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

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

Article 2 of the Convention. Facilities afforded to workers’ respresentatives. The Committee had noted in its previous comments that under provision 18.1.11 of the Labour Act, 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 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 had further noted the Government’s indications that: (i) 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; (ii) workers’ representatives are free to carry out their legal functions at any workplace; (iii) trade unions are provided with rights to publish and distribute their own information and publications to workers and the public; and (iv) actual rates of membership dues are fixed by all members. Noting that the Government is in the process of reviewing and revising its labour legislation, the Committee invites it to consider including some of these elements in its labour laws. It requests the Government to provide information on the progress made in this regard.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

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).

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

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).

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report.

The Committee notes that the Government’s report contains no concrete reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request.

Article 2 of the Convention. The Committee had noted in its previous direct request that under provision 18.1.11 of the Labour Law, collective agreements shall provide the necessary facilities to trade unions and their elective officials to enable them to carry out their functions promptly and efficiently. The Committee requests once again the Government to keep it informed of the measures that have actually been taken through collective agreements to allow workers’ representatives such facilities as well as of the number of collective agreements concluded and the number of workers covered by them. The Committee points out in this connection 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 recalls that the Convention can also be applied through the legislation and invites the Government to consider measures so that the legislation ensures concrete facilities to workers’ representatives.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2 of the Convention. The Committee notes that under provision 18.1.11 of the Labour Law, collective agreements shall provide the necessary facilities to trade unions and their elective officials to enable them to carry out their functions promptly and efficiently. The Committee requests the Government to keep it informed of the measures that have actually been taken through collective agreements to allow workers’ representatives such facilities as well as of the number of collective agreements concluded and the number of workers covered by them.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s first report.

Article 2 of the Convention. The Committee notes that under provision 18.1.11 of the Labour Law, collective agreements shall provide the necessary facilities to trade unions and their elective officials to enable them to carry out their functions promptly and efficiently. The Committee requests the Government to keep it informed of the measures that have actually been taken through collective agreements to allow workers’ representatives such facilities as well as of the number of collective agreements concluded and the number of workers covered by them.