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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Mongolia (Ratification: 1969)

Article 2 of the Convention. Right of workers and employers to form and join organizations of their own choosing. The Committee previously noted that section 9.2 of the revised Labour Law adopted on 2 July 2021 established that the conditions and procedures for implementing the right to freedom of association shall be set out by law, while neither section 9.2 nor the Government’s report indicated what the applicable law was or was envisaged to be. The Committee therefore requested the Government to provide information on the law or regulations that section 9.2 of the Labour Law intended to refer to. The Committee notes the Government’s indication that section 9.2 refers to the Law on the Rights of Trade Unions and intends to refer to the law on employers’ organizations if such a law is to be adopted.

In this regard, the Committee recalls that it noted the Government’s indication that it was discussing with the Mongolian Employers’ Federation (MONEF) a draft law on employers’ organizations with an emphasis on the independence of employers’ organizations and their right to draw up their own bylaws and determine their structure, activities and programmes. The Committee requested the Government to provide information on the outcome of this process. The Committee notes the Government’s indication that the issue is currently not on the agenda for discussion by the social partners. The Committee requests the Government to provide information on all developments in this respect.

Article 3. Right of organizations to freely organize their activities and to formulate their programmes. The Committee had previously requested the Government to take the necessary measures, in consultation with the social partners, in order to ensure that trade unions could use strike action to support their position in the search for solutions to problems posed by major social and economic policy decisions and have recourse to sympathy strikes by virtue of the freedoms set out in article 16 of the national Constitution. The Committee notes the Government’s indication that the Labour Law does not directly deal with sympathy strikes nor prohibits such strikes. The Committee notes that the Government does not provide any information with regard to political strikes. The Committee therefore encourages the Government to continue discussing this matter with the social partners and requests the Government to provide information on any progress made in this respect. 

The Committee had also requested the Government to provide clarification as to the meaning of the “overwhelming majority” requirement with respect to quorum and of the “majority” of votes required before a strike can be held at the enterprise level under section 26.1 of the Labour Law. The Committee notes the Government’s indication that the quorum required before a strike can be held was agreed through consensus during the discussion and development of a preliminary draft of the revised Labour Law by the social partners, taking into account the varying numbers of workers employed by enterprises and organizations as well as the parties’ positions on the issue. The Committee notes the Government’s indication that according to the information of the National Statistics Committee as of the second quarter 2024, enterprises and organizations which employed up to 9 workers accounted for 85.1 per cent of the total number of enterprises. The Committee recalls once again that the quorum and the majority required for holding a strike should not be such that the exercise of the right to strike becomes very difficult or even impossible in practice – in particular, if enterprises are small – and that, if a country deems it appropriate to require a vote by workers before a strike can be held, it should ensure that account is taken only of the votes cast and that the required quorum and majority are fixed at a reasonable level. The Committee reiterates its previous request. 

The Committee had further requested the Government to provide the list of enterprises and organizations providing essential services where strikes are prohibited to be adopted pursuant to section 28.1 of the Labour Law. The Committee takes note of the Government’s indication that the list in question had not been adopted and that while the list was prepared by the Ministry of Labour and Social Protection and communicated to the social partners, the latter did not support it; therefore, a draft law eliminating the provisions in sections 28.1 of the Labour Law was prepared and submitted to Parliament. The Committee requests the Government to inform it of all developments in this respect.