Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Mongolia (RATIFICATION: 1998)

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Previous comment

Article 5 of the Convention. Effective tripartite consultations. With respect to the activities of the International Labour Standards Subcommittee established in 2016, the Committee notes the Government’s indication that this tripartite body holds 2–3 meetings per year and organizes training seminars regarding the obligation of reporting and the implementation of ratified Conventions. The Committee further notes the Government’s indication that, on 28 May 2021, it signed a Tripartite Agreement on Labour and Social Consensus 2021–22 with the Mongolian Trade Union Confederation (CMTU) and the Mongolian Employers’ Federation (MONEF). According to information available on the International Trade Union Confederation (ITUC)’s website, the agreement provides for the discussion of the possibility of ratifying the Violence and Harassment Convention, 2019 (No. 190), the Protection of Wages Convention, 1949 (No. 95), and the Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153). Moreover, the Committee notes that, according to the European Commission’s report concerning the implementation of the Incentive Arrangement for Sustainable Development and Good Governance (‘GSP+’) by Mongolia covering 2018-19, the 2019-20 tripartite agreement for labour and social consensus envisaged holding discussions on the possibility of ratifying ILO Conventions Nos 81 and 129 on labour inspection in industry and agriculture (SWD(2020) 23 final). The Committee observes that the Government does not provide information regarding whether the above ratifications prospects have also been brought to the attention of the newly established tripartite committee pursuant to Article 5(1) of the Convention. The Committee therefore reiterates its request to the Government to provide detailed updated information on the content and outcome of the tripartite consultations held, including those held within the International Labour Standards Subcommittee, on all matters concerning international labour standards set out in Article 5(1) of the Convention: (i) replies to the questionnaires on Conference agenda items (Article 5(1)(a)); (ii) the submission of instruments adopted by the Conference (Article 5(1)(b)); (iii) the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); (iv) reports to be presented on the application of ratified Conventions (Article 5(1)(d)); (v) and the possible denunciation of ratified Conventions (Article 5(1)(e)).

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Article 5 of the Convention. Effective tripartite consultations. In reply to the Committee’s previous comments, the Government reiterates that the working group, including representatives of the Mongolian Confederation of Trade Unions (CMTU) and the Mongolian Employers’ Confederation (MONEF) was still studying the possibility of ratifying the Labour Inspection Convention, 1947 (No. 81), and the Safety and Health in Agriculture Convention, 2001 (No. 184). The Government also reiterates that a study was carried out in relation to the possible ratification of the Protection of Wages Convention, 1949 (No. 95), and that the CMTU and MONEF had been requested to provide their comments in this respect. In this context, the Committee recalls its 2015 comments, in which it noted the observations of the CMTU indicating that consultations have been held since 2008 on Convention No. 95 without any decision being reached. The Government reports that, in 2017, the tripartite International Labour Standards Subcommittee organized a tripartite labour and society consultation, headed by the State Secretary of the Ministry of Labour and Social Protection, in relation to the preparation of the report on the application of the Convention. The Committee reiterates its request that the Government provide updated, detailed information on the content and outcomes of tripartite consultations held on each of the matters related to international labour standards as required under Article 5(1)(a)–(e) of the Convention. Please also indicate the frequency of the consultations held. The Committee further requests the Government to supply updated information concerning the outcome of tripartite consultations held in respect of the possible ratification of the Protection of Wages Convention, 1949 (No. 95), including the nature of comments received from the social partners in this regard. The Committee invites the Government to provide updated, detailed information on the activities of the International Labour Standards Subcommittee with respect to ensuring effective tripartite consultations on all of the matters covered under Article 5 of the Convention.

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Article 5 of the Convention. Effective tripartite consultations. The Committee recalls its previous comment in which it requested the Government to provide information on the measures taken to strengthen the existing procedures and to ensure effective tripartite consultations on all matters set out in Article 5(1). The Government indicates that, following tripartite discussions through the National Tripartite Agreement on Labour and Social Consensus for 2013–14, the State Great Khural undertook to ratify the following ILO instruments: the Employment Service Convention, 1948 (No. 88), the Private Employment Agencies Convention, 1997 (No. 181), the Safety and Health in Mines Convention, 1995 (No. 176), all three of which were ratified on 17 April 2015. The Government adds that a working group, including representatives of the Mongolian Confederation of Trade Unions (CMTU) and the Mongolian Employers’ Federation (MONEF) was established to examine the possibility of ratifying the Labour Inspection Convention, 1947 (No. 81) and the Safety and Health in Agriculture Convention, 2001 (No. 184). The Committee further notes the Government’s indication that the Protection of Wages Convention, 1949 (No. 95), previously examined through the National Tripartite Agreement on Labour and Social Consensus for 2013–14, is also under consideration for possible ratification. A study was carried out to verify the compliance of national legislation with Convention No. 95. The Government indicates that the views of the MONEF and the CMTU were requested in this regard. The Committee notes that, in 2016, the Government established a tripartite International Labour Standards Subcommittee under the National Standards and Social Tripartite Consultation Committee. The Subcommittee is charged with examining and issuing proposals on the ratification of ILO Conventions, reports on the application of ratified Conventions, proposals in relation to the International Labour Conference and proposals on the possible denunciation of ratified Conventions. The Committee requests the Government to provide updated detailed information on the content and outcomes of consultations held during the next reporting period on each of the matters related to international labour standards listed in Article 5(1) of the Convention, including information on the activities of the International Labour Standards Subcommittee with respect to the matters covered by the Convention.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 5 of the Convention. Effective tripartite consultations. The Committee notes the observations made by the Mongolian Employers’ Federation (MONEF) and the Confederation of Mongolian Trade Unions (CMTU), transmitted with the Government’s report. The Government indicates that several Conventions were examined through the National Tripartite Agreement on Labour and Social Consensus for 2013–14, including the following: the Protection of Wages Convention, 1949 (No. 95); the Safety and Health in Construction Convention, 1988 (No. 167); the Safety and Health in Mines Convention, 1995 (No. 176); and the Safety and Health in Agriculture Convention, 2001 (No. 184). The Government adds that relevant organizations were charged with the responsibility to ensure implementation of the Labour Inspection Convention, 1947 (No. 81); the Labour Relations (Public Service) Convention, 1978 (No. 151); the Occupational Health Services Convention, 1985 (No. 161); and the Maternity Protection Convention, 2000 (No. 183). The Committee notes that a working group comprised of representatives of government, MONEF, the CMTU and non-governmental organizations was established to examine the possibility of ratification of Convention No. 176. It notes that the ILO is assisting the Government with a study to verify the compliance of national legislation with Convention No. 176. A draft law on the ratification of Convention No. 176 is being developed by the working group. Moreover, the Committee notes that consultations are ongoing concerning the examination of the possibility of ratification of Conventions Nos 167 and 183. The CMTU is of the view that, although the tripartite working group is now operational, in recent years it has not been active and therefore the requirement of holding consultations at least once a year (Article 5(2)) was not met. In the opinion of the CMTU, the inadequate implementation of Convention No. 144 is an obstacle to the effective implementation of other ILO Conventions and causes delays in the ratification of Conventions. The CMTU adds that consultations have been held since 2008 concerning Conventions Nos 95 and 183 without any decision being reached on this matter. Taking into account the observations of the social partners, the Committee requests the Government to provide information on the measures taken to strengthen the existing procedures and to ensure effective tripartite consultations on all matters set out in Article 5(1). It also requests the Government to include information on the content and outcome of the consultations held on the matters concerning international labour standards covered by the Convention, including on the progress made towards ratification of the abovementioned Conventions.

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Article 5 of the Convention. Effective tripartite consultations. The Committee notes the observations made by the Mongolian Employers’ Federation (MONEF) and the Confederation of Mongolian Trade Unions (CMTU), transmitted with the Government’s report. The Government indicates that several Conventions were examined through the National Tripartite Agreement on Labour and Social Consensus for 2013–14, including the following: the Protection of Wages Convention, 1949 (No. 95); the Safety and Health in Construction Convention, 1988 (No. 167); the Safety and Health in Mines Convention, 1995 (No. 176); and the Safety and Health in Agriculture Convention, 2001 (No. 184). The Government adds that relevant organizations were charged with the responsibility to ensure implementation of the Labour Inspection Convention, 1947 (No. 81); the Labour Relations (Public Service) Convention, 1978 (No. 151); the Occupational Health Services Convention, 1985 (No. 161); and the Maternity Protection Convention, 2000 (No. 183). The Committee notes that a working group comprised of representatives of government, MONEF, the CMTU and non-governmental organizations was established to examine the possibility of ratification of Convention No. 176. It notes that the ILO is assisting the Government with a study to verify the compliance of national legislation with Convention No. 176. A draft law on the ratification of Convention No. 176 is being developed by the working group. Moreover, the Committee notes that consultations are ongoing concerning the examination of the possibility of ratification of Conventions Nos 167 and 183. The CMTU is of the view that, although the tripartite working group is now operational, in recent years it has not been active and therefore the requirement of holding consultations at least once a year (Article 5(2)) was not met. In the opinion of the CMTU, the inadequate implementation of Convention No. 144 is an obstacle to the effective implementation of other ILO Conventions and causes delays in the ratification of Conventions. The CMTU adds that consultations have been held since 2008 concerning Conventions Nos 95 and 183 without any decision being reached on this matter. Taking into account the observations of the social partners, the Committee requests the Government to provide information on the measures taken to strengthen the existing procedures and to ensure effective tripartite consultations on all matters set out in Article 5(1). It also requests the Government to include information on the content and outcome of the consultations held on the matters concerning international labour standards covered by the Convention, including on the progress made towards ratification of the abovementioned Conventions.

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The Committee notes with regret 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 2010 direct request, which read as follows:

Repetition

Tripartite consultations required by the Convention. The Committee notes the Government’s report received in November 2010 and recalls the detailed report received in October 2008. The Government indicates in its most recent report that various types of activities including training sessions, seminars and national conferences were organized in the framework of the National Tripartite Committee for Labour and Social Consensus. These activities were aimed at improving communication among participants, developing aspiration for cooperation and establishing mechanisms to participate in policy development and implementation. The Government further indicates that members of the National Tripartite Committee and other stakeholders concerned attended various training sessions, seminars and conferences organized by the ILO. The Committee requests the Government to provide in its next report detailed and relevant information on the tripartite consultations held on each of the items covered by Article 5(1) of the Convention (questionnaires concerning items on the agenda of the Conference, submission of instruments adopted by the Conference to the State Great Khural, prospects of ratification of unratified Conventions, reports to be made on the application of ratified Conventions and denunciation of Conventions). Please indicate the content of any recommendations resulting from consultations required by the Convention and specify the role of the National Tripartite Committee for Labour and Social Consensus in the consultations required by the Convention.

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The Committee notes with regret 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 2010 direct request, which read as follows:

Repetition

Tripartite consultations required by the Convention. The Committee notes the Government’s report received in November 2010 and recalls the detailed report received in October 2008. The Government indicates in its most recent report that various types of activities including training sessions, seminars and national conferences were organized in the framework of the National Tripartite Committee for Labour and Social Consensus. These activities were aimed at improving communication among participants, developing aspiration for cooperation and establishing mechanisms to participate in policy development and implementation. The Government further indicates that members of the National Tripartite Committee and other stakeholders concerned attended various training sessions, seminars and conferences organized by the ILO. The Committee requests the Government to provide in its next report detailed and relevant information on the tripartite consultations held on each of the items covered by Article 5(1) of the Convention (questionnaires concerning items on the agenda of the Conference, submission of instruments adopted by the Conference to the State Great Khural, prospects of ratification of unratified Conventions, reports to be made on the application of ratified Conventions and denunciation of Conventions). Please indicate the content of any recommendations resulting from consultations required by the Convention and specify the role of the National Tripartite Committee for Labour and Social Consensus in the consultations required by the Convention.

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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 2010 direct request, which read as follows:

Repetition

Tripartite consultations required by the Convention. The Committee notes the Government’s report received in November 2010 and recalls the detailed report received in October 2008. The Government indicates in its most recent report that various types of activities including training sessions, seminars and national conferences were organized in the framework of the National Tripartite Committee for Labour and Social Consensus. These activities were aimed at improving communication among participants, developing aspiration for cooperation and establishing mechanisms to participate in policy development and implementation. The Government further indicates that members of the National Tripartite Committee and other stakeholders concerned attended various training sessions, seminars and conferences organized by the ILO. The Committee requests the Government to provide in its next report detailed and relevant information on the tripartite consultations held on each of the items covered by Article 5(1) of the Convention (questionnaires concerning items on the agenda of the Conference, submission of instruments adopted by the Conference to the State Great Khural, prospects of ratification of unratified Conventions, reports to be made on the application of ratified Conventions and denunciation of Conventions). Please indicate the content of any recommendations resulting from consultations required by the Convention and specify the role of the National Tripartite Committee for Labour and Social Consensus in the consultations required by the Convention.

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Tripartite consultations required by the Convention. The Committee notes the Government’s report received in November 2010 and recalls the detailed report received in October 2008. The Government indicates in its most recent report that various types of activities including training sessions, seminars and national conferences were organized in the framework of the National Tripartite Committee for Labour and Social Consensus. These activities were aimed at improving communication among participants, developing aspiration for cooperation and establishing mechanisms to participate in policy development and implementation. The Government further indicates that members of the National Tripartite Committee and other stakeholders concerned attended various training sessions, seminars and conferences organized by the ILO. The Committee requests the Government to provide in its next report detailed and relevant information on the tripartite consultations held on each of the items covered by Article 5(1) of the Convention (questionnaires concerning items on the agenda of the Conference, submission of instruments adopted by the Conference to the State Great Khural, prospects of ratification of unratified Conventions, reports to be made on the application of ratified Conventions and denunciation of Conventions). Please indicate the content of any recommendations resulting from consultations required by the Convention and specify the role of the National Tripartite Committee for Labour and Social Consensus in the consultations required by the Convention.

[The Government is asked to reply in detail to the present comments in 2011.]

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1. Tripartite consultations required by the Convention. The Committee notes the Government’s report received in April 2006, in which it submits a Draft Technical Note on Industrial Relations and Social Dialogue prepared by ILO consultants with a view to facilitating in-depth discussions among the social partners. It further notes that the National Tripartite Committee and the Council of Labour and Social Consensus are playing an important role in developing effective tripartite relations in Mongolia. The Committee refers to its 2005 direct request and again asks the Government to provide information in its next report on all the matters set out in Article 5, paragraph 1, of the Convention, with an indication of their purpose and frequency and the nature of any reports and recommendations resulting from the consultations required by the Convention.

2. Financing of training and operation of the consultation procedures. The Committee notes that the funding for the National Committee is set out in the budget of the Ministry of Social Welfare and Labour every year. It further notes that the National Committee has established an exchange training programme with the Tripartite Commission of the Republic of Korea (Article 4, paragraph 2). The Committee asks the Government to indicate in its next report if consultations held with the representative organizations also covered the “working of the procedures” provided for in the Convention (Article 6).

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The Committee takes note of the information contained in the Government’s report received in July 2005.

1. Tripartite consultations required by the Convention. In reply to the Committee’s previous direct request, the Government indicates that the National Tripartite Committee of Labour and Social Consensus, composed of government, workers’ and employers’ representatives in equal numbers, has been the main organ developing tripartite relations in the country. The National Tripartite Committee meets at least once every three months and makes recommendations on various labour issues, such as developing and implementing state policy on labour matters, settling collective labour disputes, and monitoring implementation of the national agreement on social consensus. The Committee takes note of this information and requests the Government to keep providing detailed information on consultations held on all matters set out in Article 5, paragraph 1, of the Convention, during the period covered by the next report, specifying their purpose and frequency, and the nature of any reports or recommendations resulting from the consultations.

2. Financing of training and operation of the consultation procedures. The Government indicates that funding for the National Tripartite Committee is included on a yearly basis in the budget of the Ministry of Social Welfare and Labour. The Committee recalls that, where training for participants in the consultations proves to be necessary to enable them to perform their functions effectively, its financing should be provided through appropriate arrangements between the Government and the representative organizations (paragraphs 125 and 126 of the General Survey of 2000 on tripartite consultations). It requests the Government to indicate whether such arrangements have been made and, if so, to describe them (Article 4, paragraph 2). The Committee also asks the Government to provide information on the consultations held with the representative organizations, on the "working of the procedures", as envisaged in the Convention (Article 6).

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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 2003 direct request, which read as follows:

1. The Committee notes the Government’s first report on the application of the Convention, received in February 2003. It also notes the information from an ILO mission to Ulaan Baatar in May-June 2003.

2. The Committee notes the creation, by Government Decision No. 18 of 1996, of a National Advisory Commission. The Government indicates in its report that this Committee has however not been able to develop its activities and that practical cooperation measures have not been adopted. The Committee also notes the rules, formulated with ILO technical assistance, of a subcommission which is specifically responsible for the issues covered by Convention No. 144.

3. In order to be able to assess the application of the Convention as a whole, the Committee requests the Government to provide practical information on the manner in which the subcommission, or any other tripartite body, ensures effective consultations between the representatives of the Government, employers’ and workers’ on all the items envisaged under Article 5, paragraph 1, of Convention No. 144. Please indicate the frequency of consultations and the nature of the recommendations made as a result of the consultations held in the subcommission (Article 5, paragraph 2).

4. Article 4, paragraph 1, of the Convention. The Government indicates in its report that, if necessary, the Commission may establish a budget with equal contributions from each of the three parties to finance its activities. The Committee therefore requests the Government to specify the manner in which the competent authority assumes responsibility for the administrative support of the procedures provided for in the Convention.

5. Please also describe any arrangements made for the financing of any necessary training of participants in the consultation procedures (Article 4, paragraph 2) and provide information on the consultations held with the representative organizations, on the "working of the procedures", as envisaged in the Convention (Article 6).

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1. The Committee notes the Government’s first report on the application of the Convention, received in February 2003. It also notes the information from an ILO mission to Ulaan Baatar in May-June 2003.

2. The Committee notes the creation, by Government Decision No. 18 of 1996, of a National Advisory Commission. The Government indicates in its report that this Committee has however not been able to develop its activities and that practical cooperation measures have not been adopted. The Committee also notes the rules, formulated with ILO technical assistance, of a subcommission which is specifically responsible for the issues covered by Convention No. 144.

3. In order to be able to assess the application of the Convention as a whole, the Committee requests the Government to provide practical information on the manner in which the subcommission, or any other tripartite body, ensures effective consultations between the representatives of the Government, employers’ and workers’ on all the items envisaged under Article 5, paragraph 1, of Convention No. 144. Please indicate the frequency of consultations and the nature of the recommendations made as a result of the consultations held in the subcommission (Article 5, paragraph 2).

4. Article 4, paragraph 1, of the Convention. The Government indicates in its report that, if necessary, the Commission may establish a budget with equal contributions from each of the three parties to finance its activities. The Committee therefore requests the Government to specify the manner in which the competent authority assumes responsibility for the administrative support of the procedures provided for in the Convention.

5. Please also describe any arrangements made for the financing of any necessary training of participants in the consultation procedures (Article 4, paragraph 2) and provide information on the consultations held with the representative organizations, on the "working of the procedures", as envisaged in the Convention (Article 6).