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

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

The Committee notes with regret that the Government has not provided its comments to the observations submitted in 2021 by 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 Education and Science Unions (FMESU) in collective bargaining activities. The Committee once again requests the Government to provide its comments thereon.

Articles 1 and 2 of the Convention. Protection against acts of anti-union discrimination and interference. The Committee recalls that it previously requested the Government to provide clarification as to the provisions of the Labour Law 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 notes the Government’s indication that section 6(1) of the Labour Law states that “[d]irect and indirect discrimination, limitation of rights and provision of privileges in employment and labour relations based on ... membership to trade union … shall be prohibited”, while section 30 prohibits the termination of employment for participation in a strike (in a legal strike). Based on the above, the Committee requests the Government to consider, in consultation with the social partners, amending the Labour Law so as to include therein guarantees against anti-union discrimination that explicitly cover both the recruitment process and all types of anti-union dismissals; the Committee requests the Government to inform it about any developments in this respect.

The Committee also previously requested the Government, with a view to assessing the effectiveness of the legislation concerning anti-union discrimination, to: (i) provide information on the sanctions applicable to acts of anti-union discrimination in general as well as to acts of interference, particularly in light of the Law of Violations referred to in section 11.3 of the Labour Law, and on the complaints filed with the competent authorities in this field and on their outcome; and (ii) indicate if the reinstatement of a worker dismissed because of trade union membership or legitimate trade union activities was part of the remedies applicable by the competent authorities. Similarly, The Committee notes the Government’s indication that: (i) section 10.4.5 of the Law on Violations states that  [i]f an employer, in violation of provisions of the Labour Law, takes disciplinary action against, modifies the terms of employment of or dismisses from work workers’ representatives for participation in resolution of industrial disputes or in negotiations, the employer shall pay damages for loss or pay compensation in addition to a penalty of 150 units of MNT in case of an individual or a penalty of 1,500 units of MNT in case of a legal person”; (ii) there are currently no provisions concerning sanctions for the purposes of enforcement of section 11.3 of the Labour Law (section 11.3 of the Labour Law provides for the liability, under the Law on Violations, of those responsible for violating the provisions of section 11.1 of the Labour Law that prohibit a number of acts of anti-union discrimination and interference); and (iii) the amendments to the Law on Violations were proposed to the Ministry of Justice and Home Affairs in connection with the adoption of the Labour Law, including suggestions concerning the ways in which section 11.3 of the Labour Law could be implemented. The Committee notes both the limited material scope of application of section 10.4.5 of the Law on Violations and the absence of specific sanctions attached to the violation of section 11.3 of the Labour Law. The Committee therefore requests the Government, after consultation with the social partners, to take without delay the necessary measures to amend the Law on Violations so as to ensure that all acts of anti-union discrimination and interference are subject to dissuasive sanctions. The Committee requests the Government to provide a copy of the law in question, once amended.

The Committee also notes the absence of information in the Government’s report regarding: (i) the complaints filed with the competent authorities in the field of anti-union discrimination and their outcome; and (ii) whether 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. The Committee reiterates its previous request in this regard.

Article 4. Bipartite nature of collective bargaining. The Committee requested the Government to: (i) specify the role that, under section 36.3 of the Labour Law, public authorities might 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 in which the public authorities were also involved. The Committee notes the Government’s reiteration that, under section 36 of the Labour Law, the public authorities may be involved in collective bargaining: (i) as an employer in a given sector; or (ii) at the request of any party to sectoral or intersectoral collective bargaining. The Committee notes the absence of any further relevant information in this respect. Recalling 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 reiterates its previous request.

Articles 4 and 6. Right to collective bargaining of civil servants not engaged in the administration of the State. Having noted 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 the Labour Law, the Committee requested the Government to indicate how the legislation recognized the right to collective bargaining to those civil servants not employed in the administration of the State and who were not covered by the labour legislation as well as to specify the relevant legislative provisions. The Committee notes the Government’s assertion that the Labour Law applies to state bodies in the same manner as to any other employer and that, as a consequence, workers employed by state bodies have the right to enter into collective agreements and participate in collective bargaining. In light of the above and in order to ensure that all public sector workers and civil servants not engaged in the administration of the State have the right to bargain collectively, the Committee invites the Government to specify the categories of public sector workers and civil servants covered by the Labour Law.

Promotion of collective bargaining in practice. The Committee notes the Government’s indication that, while at the moment, the total number of collective agreements concluded at enterprises and organizations cannot be estimated, collective agreements have been concluded in a whole range of sectors and that there is one nationwide collective agreement in force. The Committee requests the Government to continue to provide information on collective bargaining in practice and to take measures in order to gather information on the number of collective agreements in force in the country and the number of workers covered. The Committee also requests the Government to provide information on the measures taken to promote collective bargaining.