Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Mongolia (Ratification: 1969)

Article 1 of the Convention. Legislative developments. The Committee recalls the adoption on 2 February 2011 of the Law on the Promotion of Gender Equality. The Committee notes with interest a range of provisions relevant to the Convention. The Law defines and prohibits direct and indirect gender discrimination (section 4.1), including in employment and labour relations (section 11.1), in being employed in civil service (section 10.1), and in education and professional training (section 12.1). The Law also provides for equal access of men and women on equal terms to land and other immovable and movable properties, budget allocations, financial assets, credit, other economic wealth and resources (section 9.2). An employer is obliged to prevent gender discrimination in employment policies and labour relations and to ensure gender equality at the workplace, including through implementing activities based on a plan, refraining from listing preferences of one sex in job vacancies, and providing professional training opportunities for employees returning from absence due to childbirth and childcare (section 11.3). The Committee also notes that the Law establishes the National Committee on Gender (section 18), which has a broad mandate, including to coordinate and organize activities on the formulation, implementation and monitoring of gender policies, programmes and special measures; to review and to issue recommendations on the implementation of legislation, policies, programmes and recommendations made by the international organizations concerning the promotion of gender equality; and to coordinate the establishment of a gender database and an integrated information network. In addition, the Government is obliged to ensure the availability and accessibility of sex disaggregated statistical data (section 5.1.5). Complaints of violations of the Law can be brought before the National Human Rights Commission by persons who consider that they have been discriminated against, as well as trade unions and non-governmental organizations (sections 23.1 and 23.2), and if the ground of complaint is established as related to labour contracts or collective agreements, the case shall be resolved under the labour dispute resolution process (section 24.2). The Committee asks the Government to provide information on the practical application of the Law on the Promotion of Gender Equality, including the activities carried out by the National Committee on Gender and the number and nature of complaints examined and the outcome thereof, as well as details regarding any proceedings brought before the National Human Rights Commission and the labour dispute resolution process. The Committee also asks the Government to indicate any practical impact of section 11.3 of the Law on preventing discriminatory job advertisements.

Exclusion of women from certain occupations. The Committee recalls its previous comments concerning the exclusion of women from a wide range of occupations under section 101.1 of the Labour Law of 1999 and Order No. A/204 of 1999. The Committee notes the Government’s indication that section 8(b) of the list under the Order of 1999, which prohibits women from driving a vehicle weighing more than 2.5 tons, is being restated because the State Professional Inspection Agency affirmed that a modern heavy load truck is not harmful for women’s health. The Committee once again recalls that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women in employment and occupation (General Survey on fundamental Conventions, 2012, paragraph 840). The Committee urges the Government to ensure that protective measures are strictly limited to protecting maternity and that those measures aimed at protecting women because of their sex or gender based on stereotyped assumptions, in accordance with section 101.1 of the Labour law and Order No. A/204 of 1999 are repealed. Please provide information on the steps taken in this regard, including the status of section 8(b) of the list under the Order No. A/204 of 1999.

Inherent requirements. The Committee notes that section 6.5.6 of the Law on the Promotion of Gender Equality allows recruitment of a person of particular sex in accordance with section 101 of the Labour Law, or “based on a specific nature of some workplaces such as in preschool education institutions”. It also notes that sections 6.5.1 and 6.5.2 of the Law allows provisions of separate educational services or workplace facilities for men and women, whose scope seems to be too broad as constituting exceptions to gender discrimination. Recalling that the concept of inherent requirements of a particular job must be interpreted restrictively so as to avoid undue limitation of the protection provided by the Convention, the Committee asks the Government to take steps to review and revise section 6.5.6 of the Law on the Promotion of Gender Equality. It also asks the Government to indicate how it is ensured that provisions of separate educational services or workplace facilities for men and women under sections 6.5.1 and 6.5.2 of the Law do not in practice deprive men and women of equality of opportunity and treatment in respect of their employment.

Workers with family responsibilities. The Committee recalls section 100 of the Labour Law, which limits protection against dismissal on grounds of care for a child under 3 years of age only to mothers and single fathers. The Committee notes that the Law on the Promotion of Gender Equality prohibits preferential treatment in employment or dismissal based on sex, pregnancy, child caretaking roles or family status (section 11.1), and that incorporation in collective agreements of provisions on the creation of conditions and opportunities for men and women to combine their work and family responsibilities is required (section 11.2). The Committee asks the Government to provide information on whether any steps have been taken or envisaged to amend section 100 of the Labour Law, with a view to aligning it with the provisions of the Law on the Promotion of Gender Equality. It also asks the Government to provide information on the practical application of sections 11.1 and 11.2 of the Law on the Promotion of Gender Equality, including the number and nature of discrimination cases handled by the courts or the National Human Rights Commission, on grounds of family responsibilities. Please further provide any examples of collective agreements incorporating provisions aimed at the creation of conditions and opportunities for men and women to combine their work and family responsibilities.

The Committee is raising other points in a request addressed directly to the Government.