Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Workers' Representatives Convention, 1971 (No. 135) - Mongolia (Ratification: 1996)

The Committee notes the adoption on 2 July 2021 of the revised Labour Law, which entered into force on 1 January 2022.

Article 1 of the Convention. Effective protection of workers’ representatives. The Committee notes with interest the Government’s indication that the revised Labour Law, among other things, contains detailed provisions that prohibit unfair actions or omissions against workers’ representatives such as interference, imposition of conditions, persuasion, restriction, or use of force. The Committee takes note that section 11.1 of the Labour Law prohibits employers to: (i) interfere in the work of organizations representing employees or provide or promise to provide financial and other support for this purpose; (ii) interfere with, restrict, or put pressure on employees’ representatives during their participation in collective negotiations; and (iii) attempt to keep the employees’ representatives under the employer’s control by promising or providing them with financial and other support. The Committee notes that section 11.3 of the Labour Law provides for liability of those responsible for violating the provisions of section 11.1 under the Law on Violations.

The Committee further notes that: (i) section 24.2 prohibits to impose a disciplinary sanction on an employees’ representative, transfer them to other jobs, reduce their remuneration because of their participation in collective negotiations or terminate their employment at the employer’s initiative for any reason within 1 year following the end of negotiations, except in cases of the dissolution of an enterprise, organization or its branch office, or in certain cases of an employees’ representative’s misconduct; and (ii) section 30.1 prohibits to alter the employment conditions of employees’ representatives because of their participation in a strike through such measures as imposing disciplinary sanctions thereupon, transferring them to other jobs or terminating their employment relationship upon the employer’s initiative. The Committee observes that, pursuant to section 24.3, those responsible for violating section 24.2 of the Labour Law shall be liable under the Law on Violations. Referring to its comments under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), concerning the need to amend the Law on Violations so as to ensure that the acts prohibited by section 11.1 of the Labour Law give rise to dissuasive sanctions,the Committee requests the Government to provide details regarding the procedures and sanctions applicable in case of violation of sections 24.2 and 30.2 of the Labour Law.

Article 2. Facilities afforded to workers’ representatives. The Committee recalls that it had previously invited the Government to consider, in the process of reviewing and revising its labour legislation, to include in its labour laws facilities to be provided to trade unions and their elected officials to enable them to carry out their functions promptly and efficiently. The Committee notes the Government’s indication that the revised Labour Law contains provisions designed to govern relationships concerning the implementation of Article 2 of the Convention. The Committee notes the Government’s indication that: (i) under section 60.1.4 of the Labour Law, the employer shall preserve the employee’s workplace while they are not performing their work and duties due to participating in collective negotiations, concluding collective contracts or collective agreements, or participating in lawful strikes; and (ii) pursuant to sections 23.1 and 23.2 of the Labour Law, representatives of employers and employees have a duty to provide each other with information necessary for the conduct of collective negotiations. The Committee notes, however, that the Labour Law does not provide for such facilities mentioned in its previous comments such as access to workplaces in the undertaking where necessary or the right to publish and distribute their own information and publications to workers and the public, nor does it explicitly mention time off from work to attend trade union meetings, congresses, etc. These facilities are also not guaranteed under the Law on the Rights of Trade Unions. The Committee therefore encourages the Government to engage in dialogue with the social partners in order to consider including in the legislation some of the facilities mentioned in the Workers’ Representatives Recommendation, 1971 (No. 143). The Committee requests the Government to provide information on any developments in this respect.