Minimum Age (Underground Work) Convention, 1965 (No. 123) - Mongolia (Ratification: 1981)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 2 of the Convention. Prohibition of underground work for persons under the specified minimum age. The Committee recalls its previous comments which highlighted that the ratification of the Minimum Age Convention, 1973 (No. 138), by a State party to Convention No. 123, ipso jure, involves the immediate denunciation of the latter if the State accepts the obligations of Convention No. 138 and either, in accordance with Article 2 of that Convention, specifies a minimum age of not less than the age specified in pursuance of Convention No. 123, namely 18 years, or specifies that such an age applies to employment underground in mines in virtue of Article 3 of Convention No. 138. It accordingly drew the Government’s attention to the fact that a formal declaration, specifying that Article 3 of Convention No. 138 applies to underground work, would result in the denunciation with immediate effect of Convention No. 123.

The Committee further noted the Government’s indication that a tripartite working group on developing a new Labour Code had been established, and that a first draft had been prepared. The Government stated that the new provisions would aim to comply with the standards of the Convention and that the revised text would be submitted to Parliament.

The Committee notes the Government’s indication, in its report, that the draft new Labour Code was submitted for approval in September 2017 and that it is currently awaiting to be adopted. The Committee welcomes the Government’s efforts to improve its labour legislation in line with the provisions of the Convention and requests that the Government submits the text of the new Labour Code once it has been adopted. Moreover, noting the Government’s statement that Article 3 of Convention No. 138 applies to underground work, the Committee once again invites the Government to issue a declaration, addressed to the Director-General of the International Labour Office for registration, indicating that Article 3 of Convention No. 138 applies to underground work, thereby resulting in the denunciation of Convention No. 123, and to provide information on any steps taken or envisaged in this respect.

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

Article 2 of the Convention. Prohibition of underground work for persons under the specified minimum age. The Committee recalls its previous comments which highlighted that the ratification of the Minimum Age Convention, 1973 (No. 138), by a State party to Convention No. 123, ipso jure, involves the immediate denunciation of the latter if the State accepts the obligations of Convention No. 138 and either, in accordance with Article 2 of that Convention, specifies a minimum age of not less than the age specified in pursuance of Convention No. 123, namely 18 years, or specifies that such an age applies to employment underground in mines in virtue of Article 3 of Convention No. 138. It accordingly drew the Government’s attention to the fact that a formal declaration, specifying that Article 3 of Convention No. 138 applies to underground work, would result in the denunciation with immediate effect of Convention No. 123.

The Committee notes the Government’s latest report which indicates that a tripartite working group on developing a new Labour Code had been established under Resolution No. a/71 of the Ministry of Labour as from 6 December 2012, and that a first draft had been prepared. The Government states that the new provisions will aim to comply with the standards of the Convention and that the revised text is planned to be submitted to Parliament in 2014. The Committee welcomes the Government’s efforts to improve its labour legislation in line with the provisions of the Convention and requests the Government to submit the text of the new Labour Code once it has been finalized. Moreover, noting the absence of any new information on the matter, the Committee again invites the Government to consider the possibility of issuing a declaration indicating that Article 3 of Convention No. 138 applies to underground work, thereby resulting in the denunciation of Convention No. 123, and to provide information on any steps taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret 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:

Repetition

Article 2 of the Convention. Prohibition of underground work for persons under the specified minimum age. The Committee previously noted with interest the Labour Code of 1999 and the Order of the Minister of Health and Social Welfare establishing the lists of the jobs prohibited for women and young persons (No. A/204 of 1999). The Committee noted that under section 86 of the Labour Code, the minimum age for admission to employment in all underground work is 18 years. It also noted that section 109.4 of the Labour Code prohibits the employment of a minor in work which would be prejudicial to her or his intellectual development and health. Furthermore, Appendix 2 to Order No. A/204 of 1999 establishes the list of jobs prohibited for minors, which includes underground work in section 1. When ratifying the Convention, Mongolia specified the age of 18 as the minimum age for admission to underground work.

In view of the above, the Committee took the opportunity to draw the Government’s attention to the decision taken by the Governing Body with regard to the Convention following its examination by the Working Party on Policy regarding the Revision of Standards (GB.270/LILS/3(Rev.1)). The Governing Body decided to invite States parties to Convention No. 123 to contemplate ratifying the Minimum Age Convention, 1973 (No. 138). The ratification of Convention No. 138 by a State party to Convention No. 123, ipso jure, involves the immediate denunciation of the latter if the State accepts the obligations of Convention No. 138 and either, in accordance with Article 2 of that Convention, specifies a minimum age of not less than the age specified in pursuance of Convention No. 123, namely 18 years, or specifies that such an age applies to employment underground in mines in virtue of Article 3 of Convention No. 138.

The Committee noted that Mongolia ratified Convention No. 138 on 16 December 2002 and specified a minimum age for admission to work or employment of 15 years, which is lower than the age specified for Convention No. 123. It further noted that the Government has not specified that Article 3 of Convention No. 138 applies to underground work. Consequently, the ratification of Convention No. 138 by Mongolia has not resulted in the denunciation of Convention No. 123. The Committee noted that the national legislation (section 86 of the Labour Code and section 1 of Appendix 2 to Order No. A/204 of 1999) prohibits work by young persons under 18 years of age in mines. It drew the Government’s attention to the fact that a formal declaration specifying that Article 3 of Convention No. 138 applies to underground work would result in the denunciation with immediate effect of Convention No. 123. In view of the above, the Committee suggests that the Government might consider the possibility of issuing a declaration indicating that Article 3 of Convention No. 138 applies to underground work, thereby resulting in the denunciation of Convention No. 123.

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

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:

Repetition

Article 2 of the Convention. Prohibition of underground work for persons under the specified minimum age. The Committee had previously noted with interest the Labour Code of 1999 and the Order of the Minister of Health and Social Welfare establishing the lists of the jobs prohibited for women and young persons (No. A/204 of 1999). The Committee noted that under section 86 of the Labour Code, the minimum age for admission to employment in all underground work is 18 years. It also noted that section 109.4 of the Labour Code prohibits the employment of a minor in work which would be prejudicial to her or his intellectual development and health. Furthermore, Appendix 2 to Order No. A/204 of 1999 establishes the list of jobs prohibited for minors, which includes underground work in section 1. When ratifying the Convention, Mongolia specified the age of 18 as the minimum age for admission to underground work.

In view of the above, the Committee takes the opportunity to draw the Government’s attention to the decision taken by the Governing Body with regard to the Convention following its examination by the Working Party on Policy regarding the Revision of Standards (GB.270/LILS/3(Rev.1)). The Governing Body decided to invite States parties to Convention No. 123 to contemplate ratifying the Minimum Age Convention, 1973 (No. 138). The ratification of Convention No. 138 by a State party to Convention No. 123, ipso jure, involves the immediate denunciation of the latter if the State accepts the obligations of Convention No. 138 and either, in accordance with Article 2 of that Convention, specifies a minimum age of not less than the age specified in pursuance of Convention No. 123, namely 18 years, or specifies that such an age applies to employment underground in mines in virtue of Article 3 of Convention No. 138.

The Committee notes that Mongolia ratified Convention No. 138 on 16 December 2002 and specified a minimum age for admission to work or employment of 15 years, which is lower than the age specified for Convention No. 123. It further notes that the Government has not specified that Article 3 of Convention No. 138 applies to underground work. Consequently, the ratification of Convention No. 138 by Mongolia has not resulted in the denunciation of Convention No. 123. The Committee notes that the national legislation (section 86 of the Labour Code and section 1 of Appendix 2 to Order No. A/204 of 1999) prohibits work by young persons under 18 years of age in mines. It draws the Government’s attention to the fact that a formal declaration specifying that Article 3 of Convention No. 138 applies to underground work would result in the denunciation with immediate effect of Convention No. 123. In view of the above, the Committee suggests that the Government might consider the possibility of issuing a declaration indicating that Article 3 of Convention No. 138 applies to underground work, thereby resulting in the denunciation of Convention No. 123.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 2 of the Convention. Prohibition of underground work for persons under the specified minimum age. The Committee had previously noted with interest the Labour Code of 1999 and the Order of the Minister of Health and Social Welfare establishing the lists of the jobs prohibited for women and young persons (No. A/204 of 1999). The Committee noted that under section 86 of the Labour Code, the minimum age for admission to employment in all underground work is 18 years. It also noted that section 109.4 of the Labour Code prohibits the employment of a minor in work which would be prejudicial to her or his intellectual development and health. Furthermore, Appendix 2 to Order No. A/204 of 1999 establishes the list of jobs prohibited for minors, which includes underground work in section 1. When ratifying the Convention, Mongolia specified the age of 18 as the minimum age for admission to underground work.

In view of the above, the Committee takes the opportunity to draw the Government’s attention to the decision taken by the Governing Body with regard to the Convention following its examination by the Working Party on Policy regarding the Revision of Standards (GB.270/LILS/3(Rev.1)). The Governing Body decided to invite States parties to Convention No. 123 to contemplate ratifying the Minimum Age Convention, 1973 (No. 138). The ratification of Convention No. 138 by a State party to Convention No. 123, ipso jure, involves the immediate denunciation of the latter if the State accepts the obligations of Convention No. 138 and either, in accordance with Article 2 of that Convention, specifies a minimum age of not less than the age specified in pursuance of Convention No. 123, namely 18 years, or specifies that such an age applies to employment underground in mines in virtue of Article 3 of Convention No. 138.

The Committee notes that Mongolia ratified Convention No. 138 on 16 December 2002 and specified a minimum age for admission to work or employment of 15 years, which is lower than the age specified for Convention No. 123. It further notes that the Government has not specified that Article 3 of Convention No. 138 applies to underground work. Consequently, the ratification of Convention No. 138 by Mongolia has not resulted in the denunciation of Convention No. 123. The Committee notes that the national legislation (section 86 of the Labour Code and section 1 of Appendix 2 to Order No. A/204 of 1999) prohibits work by young persons under 18 years of age in mines. It draws the Government’s attention to the fact that a formal declaration specifying that Article 3 of Convention No. 138 applies to underground work would result in the denunciation with immediate effect of Convention No. 123. In view of the above, the Committee suggests that the Government might consider the possibility of issuing a declaration indicating that Article 3 of Convention No. 138 applies to underground work, thereby resulting in the denunciation of Convention No. 123.

Part IV of the report form. Practical application of the Convention. In its previous comments, the Committee requested the Government to continue providing information on the manner in which the Convention is applied in practice. The Committee notes in the Government’s report submitted under the ILO Minimum Age Convention, 1973 (No. 138), that in October 2005, the National Statistical Office launched the final report of the National Child Labour Survey 2002–03 conducted with the technical support of ILO/IPEC/SIMPOC. Out of the 677,000 children aged 5–17 years, 10.1 per cent are involved in some form of activities in the economic sector. Of the working children, this report states that about 2 per cent are working in the mining and construction sectors and the processing industry (all taken together). The Committee further notes that there are some children involved in harmful forms of labour such as informal gold, coal, fluorspar and salt mining, quarrying and processing.

In addition, the Committee notes the Government’s information submitted under the ILO Worst Forms of Child Labour Convention, 1999 (No. 182), that the “sustainable micro mining” project implemented by the Swiss Agency for Development and Cooperation, the “role and participation of employers in eliminating child labour at the mining sector” project implemented by ILO/IPEC and the “social and economic situation of gold miners” project implemented by the United Nations Population Fund, all give appropriate support in preventing and eliminating child labour in the mining sector. The Committee notes that 208 children working in the mining sector were covered by the abovementioned projects, 256 children were being retrained, 65 were undergoing professional training and 69 children re-entered general educational schools.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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:

The Committee noted with interest the Labour Code of 1999 and the Order of the Minister of Health and Social Welfare establishing the lists of the jobs prohibited for women and young persons (No. A/204 of 1999).

Article 2 of the Convention. When ratifying the Convention, Mongolia specified the age of 18 as the minimum age for admission to underground work. The Committee noted that under section 86 of the Labour Code, the minimum age for admission to employment in all underground work is 18 years. It also notes that section 109.4 of the Labour Code prohibits the employment of a minor in work which would be prejudicial to her or his intellectual development and health. Furthermore, Appendix 1 to Order No. A/204 of 1999 establishes the list of jobs prohibited for minors, which includes underground work. However, the Committee observes that neither the Labour Code nor Order No. A/204 of 1999 contain a definition of the term “minor”. The Committee also notes the information provided by the Government in its report that informal work is on the increase in the following activities: the manual extraction of gold, coal and other minerals. Accordingly, with a view to protecting the health of young persons employed in the informal mining sector, the Parliament is currently examining a Bill respecting the informal mining sector. The Committee noted that section 16 of this Bill sets forth the prohibition of the employment of young persons under 18 years of age in the manual extraction of minerals. The Committee requests the Government to provide information concerning the adoption of this Bill, and to indicate the definition of the term “minor” in the abovementioned Order No. A/204.

Part IV of the report form. In its previous comments, the Committee noted that old mines were being used again by private economic entities. The Committee noted the information provided by the Government that, in the same way as employers’ and workers’ organizations, it pays attention to the issue of the employment of young persons in underground work. It also noted the projects implemented by the Government and ILO/IPEC to provide educational alternatives and rehabilitation for working children engaged in hazardous work in the Nalaikh mines. It noted that, according to the studies carried out, 238 children of an average age of 14 years were working in coal mines in Tuv Province, of whom 188 were boys. Furthermore, according to a study entitled: “Child labour in gold mines of Mongolia”, 1,871 children were working in opencast mines in 2002. The Committee requests the Government to continue providing information on the manner in which the Convention is applied in practice, in accordance with Part IV of the report form.

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

The Committee notes with interest the Labour Code of 1999 and the Order of the Minister of Health and Social Welfare establishing the lists of the jobs prohibited for women and young persons (No. A/204 of 1999).

Article 2 of the Convention. When ratifying the Convention, Mongolia specified the age of 18 as the minimum age for admission to underground work. The Committee notes that under section 86 of the Labour Code, the minimum age for admission to employment in all underground work is 18 years. It also notes that section 109.4 of the Labour Code prohibits the employment of a minor in work which would be prejudicial to her or his intellectual development and health. Furthermore, Appendix 1 to Order No. A/204 of 1999 establishes the list of jobs prohibited for minors, which includes underground work. However, the Committee observes that neither the Labour Code nor Order No. A/204 of 1999 contain a definition of the term "minor". The Committee also notes the information provided by the Government in its report that informal work is on the increase in the following activities: the manual extraction of gold, coal and other minerals. Accordingly, with a view to protecting the health of young persons employed in the informal mining sector, the Parliament is currently examining a Bill respecting the informal mining sector. The Committee notes that section 16 of this Bill sets forth the prohibition of the employment of young persons under 18 years of age in the manual extraction of minerals. The Committee requests the Government to provide information concerning the adoption of this Bill, and to indicate the definition of the term "minor" in the abovementioned Order No. A/204.

Part IV of the report form. In its previous comments, the Committee noted that old mines were being used again by private economic entities. The Committee notes the information provided by the Government that, in the same way as employers’ and workers’ organizations, it pays attention to the issue of the employment of young persons in underground work. It also notes the projects implemented by the Government and ILO/IPEC to provide educational alternatives and rehabilitation for working children engaged in hazardous work in the Nalaikh mines. It notes that, according to the studies carried out, 238 children of an average age of 14 years were working in coal mines in Tuv Province, of whom 188 were boys. Furthermore, according to a study entitled: "Child labour in gold mines of Mongolia", 1,871 children were working in opencast mines in 2002. The Committee requests the Government to continue providing information on the manner in which the Convention is applied in practice, in accordance with Part IV of the report form.

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

The Committee notes with regret 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:

The Committee recalled that Mongolia specified at the time of ratification of the Convention the minimum age for underground work of 18 years. It noted that the report received in 1994 indicated that the personnel departments of all enterprises and establishments maintain special records on workers under 18. The Committee pointed out that the Convention requires these records to be kept as regards persons who are less than two years older than the specified minimum age (Article 4 of the Convention). The Committee again requests the Government to indicate the measures taken or envisaged to ensure that records are kept in respect of persons under 20 years of age who are employed or work underground.

The Committee also noted the Government’s indication that, during the last few years, old mines have been used again by the private economic entities, and that no contravention has been reported. It again requests the Government to continue to supply information on the manner in which the Convention is applied in practice as required under Part IV of the report form.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret 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:

The Committee recalled that Mongolia specified at the time of ratification of the Convention the minimum age for underground work of 18 years. It noted that the report received in 1994 indicated that the personnel departments of all enterprises and establishments maintain special records on workers under 18. The Committee pointed out that the Convention requires these records to be kept as regards persons who are less than two years older than the specified minimum age (Article 4 of the Convention). The Committee again requests the Government to indicate the measures taken or envisaged to ensure that records are kept in respect of persons under 20 years of age who are employed or work underground.

The Committee also noted the Government's indication that, during the last few years, old mines have been used again by the private economic entities, and that no contravention has been reported. It again requests the Government to continue to supply information on the manner in which the Convention is applied in practice as required under Part IV of the report form.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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 following matters raised in its previous direct request:

The Committee recalls that Mongolia specified at the time of ratification of the Convention the minimum age for underground work of 18 years. It noted that the report received in 1994 indicated that the personnel departments of all enterprises and establishments maintain special records on workers under 18. The Committee points out that the Convention requires these records to be kept as regards persons who are less than two years older than the specified minimum age (Article 4 of the Convention). The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that records are kept in respect of persons under 20 years of age who are employed or work underground.

The Committee also noted the Government's indication that, during the last few years, old mines have been used again by the private economic entities, and that no contravention has been reported. It requests the Government to continue to supply information on the manner in which the Convention is applied in practice as required under Part IV of the report form.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee recalls that Mongolia specified at the time of ratification of the Convention the minimum age for underground work of 18 years. It notes that the report received in 1994 indicates that the personnel departments of all enterprises and establishments maintain special records on workers under 18. The Committee points out that the Convention requires these records to be kept as regards persons who are less than two years older than the specified minimum age (Article 4 of the Convention). The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that records are kept in respect of persons under 20 years of age who are employed or work underground.

The Committee also notes the Government's indication that, during the last few years, old mines have been used again by the private economic entities, and that no contravention has been reported. It requests the Government to continue to supply information on the manner in which the Convention is applied in practice as required under point IV of the report form.