficiary countries to effectively implement international labour standards targeting four countries and notably Mongolia. The Committee requests the Government to provide information on the progress made in the reform of the labour legislation and its impact on the application of the Convention and to provide copies of any amending texts once adopted.