Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Articles 2 and 3 of the Convention. Right of workers and employers to form and join organizations of their own choosing and the right of these organizations to freely organize their activities and to formulate their programmes. The Committee notes the information provided by the Government and the 2013 statistics according to which the Confederation of Mongolian Trade Unions had 36 member organizations and 2,228 primary-level trade union committees, encompassing 211,410 members. It further notes the information provided in relation to the Mongolian Employers’ Federation (MONEF), with 21 regional employers’ associations, 12 sectoral associations and 41 professional associations. The Government further indicates that it is discussing with MONEF a draft law on the legal status of employers with an emphasis on the independence of employers’ organizations, and their right to draw up their own by-laws and determine their structure, activities and programmes. The Committee requests the Government to provide information on the outcome of this process, and to transmit a copy of the law on the legal status of employers as soon as it is adopted.

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 concerns matters not regulated by the collective agreement. The Committee had requested the Government to indicate whether trade unions could 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. Taking note of the information provided in the Government’s latest report, the Committee requests the Government to confirm that 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 by virtue of the freedoms set out in article 16 of the national Constitution.