Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Employment Policy Convention, 1964 (No. 122) - Mongolia (Ratification: 1976)

Implementation of an active employment policy. The Committee notes the information provided by the Government in its report received in November 2008, including information in reply to the Committee’s previous comments. The Government indicates that it has been implementing the National Programme on Employment Promotion, the National Programme on Improving Occupational Safety and Health Environment, and the National Programme on Supporting Living Standards of Households, which lead to the creation of 81,172 new jobs in 2007. The Government indicates that the overall unemployment rate was 3 per cent in 2007, of which 56.2 per cent were female. The number of registered unemployed jobseekers stood at 30,800. The Committee notes that the Government declared 2007 as the “Year of Job Creation”, whereby a set of activities and measures were developed to promote efforts towards job creation, to improve employment conditions through the distribution of labour market information to all citizens, to reduce poverty, to develop effective and efficient employment services in rural areas, and to revise the legal environment for employment promotion. The Committee also notes that the Mongolian National Development Policy Paper, as approved by Parliament in 2008, provides for a policy directed at implementing the Millennium Development Goals. The Government indicates that the National Development Policy will be implemented within the context of the mid- and short-term development programmes and action plans, the Government Action Plan and other programmes. The Committee asks the Government to provide information in its next report on the results of the implementation of the aforementioned national programmes and the National Development Policy Paper, with particular regard to employment generation. It also hopes that the information provided in the next report on active employment policy measures implemented by the Government will enable the Committee to examine the means by which economic growth translates into better labour market outcomes and poverty reduction (Articles 1 and 2 of the Convention).

Vocational training and education. The Committee notes that the Government is making revisions to the system of vocational training and education so as to provide for greater participation of the private sector and social partners in all stages of activities, such as the definition of vocational training requirements, the formulation of a training policy, the development of training standards and the contents thereof, the organization of trainings, testing of the level and quality of vocations, and to provide training participants with jobs. To this end, the following reforms were envisaged: (i) the development of a legal framework on vocational education and training and for its implementation; (ii) increased finances from the state budget for vocational education and training; (iii) the formulation of standards for vocational training of the population; (iv) development of school buildings; (v) training and retention of foreign teachers; and (vi) the development of a methodological system of management for vocational education. The Committee understands that the Law on Technical and Vocational Training was adopted in February 2009 and that the Government established a 16‑member national authority for vocational education and training which will be responsible for working with employers to determine the demand for vocational training and technical education among their employees and consult on issues concerning vocational education, training and employment. The Committee asks the Government to continue to provide information in its next report on the policies and measures being implemented to improve skills levels and coordinate education and training policies with prospective employment opportunities. The Government is also invited to supply information on the results of the implementation of the Law adopted in February 2009 and on the activities of the National Authority for Vocational Education and Training.

Employment services. The Government indicates that, as a result of the Social Security Sector Strategy Paper adopted in 2003, the Employment Promotion Law was revised in 2006 so as to provide for State employment services targeted at vulnerable categories of workers, employees in the informal sector and herders, increased types of State employment services, and revised revenues and expenditures of the Employment Promotion Fund. The Committee asks the Government to continue to provide information on the activities of the employment services, and how they contribute towards implementing active labour market policies.

Youth employment. The Committee notes that youth unemployment is higher than that compared with other age groups. The unemployment rate of young persons aged 15–17 was 18 per cent, and that of persons aged 20–24 was 21.2 per cent. The Government indicates that the draft National Plan on Youth Employment for 2008–15 was formulated with a view to promoting school-to-work transition and to support the employment of young persons. In this context, micro-credit programmes for the promotion of student employment were being carried out in connection with XAC bank. In 2007, the Employment Promotion Fund disbursed 200 million tugrigs as micro-credit for employment promotion, which enabled the provision of job opportunities to graduates. The Committee invites the Government to continue to provide information on the measures taken to implement the National Plan on Youth Employment, and to report on the effect such measures have had on increasing the access of young people to sustainable employment.

Persons with disabilities. The Committee further notes that, as part of its efforts to implement the objectives of the National Programme on Support for Disabled Persons, the Government has been working to provide guidance to organizations so as to encourage the employment of persons with disabilities. The Committee asks the Government to continue to provide information on the results of the implementation of the National Programme on Support for Disabled Persons in addressing the employment needs of persons with disabilities.

Herders. Further to the Policy on Support for Herders in Entrepreneurship, a programme was formulated and approved to encourage herders to become entrepreneurs, and to share herding practices and experiences with young herders. The programme also sought to support herders to run their enterprises effectively and to deliver appropriate employment services and measures for them. The Government is invited to continue to provide information on the measures taken to address the particular needs of herders.

Workers in the informal economy. The Committee notes the Government’s statement that it has defined policies on informal economy employment, which is one of the challenges facing the labour market. Further to the National Policy on Informal Employment, measures were taken to coordinate the State’s approach to workers in the informal economy, to provide them with information on the laws on employment and social security, to enable such workers to participate in social and health insurance, to organize training courses to provide workers in the informal economy with knowledge of labour relations, occupational safety and health, social welfare. The Government indicates that, in order to formalize records and develop information services for informal workers, the Aimag and the labour and social welfare service agencies carried out a survey on informal workers in 2007. As a result of this survey, 80,000 people were registered and given an identity card. The Committee welcomes such approach to address the needs of workers in the informal economy. The Committee invites the Government to include information in its next report on the implementation of measures to enable the progressive transfer of workers from the informal economy to the formal economy, and any measures to promote complementary relationships between the formal and informal economy and to provide greater access of undertakings in the informal sector to resources, product markets, credit, infrastructure, training facilities, technical expertise and improved technologies (Part V of the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169)).

Migrant workers seeking employment abroad. The Government indicates that amendments were introduced to the law on sending workers abroad and receiving workers and professionals from abroad, which are pending parliamentary approval. The proposed amendments provide for the development of a registration system for compiling information about workers sent abroad, and those foreign workers and professionals working in Mongolia. The amendments also seek to address the duties, responsibilities and requirements incumbent on mediation organizations, revises the procedure for giving special licences, refines the monitoring scheme, and improves state services for mediation organizations. The Committee further notes that steps are being taken to develop a legislative initiative on migrant workers, with the assistance of the Office. The Committee invites the Government to include information in its next report on the implementation of the aforementioned amendments to the law on sending workers abroad and receiving workers and professionals from abroad, including measures taken within the framework of an active employment policy to prevent abuse in the recruitment of migrant workers (Part X of the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169)).

Consultation with the persons affected. The Committee notes that the Tripartite National Committee on Labour and Social Dialogue was established to influence the formulation and implementation of State social policy on labour issues, to develop a tripartite social dialogue system, to monitor the implementation of the Tripartite Labour and Social Dialogue Agreement and to discuss economic and social issues. The Government also indicates that a National Council of Employment was established as a supernumerary organization of representatives from governmental organizations, which represent the rights and legal interests of the Government, employers and workers. The National Council of Employment is tasked with discussing issues relating to employment and unemployment, unemployment insurance and related issues of economic and social policy at the national level. It is intended to influence the formulation and implementation of State policy on unemployment insurance, to monitor budgets of revenues and expenditures of the Employment Promotion Fund, to develop conclusions and recommendations on employment issues, and to submit relevant matters to the competent authority for decision. The Committee asks the Government to report on the activities of the Tripartite National Committee on Labour and Social Dialogue and the National Council of Employment in respect of employment policies and the steps taken to ensure that the views of representatives of social partners (including representatives of the rural sector and the informal economy) are fully taken into account for the purposes of formulating and enlisting support for employment policies.