Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Article 3 of the Convention. Right of workers’ and employers’ organizations to freely organize their activities and to formulate their programmes. In its previous comments, the Committee had noted that section 123.1.3 of the Labour Code provides that a strike organized as a result of a collective labour dispute shall be considered illegal if the strike has been organized in connection with matters not related to relations regulated by the collective agreement. The Committee had requested the Government to indicate whether trade unions can use strike action to support their position in the search for solutions to problems posed by major social and economic policy trends and have recourse to sympathy strikes. The Committee notes that the Government indicates in its report that “a strike means, in connection with a collective labour dispute, actions of employees whereby they voluntarily stop working, completely or partially, for a certain period of time” as defined by section 3.1.13 of the Labour Code. The Committee further notes that, according to comments sent by the Confederation of Mongolian Trade Unions (CMTU) along with the Government’s report on 9 November 2010, section 16.16 of the Constitution of Mongolia protects the freedom of thought, opinion, expression, speech, press and peaceful assembly and trade unions have the right to organize meetings and lawful demonstrations in support of their claims and demands. In these circumstances, the Committee requests the Government to confirm if, under the Labour Code or section 16.16 of the Constitution, trade unions can use strike action to support their position in the search for solutions to problems posed by major social and economic policy trends and have recourse to sympathy strikes.

The Committee further noted that section 120.4.2 of the Labour Code requires a trade union to indicate “a proposed duration of the strike” in a strike notice. The Committee had requested the Government to indicate whether workers can declare a strike for an indeterminate period of time. The Committee notes that the Government does not provide any additional information on this point. Furthermore, the Committee notes that, according to the CMTU, the date and time of commencement of the strike and the proposed duration are determined by the trade unions as “the period until the solution of the labour dispute”. In these circumstances, the Committee once again requests the Government to confirm whether workers can declare a strike for an indeterminate period, or as stated by the CMTU, “until the solution of the labour dispute”.