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

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

Article 2 of the Convention. The Committee had noted in several of its previous direct requests that under provision 18.1.11 of the Labour Law, collective agreements shall provide the necessary facilities to trade unions and their elected officials to enable them to carry out their functions promptly and efficiently. The Committee had recalled in its previous direct request that the Workers’ Representatives Recommendation, 1971 (No. 143), gives some examples of such facilities: time off from work to attend trade union meetings, congresses, etc.; access to all workplaces in the undertaking, where necessary; distribution to workers of publications; and the possibility of collecting trade union dues regularly on the premises of the enterprise, etc. The Committee recalled that the Convention can also be applied through the legislation and invited the Government to consider measures so that the legislation ensures concrete facilities to workers’ representatives.

The Committee notes that the Government indicates in its report that legislation provides that during the negotiation of a collective agreement, the relevant state organization and employer shall be obliged to provide all required information to the employees’ representatives and that the parties are obliged to exchange all information in their possession when monitoring the progress and enforcement of a collective agreement. The Committee also notes that the Government indicates that: (1) trade union elected and non-elected officials are provided opportunities to participate in and attend conferences, meetings and seminars organized by their respective trade unions; (2) workers’ representatives are free to carry out their legal functions at any workplace; (3) trade unions are provided with rights to publish and distribute their own information and publications to workers and the public; and (4) actual rates of membership dues are fixed by all members and some favourable provisions to enable trade unions to better function by providing necessary supplies as stipulated in enterprise collective agreements. The Committee requests the Government to indicate the legal basis of these facilities (legislation, national or sectoral collective agreements, or other bases).