All Comments

Article 1(1)(b) and (c), of the Convention and part IV of the report form. Temporary work agencies. Other services offered. The Committee notes the Government’s report and its replies to the Committee’s previous comments, including on Articles 1(1)(c), 4 and 7 of the Convention. The Government informs that since 1 January 2022, private employment agencies (“PEAs”) are governed by sections 76 and 77 of the New Labour Law which relate to tripartite employment relations. The Committee notes with interest that section 76 regulates work under labour supply contracts, and that section 77 regulates the terms to be included in such contracts. It further notes that pursuant to section 76.1 a legal entity that provides a labour supply service can put its employees at the disposal of another employer through a labour supply contract, which corresponds to the type of services envisaged by Article 1(1)(b), of the Convention (services consisting of employing workers with a view to making them available to a third party (user enterprise), who may be a natural or legal person which assigns their tasks and supervises the execution of these tasks). The Committee also notes with interest the Government’s indication that following the adoption of the New Labour Law, amendments were also introduced to the Law on Employment Promotion, which henceforth provides that: (i) business entities and organizations may provide labour supply services in accordance with section 76 of the New Labour Law upon registration with the State administrative body in charge of labour issues (section 91.1); and (ii) the authority in charge of labour issues needs to approve the requirements and registration procedures for business entities and organizations providing labour supply services (section 91.1). The Committee asks the Government to provide information on the application of sections 76 and 77 of the New Labour Law and section 91 of the Law on Employment Promotion in practice. The Committee further asks the Government to indicate whether the national legislation also authorizes other types of labour market services to be provided by private employment agencies such as those referred to by Article 1(1)(a) and (c), such as services for matching offers and applications for employment, without the private employment agency becoming a party to the employment relationships which may arise therefrom; and, other services relating to jobseeking, determined by the competent authority such as the provision of information, that do not set out to match specific offers and applications for employment. The Committee also asks the Government to provide a copy of the amended Employment Promotion Law with its next report.

Article 3.Legal status. The Committee notes the Government’s reference to the national legal framework and, in particular, to Order 5.1, 5.2, 5.3 as well as Order A / 116 of 6 May 2016 on the “Regulation on registration and financing/tariff/issuance of private labour exchanges”. Taking into account the recent amendment of the Employment Promotion Law which refers to the need for PEAs to be duly registered and authorized, the Committee considers that there is a need to clarify the extent to which the above orders govern the legal status of all PEAs for the purpose of the Convention. The Committee wishes to recall in this respect that the conditions governing the operation of PEAs shall be determined under a licensing or certification system, but may also be otherwise regulated or determined by national law and practice. Member States are required to take action, either directly through a system of legislation, licensing or certification, or indirectly, by authorizing an existing national practice or one to be established. Licensing requires natural or legal persons to secure authorization before they may begin to operate as a PEA (General Survey of 2010 concerning employment instruments, paragraph 240). Therefore, the Committee requests the Government to provide the needed clarifications as regards the legal status of private employment agencies (PEAs) and on the conditions governing their operation. The Government is also requested to provide information on consultations held with the most representative organizations of employers and workers regarding the determination of the legal status of such agencies. The Committee further requests the Government to provide additional information on the nature of the special permit to be issued under the National Standard MNS 6620:2016.

Article 5. Equality of opportunity and treatment. The Government provides general references to legal provisions prohibiting discrimination, to the implementation of a gender policy in the field of population, labour and social protection in 2018–21, and a national program to ensure gender equality. The Committee therefore once again requests the Government to provide concrete information on how private employment agencies (PEAs) respect the principle of gender equality in employment and occupation, and how they participate in the implementation of gender policies and to indicate the concrete measures taken or envisaged to ensure that all PEAs treat workers without discrimination and respect equality of opportunity and treatment in access to employment as well as to specific occupations.

Article 6. Processing of workers’ personal data. The Committee notes the information provided by the Government in response to its previous comment.

Articles 8, 9 and 10. Migrant workers. Measures to combat child labour. Adequate complaint machineries and procedures. The Government indicates that PEAs are only active in the intermediation of labour to Japan and provides information on the audits and inspections conducted under the framework. In regard to child labour, it refers to section 76.1 of the New Labour Law based on which temporary work agencies are “prohibited from employing a minor under a labour supply contract”. The Committee notes that while the Government refers to penal provisions concerning general violations of the labour law, the report does not supply information on how it is ensured that child labour is not used or supplied by PEAs. The Committee notes that on 24 December 2021, the Parliament of Mongolia passed the Labour Migration Law, in force since 1 July 2022, which replaced the Law on Sending Labour Force Abroad and Receiving Labour Force and Specialists From Abroad. The Committee asks the Government to provide further details as regards the measures giving effect to paragraph 1 of Article 8 and the consultations with employers’ and workers’ organizations in relation thereto. It also asks the Government to indicate whether, further to the bilateral agreement concluded with Japan, the conclusion of other bilateral agreements is considered to prevent abuses and fraudulent practices in the recruitment, placement and employment of migrants and to provide copies of these agreements (Article 8). The Committee also again requests the Government to provide information on the specific measures taken or envisaged to give effect to the Convention and the provision of the new Labour Law aimed at prohibiting the recruitment and supply of child labour by private employment agencies (PEAs) (Article 9). The Committee asks the Government to describe the general machinery and procedures for the investigation of complaints concerning the activities of PEAs acting in a domestic or a cross-border context (Article 10). The Committee request the Government to include in the analysis the relevant provisions of the Labour Migration Law, in force since 1 July 2022, and to provide a copy thereof with its next report.

Articles 11 and 12. Ensuring adequate protection for workers. Allocation of responsibilities between PEAs and user enterprises. In response to the Committee’s previous comments, the Government refers to section 77.1. of the New Labour Law and to other provisions of its legislative framework related to basic labour rights. While taking due note of these new legislative provisions, the Committee considers that further specifics are required as regards: (i) how adequate protection of temporary work agency workers is ensured; (ii) the specifics of triangular employment relationships; and (iii) how the duties and responsibilities are divided in practice between PEAs and user enterprises. The Committee asks the Government to indicate the specific measures guaranteeing adequate protection for workers employed by private employment agencies (PEAs) as regards all the areas listed by Article 11. In addition, it requests the Government to indicate the way in which responsibilities are allocated between temporary work agencies and user enterprises in all areas described in Article 12, including information on whether regulations have been passed to implement the above sections of new Labour Law to give effect to Articles 11 and 12 of the Convention.

Article 13. Effective cooperation between the public employment service and PEAs. The Committee notes the Government’s succinct reference to regulatory frameworks and the existence of an electronic system to further develop public-private partnerships. In the absence of further information,the Committee asks the Government to indicate which employers’ and workers’ organizations were consulted and provide information on conditions to promote cooperation between the public employment service and private employment agencies (PEAs) (paragraphs 1 and 2). It also asks the Government to indicate the competent authorities to which this provision refers and provide examples of the information provided to them by the PEAs (paragraph 3). Lastly, it requests the Government to specify the type of information that is made publicly available and the intervals at which it is made public (paragraph 4).

Article 14 and parts IV and V of the report form. Inspections. General application of the Convention. The Committee notes the Government’s statement that between January and August 2021 a total of 10,440 persons were provided with general employment services, whereas the services provided to 2,970 persons were not in compliance with the applicable rules and regulations. The Government also indicates that a draft amendment to the Law on Violations in relation to labour supply contracts and the New Labour Law had been submitted to the Ministry of Justice and Home Affairs. The Committee requests the Government to provide specific details on how the labour inspection service or other competent public authorities supervise and ensure the effective implementation of the provisions of this Convention (Article 14(2)). It also asks the Government to provide concrete examples of the remedies imposed for cases of violation of the Convention by private employment agencies (PEAs), including extracts of inspection reports, information on the number of workers covered by the measures giving effect to the Convention and the number and nature of infringements reported (Article 14(3)). It further requests the Government to state whether courts of law or other tribunals have rendered decisions involving questions of principle relating to the application of the Convention. If so, please supply the text of these decisions (Article 14(1) and Part IV of the Report Form). Lastly, the Committee asks the Government to give a general appreciation of how the Convention is applied in the country, and supply – in so far as the information in question has not already been supplied in connection with other questions- extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, and the number and nature of infringements reported (Part V of the Report Form).

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 1(1)(b) and 2(1) and (4), of the Convention. Temporary work agencies. Prohibitions and exclusions. The Committee notes the Government’s first report indicating that all private employment agencies (PEAs) are required to comply with National Standard MNS 6620:2016. While national and international actors offer services to foreign companies by serving as the employer of record and supplying local employment contracts for staff hired by these actors, ensuring that local statutory requirements are met in relation to matters such as termination, probation periods, leave entitlements and statutory benefits, the Committee notes that the Employment Promotion Law does not address situations in which PEAs employ workers (“temporary work agencies”) with a view to making them available to a third party, that is, a “user enterprise”. Furthermore, it is unclear whether the Mongolian National Union for Agricultural Cooperatives, which sends agricultural labour abroad, is acting as an employment agency in the sense of Article 1(1)(b). The Committee requests the Government to provide updated detailed information indicating whether and to what extent PEAs are authorized to offer services consisting of employing workers with a view to making them available to a user enterprise, as contemplated under Article 1(1)(b), of the Convention, and to indicate the relevant legal provisions in this regard. It also asks the Government to indicate whether recourse has been made to Article 2(4), with respect to temporary work agencies and, if so, to provide information on consultations with employers’ and workers’ organizations regarding the manner in which adequate protection is assured for the workers concerned. The Committee further requests the Government to keep the Office informed of the adoption or amendment of labour legislation relevant to the application of the Convention and to provide copies of laws or regulations giving effect to the provisions of the Convention, including National Standard MNS 6620:2016 and the Law on Legal Status of Government Agencies.

Articles 1(1)(c) and 5(2). Other services offered by private employment agencies. Targeted programmes. The Committee notes that, pursuant to section 10.2 of the Employment Promotion Law, PEAs and non-governmental organizations may provide services providing preparation for employment, support and assistance on a contractual basis. The Government reports that, on the basis of National Standard MNS 6620:2016, six employment promotion programmes have been approved to date by the tripartite National Employment Council. The programmes seek to place unemployed individuals and those with disabilities in permanent as well as temporary jobs, coordinate and deliver training activities. The programmes are to be implemented by PEAs and include training and capacity building for employment, workplace promotion, youth employment support and start-up promotion, herders’ employment promotion as well as promotion of employment for persons with disabilities. The Committee requests the Government to provide updated detailed information on the type and number of PEAs participating in the six employment promotion programmes established under National Standard MNS 6620:2016. It further requests the Government to provide information on the employment-related activities carried out in the framework of each of the six programmes and on their impact, including statistical information disaggregated by age and sex (Article 1(1)(c)). In addition, it requests the Government to provide information on the nature and extent of special services or targeted programmes implemented by PEAs to assist disadvantaged workers in accessing employment opportunities (Article 5(2).

Article 3. Legal status and conditions of operation. The Government indicates that, based on National Standard MNS 6620:2016, PEAs must obtain a “special permit” from the General Agency for Labor and Social Services authorizing them to conduct employment service activities. This special permit enables PEAs to receive State funding in exchange for delivering employment services to the public. The Committee further notes that the nature of the “mediation permit” issued under section 6.1 of the Law on Sending Labour Force Abroad and Receiving Labour Force and Specialists from Abroad, is not specified. Moreover, the Government has provided no information regarding the regulation of temporary work agencies operating solely at the national level. The Committee therefore requests the Government to provide information on the legal status of all PEAs operating in the country, including temporary work agencies and agricultural cooperatives sending labour abroad, as well as on the conditions governing their operations. The Committee further requests the Government to provide additional information on the nature of the special permit to be issued under the National Standard MNS 6620:2016 as well as on the nature of the mediation permit provided for under section 6.1 of the Law on Sending Labour Force Abroad and Receiving Labour Force and Specialists from Abroad. It also requests the Government to provide information on consultations held with the most representative organizations of employers and workers regarding the determination of the legal status of such agencies.

Article 4. Freedom of association and collective bargaining. The Committee notes that the Government has not provided information on whether and to what extent Labour Code provisions regarding the applicability of collective agreements and trade union rights apply to workers made available to user enterprises in the sense of Article 1(1)(b). The Committee requests the Government to provide information on the measures taken to ensure that workers made available to user enterprises benefit from existing collective agreements entered into by the user enterprise in a manner similar to its employees. The Committee further requests the Government to communicate information indicating the manner in which it is ensured that workers recruited by temporary work agencies are afforded the right to freedom of association and collective bargaining.

Article 5. Equality of opportunity and treatment. The Committee recalls its 2017 comments with regard to Mongolia’s implementation of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), noting that gender-based discrimination remained prevalent in practice, despite the adoption in 2008, almost a decade before, of amendments to the Mongolian Labour Code aimed at preventing the exclusion of women from a wide range of occupations. The Committee requests the Government to indicate the measures taken or envisaged to ensure that all PEAs treat workers without discrimination and respect equality of opportunity and treatment in access to employment as well as to specific occupations. In particular, the Committee invites the Government to provide information on measures taken or envisaged to ensure that all PEAs respect the principle of gender equality in employment and occupation.

Article 6. Processing of workers’ personal data. The Committee notes the information provided by the Government concerning the processing of jobseekers’ personal data, which is conducted based on template for registering an individual’s information into an integrated employment database. The Committee requests the Government to provide specific information on the manner in which workers’ personal data is protected as required under Article 6.

Article 7. Fee-charging. The Government indicates that, under section 6.5 of the Employment Promotion Law, employment promotion services shall be delivered free of charge. It adds that no special treatment or exceptions have been made in this respect. The Committee notes that section 9.4 of the Employment Promotion Law, which refers to Mongolian “citizens”, could be interpreted as permitting PEAs to charge fees to non-Mongolian jobseekers. The Committee therefore requests the Government to provide detailed information on the measures taken or envisaged to ensure that PEAs, including temporary work agencies, do not charge either national or non-national workers directly or indirectly for their services. It also requests the Government to provide information on the mechanisms and procedures in place to enforce prohibitions against fee-charging.

Article 8. Migrant workers. The Government reports that the Ministry of Labour and Social Welfare is working on a reform of the Law on Sending Labour Force abroad and Receiving Foreign Expert and Labour Force, with a view to strengthening rights and protection for migrant workers, both Mongolian citizens working abroad and foreign workers employed in Mongolia. The Committee notes that, in 2008, some 20 PEAs were authorized to export labour abroad. The Committee also notes that since 2003, the Mongolian National Union for Agricultural Cooperatives has been sending agricultural labour abroad, mainly to the Republic of Korea, the Czech Republic, Hungary and Japan. It also notes that as of 2008, Mongolia had concluded bilateral agreements with the Republic of Korea (2004), Chinese Taipei (2001), the Czech Republic (1999) and Japan (1998). The Committee requests the Government to provide information regarding all bilateral agreements it has concluded which address the prevention of abuses and fraudulent practices in the recruitment, placement and employment of migrant workers and to provide copies of these agreements.

Article 9. Measures ensuring that child labour is not used or supplied. The Committee refers to its previous comments in regard to the implementation of the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), particularly in regard to the international trafficking and forced commercial exploitation of girls. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that child labour is neither recruited nor supplied by PEAs, including temporary work agencies.

Article 10. Adequate complaint machineries and procedures. The Government indicates that, in addition to the monitoring of compliance in the areas of labour law and social protection by the Department of Monitoring, Evaluation and Internal Audit of the Ministry of Labour and Social Protection, a working group consisting, inter alia, of representatives of the Ministry and private organizations was established to inspect, evaluate and audit PEAs. The Committee requests the Government to provide detailed information on the structure and operation of the mechanisms and procedures for the investigation of complaints, alleged abuses and fraudulent practices concerning the activities of PEAs, including temporary work agencies.

Articles 11 and 12. Ensuring adequate protection for workers. Allocation of responsibilities between PEAs and user enterprises. The Government’s report refers to the general responsibilities of employers set out in section 6.1 of the Labour Code. The Committee notes that section 6.1 does not address the protection of employees employed by temporary work agencies, as it does it take into account the special characteristics of “triangular” employment relationships. The Committee requests the Government to provide information on the measures taken to ensure protection for workers in the areas set out under clauses (a) through (j) of Article 11, including detailed information on the impact of such measures in practice. It also asks the Government to provide information on the manner in which responsibilities are allocated between PEAs and user enterprises in all areas set out in Article 12, and to provide updated detailed information on developments in relation to amendments of the existing legislative framework.

Article 13. Effective cooperation between the public employment service and PEAs. The Committee notes that section 9.2 of the Employment Promotion Law provides for PEAs to be linked to the integrated employment database based on the conclusions of the Central Job Placement Office. Section 30.1.3 of the Employment Promotion Law permits the State Central Administrative Organization in Charge of Labour Matters to obtain from non-governmental organizations and business entities information, analyses and estimates concerning the labour market. Thus, the Committee requests the Government to communicate detailed information on the manner in which the conditions to promote cooperation between the State Central Administrative Organization in Charge of Labour Matters and PEAs are formulated, established and reviewed, as well as information on consultations with employers’ and workers’ organizations in this regard. In addition, it requests the Government to provide examples of the information that PEAs – including temporary work agencies – provide to the State Central Administrative Organization in Charge of Labour Matters.

Article 14. Inspections. The Committee requests the Government to provide updated detailed information on how the supervision of the implementation of provisions to give effect to this Convention is ensured by the labour inspection service or other competent public authorities. It also requests the Government to provide examples of the remedies foreseen for cases of violations of the Convention including extracts of inspection reports, information on the number of workers covered by the measures giving effect to the Convention and the number and nature of infringements reported.

Application of the Convention. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in Mongolia, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, and the number and nature of infringements reported (Part V of the report form). As no information has been provided, the Committee finally asks the Government to indicate the representative organizations of employers and workers to which copies of the present report have been communicated (Part VI of the report form).

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1(1)(b) and 2(1) and (4), of the Convention. Temporary work agencies. Prohibitions and exclusions. The Committee notes the Government’s first report indicating that all private employment agencies (PEAs) are required to comply with National Standard MNS 6620:2016. While national and international actors offer services to foreign companies by serving as the employer of record and supplying local employment contracts for staff hired by these actors, ensuring that local statutory requirements are met in relation to matters such as termination, probation periods, leave entitlements and statutory benefits, the Committee notes that the Employment Promotion Law does not address situations in which PEAs employ workers (“temporary work agencies”) with a view to making them available to a third party, that is, a “user enterprise”. Furthermore, it is unclear whether the Mongolian National Union for Agricultural Cooperatives, which sends agricultural labour abroad, is acting as an employment agency in the sense of Article 1(1)(b). The Committee requests the Government to provide updated detailed information indicating whether and to what extent PEAs are authorized to offer services consisting of employing workers with a view to making them available to a user enterprise, as contemplated under Article 1(1)(b), of the Convention, and to indicate the relevant legal provisions in this regard. It also asks the Government to indicate whether recourse has been made to Article 2(4), with respect to temporary work agencies and, if so, to provide information on consultations with employers’ and workers’ organizations regarding the manner in which adequate protection is assured for the workers concerned. The Committee further requests the Government to keep the Office informed of the adoption or amendment of labour legislation relevant to the application of the Convention and to provide copies of laws or regulations giving effect to the provisions of the Convention, including National Standard MNS 6620:2016 and the Law on Legal Status of Government Agencies.

Articles 1(1)(c) and 5(2). Other services offered by private employment agencies. Targeted programmes. The Committee notes that, pursuant to section 10.2 of the Employment Promotion Law, PEAs and non-governmental organizations may provide services providing preparation for employment, support and assistance on a contractual basis. The Government reports that, on the basis of National Standard MNS 6620:2016, six employment promotion programmes have been approved to date by the tripartite National Employment Council. The programmes seek to place unemployed individuals and those with disabilities in permanent as well as temporary jobs, coordinate and deliver training activities. The programmes are to be implemented by PEAs and include training and capacity building for employment, workplace promotion, youth employment support and start-up promotion, herders’ employment promotion as well as promotion of employment for persons with disabilities. The Committee requests the Government to provide updated detailed information on the type and number of PEAs participating in the six employment promotion programmes established under National Standard MNS 6620:2016. It further requests the Government to provide information on the employment-related activities carried out in the framework of each of the six programmes and on their impact, including statistical information disaggregated by age and sex (Article 1(1)(c)). In addition, it requests the Government to provide information on the nature and extent of special services or targeted programmes implemented by PEAs to assist disadvantaged workers in accessing employment opportunities (Article 5(2).

Article 3. Legal status and conditions of operation. The Government indicates that, based on National Standard MNS 6620:2016, PEAs must obtain a “special permit” from the General Agency for Labor and Social Services authorizing them to conduct employment service activities. This special permit enables PEAs to receive State funding in exchange for delivering employment services to the public. The Committee further notes that the nature of the “mediation permit” issued under section 6.1 of the Law on Sending Labour Force Abroad and Receiving Labour Force and Specialists from Abroad, is not specified. Moreover, the Government has provided no information regarding the regulation of temporary work agencies operating solely at the national level. The Committee therefore requests the Government to provide information on the legal status of all PEAs operating in the country, including temporary work agencies and agricultural cooperatives sending labour abroad, as well as on the conditions governing their operations. The Committee further requests the Government to provide additional information on the nature of the special permit to be issued under the National Standard MNS 6620:2016 as well as on the nature of the mediation permit provided for under section 6.1 of the Law on Sending Labour Force Abroad and Receiving Labour Force and Specialists from Abroad. It also requests the Government to provide information on consultations held with the most representative organizations of employers and workers regarding the determination of the legal status of such agencies.

Article 4. Freedom of association and collective bargaining. The Committee notes that the Government has not provided information on whether and to what extent Labour Code provisions regarding the applicability of collective agreements and trade union rights apply to workers made available to user enterprises in the sense of Article 1(1)(b). The Committee requests the Government to provide information on the measures taken to ensure that workers made available to user enterprises benefit from existing collective agreements entered into by the user enterprise in a manner similar to its employees. The Committee further requests the Government to communicate information indicating the manner in which it is ensured that workers recruited by temporary work agencies are afforded the right to freedom of association and collective bargaining.

Article 5. Equality of opportunity and treatment. The Committee recalls its 2017 comments with regard to Mongolia’s implementation of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), noting that gender-based discrimination remained prevalent in practice, despite the adoption in 2008, almost a decade before, of amendments to the Mongolian Labour Code aimed at preventing the exclusion of women from a wide range of occupations. The Committee requests the Government to indicate the measures taken or envisaged to ensure that all PEAs treat workers without discrimination and respect equality of opportunity and treatment in access to employment as well as to specific occupations. In particular, the Committee invites the Government to provide information on measures taken or envisaged to ensure that all PEAs respect the principle of gender equality in employment and occupation.

Article 6. Processing of workers’ personal data. The Committee notes the information provided by the Government concerning the processing of jobseekers’ personal data, which is conducted based on template for registering an individual’s information into an integrated employment database. The Committee requests the Government to provide specific information on the manner in which workers’ personal data is protected as required under Article 6.

Article 7. Fee-charging. The Government indicates that, under section 6.5 of the Employment Promotion Law, employment promotion services shall be delivered free of charge. It adds that no special treatment or exceptions have been made in this respect. The Committee notes that section 9.4 of the Employment Promotion Law, which refers to Mongolian “citizens”, could be interpreted as permitting PEAs to charge fees to non-Mongolian jobseekers. The Committee therefore requests the Government to provide detailed information on the measures taken or envisaged to ensure that PEAs, including temporary work agencies, do not charge either national or non-national workers directly or indirectly for their services. It also requests the Government to provide information on the mechanisms and procedures in place to enforce prohibitions against fee-charging.

Article 8. Migrant workers. The Government reports that the Ministry of Labour and Social Welfare is working on a reform of the Law on Sending Labour Force abroad and Receiving Foreign Expert and Labour Force, with a view to strengthening rights and protection for migrant workers, both Mongolian citizens working abroad and foreign workers employed in Mongolia. The Committee notes that, in 2008, some 20 PEAs were authorized to export labour abroad. The Committee also notes that since 2003, the Mongolian National Union for Agricultural Cooperatives has been sending agricultural labour abroad, mainly to the Republic of Korea, the Czech Republic, Hungary and Japan. It also notes that as of 2008, Mongolia had concluded bilateral agreements with the Republic of Korea (2004), Chinese Taipei (2001), the Czech Republic (1999) and Japan (1998). The Committee requests the Government to provide information regarding all bilateral agreements it has concluded which address the prevention of abuses and fraudulent practices in the recruitment, placement and employment of migrant workers and to provide copies of these agreements.

Article 9. Measures ensuring that child labour is not used or supplied. The Committee refers to its previous comments in regard to the implementation of the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), particularly in regard to the international trafficking and forced commercial exploitation of girls. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that child labour is neither recruited nor supplied by PEAs, including temporary work agencies.

Article 10. Adequate complaint machineries and procedures. The Government indicates that, in addition to the monitoring of compliance in the areas of labour law and social protection by the Department of Monitoring, Evaluation and Internal Audit of the Ministry of Labour and Social Protection, a working group consisting, inter alia, of representatives of the Ministry and private organizations was established to inspect, evaluate and audit PEAs. The Committee requests the Government to provide detailed information on the structure and operation of the mechanisms and procedures for the investigation of complaints, alleged abuses and fraudulent practices concerning the activities of PEAs, including temporary work agencies.

Articles 11 and 12. Ensuring adequate protection for workers. Allocation of responsibilities between PEAs and user enterprises. The Government’s report refers to the general responsibilities of employers set out in section 6.1 of the Labour Code. The Committee notes that section 6.1 does not address the protection of employees employed by temporary work agencies, as it does it take into account the special characteristics of “triangular” employment relationships. The Committee requests the Government to provide information on the measures taken to ensure protection for workers in the areas set out under clauses (a) through (j) of Article 11, including detailed information on the impact of such measures in practice. It also asks the Government to provide information on the manner in which responsibilities are allocated between PEAs and user enterprises in all areas set out in Article 12, and to provide updated detailed information on developments in relation to amendments of the existing legislative framework.

Article 13. Effective cooperation between the public employment service and PEAs. The Committee notes that section 9.2 of the Employment Promotion Law provides for PEAs to be linked to the integrated employment database based on the conclusions of the Central Job Placement Office. Section 30.1.3 of the Employment Promotion Law permits the State Central Administrative Organization in Charge of Labour Matters to obtain from non-governmental organizations and business entities information, analyses and estimates concerning the labour market. Thus, the Committee requests the Government to communicate detailed information on the manner in which the conditions to promote cooperation between the State Central Administrative Organization in Charge of Labour Matters and PEAs are formulated, established and reviewed, as well as information on consultations with employers’ and workers’ organizations in this regard. In addition, it requests the Government to provide examples of the information that PEAs – including temporary work agencies – provide to the State Central Administrative Organization in Charge of Labour Matters.

Article 14. Inspections. The Committee requests the Government to provide updated detailed information on how the supervision of the implementation of provisions to give effect to this Convention is ensured by the labour inspection service or other competent public authorities. It also requests the Government to provide examples of the remedies foreseen for cases of violations of the Convention including extracts of inspection reports, information on the number of workers covered by the measures giving effect to the Convention and the number and nature of infringements reported.

Application of the Convention. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in Mongolia, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, and the number and nature of infringements reported (Part V of the report form). As no information has been provided, the Committee finally asks the Government to indicate the representative organizations of employers and workers to which copies of the present report have been communicated (Part VI of the report form).

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1(1)(b) and 2(1) and (4), of the Convention. Temporary work agencies. Prohibitions and exclusions. The Committee notes the Government’s first report indicating that all private employment agencies (PEAs) are required to comply with National Standard MNS 6620:2016. While national and international actors offer services to foreign companies by serving as the employer of record and supplying local employment contracts for staff hired by these actors, ensuring that local statutory requirements are met in relation to matters such as termination, probation periods, leave entitlements and statutory benefits, the Committee notes that the Employment Promotion Law does not address situations in which PEAs employ workers (“temporary work agencies”) with a view to making them available to a third party, that is, a “user enterprise”. Furthermore, it is unclear whether the Mongolian National Union for Agricultural Cooperatives, which sends agricultural labour abroad, is acting as an employment agency in the sense of Article 1(1)(b). The Committee requests the Government to provide updated detailed information indicating whether and to what extent PEAs are authorized to offer services consisting of employing workers with a view to making them available to a user enterprise, as contemplated under Article 1(1)(b), of the Convention, and to indicate the relevant legal provisions in this regard. It also asks the Government to indicate whether recourse has been made to Article 2(4), with respect to temporary work agencies and, if so, to provide information on consultations with employers’ and workers’ organizations regarding the manner in which adequate protection is assured for the workers concerned. The Committee further requests the Government to keep the Office informed of the adoption or amendment of labour legislation relevant to the application of the Convention and to provide copies of laws or regulations giving effect to the provisions of the Convention, including National Standard MNS 6620:2016 and the Law on Legal Status of Government Agencies.

Articles 1(1)(c) and 5(2). Other services offered by private employment agencies. Targeted programmes. The Committee notes that, pursuant to section 10.2 of the Employment Promotion Law, PEAs and non-governmental organizations may provide services providing preparation for employment, support and assistance on a contractual basis. The Government reports that, on the basis of National Standard MNS 6620:2016, six employment promotion programmes have been approved to date by the tripartite National Employment Council. The programmes seek to place unemployed individuals and those with disabilities in permanent as well as temporary jobs, coordinate and deliver training activities. The programmes are to be implemented by PEAs and include training and capacity building for employment, workplace promotion, youth employment support and start-up promotion, herders’ employment promotion as well as promotion of employment for persons with disabilities. The Committee requests the Government to provide updated detailed information on the type and number of PEAs participating in the six employment promotion programmes established under National Standard MNS 6620:2016. It further requests the Government to provide information on the employment-related activities carried out in the framework of each of the six programmes and on their impact, including statistical information disaggregated by age and sex (Article 1(1)(c)). In addition, it requests the Government to provide information on the nature and extent of special services or targeted programmes implemented by PEAs to assist disadvantaged workers in accessing employment opportunities (Article 5(2).

Article 3. Legal status and conditions of operation. The Government indicates that, based on National Standard MNS 6620:2016, PEAs must obtain a “special permit” from the General Agency for Labor and Social Services authorizing them to conduct employment service activities. This special permit enables PEAs to receive State funding in exchange for delivering employment services to the public. The Committee further notes that the nature of the “mediation permit” issued under section 6.1 of the Law on Sending Labour Force Abroad and Receiving Labour Force and Specialists from Abroad, is not specified. Moreover, the Government has provided no information regarding the regulation of temporary work agencies operating solely at the national level. The Committee therefore requests the Government to provide information on the legal status of all PEAs operating in the country, including temporary work agencies and agricultural cooperatives sending labour abroad, as well as on the conditions governing their operations. The Committee further requests the Government to provide additional information on the nature of the special permit to be issued under the National Standard MNS 6620:2016 as well as on the nature of the mediation permit provided for under section 6.1 of the Law on Sending Labour Force Abroad and Receiving Labour Force and Specialists from Abroad. It also requests the Government to provide information on consultations held with the most representative organizations of employers and workers regarding the determination of the legal status of such agencies.

Article 4. Freedom of association and collective bargaining. The Committee notes that the Government has not provided information on whether and to what extent Labour Code provisions regarding the applicability of collective agreements and trade union rights apply to workers made available to user enterprises in the sense of Article 1(1)(b). The Committee requests the Government to provide information on the measures taken to ensure that workers made available to user enterprises benefit from existing collective agreements entered into by the user enterprise in a manner similar to its employees. The Committee further requests the Government to communicate information indicating the manner in which it is ensured that workers recruited by temporary work agencies are afforded the right to freedom of association and collective bargaining.

Article 5. Equality of opportunity and treatment. The Committee recalls its 2017 comments with regard to Mongolia’s implementation of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), noting that gender-based discrimination remained prevalent in practice, despite the adoption in 2008, almost a decade before, of amendments to the Mongolian Labour Code aimed at preventing the exclusion of women from a wide range of occupations. The Committee requests the Government to indicate the measures taken or envisaged to ensure that all PEAs treat workers without discrimination and respect equality of opportunity and treatment in access to employment as well as to specific occupations. In particular, the Committee invites the Government to provide information on measures taken or envisaged to ensure that all PEAs respect the principle of gender equality in employment and occupation.

Article 6. Processing of workers’ personal data. The Committee notes the information provided by the Government concerning the processing of jobseekers’ personal data, which is conducted based on template for registering an individual’s information into an integrated employment database. The Committee requests the Government to provide specific information on the manner in which workers’ personal data is protected as required under Article 6.

Article 7. Fee-charging. The Government indicates that, under section 6.5 of the Employment Promotion Law, employment promotion services shall be delivered free of charge. It adds that no special treatment or exceptions have been made in this respect. The Committee notes that section 9.4 of the Employment Promotion Law, which refers to Mongolian “citizens”, could be interpreted as permitting PEAs to charge fees to non-Mongolian jobseekers. The Committee therefore requests the Government to provide detailed information on the measures taken or envisaged to ensure that PEAs, including temporary work agencies, do not charge either national or non-national workers directly or indirectly for their services. It also requests the Government to provide information on the mechanisms and procedures in place to enforce prohibitions against fee-charging.

Article 8. Migrant workers. The Government reports that the Ministry of Labour and Social Welfare is working on a reform of the Law on Sending Labour Force abroad and Receiving Foreign Expert and Labour Force, with a view to strengthening rights and protection for migrant workers, both Mongolian citizens working abroad and foreign workers employed in Mongolia. The Committee notes that, in 2008, some 20 PEAs were authorized to export labour abroad. The Committee also notes that since 2003, the Mongolian National Union for Agricultural Cooperatives has been sending agricultural labour abroad, mainly to the Republic of Korea, the Czech Republic, Hungary and Japan. It also notes that as of 2008, Mongolia had concluded bilateral agreements with the Republic of Korea (2004), Chinese Taipei (2001), the Czech Republic (1999) and Japan (1998). The Committee requests the Government to provide information regarding all bilateral agreements it has concluded which address the prevention of abuses and fraudulent practices in the recruitment, placement and employment of migrant workers and to provide copies of these agreements.

Article 9. Measures ensuring that child labour is not used or supplied. The Committee refers to its previous comments in regard to the implementation of the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), particularly in regard to the international trafficking and forced commercial exploitation of girls. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that child labour is neither recruited nor supplied by PEAs, including temporary work agencies.

Article 10. Adequate complaint machineries and procedures. The Government indicates that, in addition to the monitoring of compliance in the areas of labour law and social protection by the Department of Monitoring, Evaluation and Internal Audit of the Ministry of Labour and Social Protection, a working group consisting, inter alia, of representatives of the Ministry and private organizations was established to inspect, evaluate and audit PEAs. The Committee requests the Government to provide detailed information on the structure and operation of the mechanisms and procedures for the investigation of complaints, alleged abuses and fraudulent practices concerning the activities of PEAs, including temporary work agencies.

Articles 11 and 12. Ensuring adequate protection for workers. Allocation of responsibilities between PEAs and user enterprises. The Government’s report refers to the general responsibilities of employers set out in section 6.1 of the Labour Code. The Committee notes that section 6.1 does not address the protection of employees employed by temporary work agencies, as it does it take into account the special characteristics of “triangular” employment relationships. The Committee requests the Government to provide information on the measures taken to ensure protection for workers in the areas set out under clauses (a) through (j) of Article 11, including detailed information on the impact of such measures in practice. It also asks the Government to provide information on the manner in which responsibilities are allocated between PEAs and user enterprises in all areas set out in Article 12, and to provide updated detailed information on developments in relation to amendments of the existing legislative framework.

Article 13. Effective cooperation between the public employment service and PEAs. The Committee notes that section 9.2 of the Employment Promotion Law provides for PEAs to be linked to the integrated employment database based on the conclusions of the Central Job Placement Office. Section 30.1.3 of the Employment Promotion Law permits the State Central Administrative Organization in Charge of Labour Matters to obtain from non-governmental organizations and business entities information, analyses and estimates concerning the labour market. Thus, the Committee requests the Government to communicate detailed information on the manner in which the conditions to promote cooperation between the State Central Administrative Organization in Charge of Labour Matters and PEAs are formulated, established and reviewed, as well as information on consultations with employers’ and workers’ organizations in this regard. In addition, it requests the Government to provide examples of the information that PEAs – including temporary work agencies – provide to the State Central Administrative Organization in Charge of Labour Matters.

Article 14. Inspections. The Committee requests the Government to provide updated detailed information on how the supervision of the implementation of provisions to give effect to this Convention is ensured by the labour inspection service or other competent public authorities. It also requests the Government to provide examples of the remedies foreseen for cases of violations of the Convention including extracts of inspection reports, information on the number of workers covered by the measures giving effect to the Convention and the number and nature of infringements reported.

Application of the Convention. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in Mongolia, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, and the number and nature of infringements reported (Part V of the report form). As no information has been provided, the Committee finally asks the Government to indicate the representative organizations of employers and workers to which copies of the present report have been communicated (Part VI of the report form).

Articles 1(1)(b) and 2(1) and (4), of the Convention. Temporary work agencies. Prohibitions and exclusions. The Committee notes the Government’s first report indicating that all private employment agencies (PEAs) are required to comply with National Standard MNS 6620:2016. While national and international actors offer services to foreign companies by serving as the employer of record and supplying local employment contracts for staff hired by these actors, ensuring that local statutory requirements are met in relation to matters such as termination, probation periods, leave entitlements and statutory benefits, the Committee notes that the Employment Promotion Law does not address situations in which PEAs employ workers (“temporary work agencies”) with a view to making them available to a third party, that is, a “user enterprise”. Furthermore, it is unclear whether the Mongolian National Union for Agricultural Cooperatives, which sends agricultural labour abroad, is acting as an employment agency in the sense of Article 1(1)(b). The Committee requests the Government to provide updated detailed information indicating whether and to what extent PEAs are authorized to offer services consisting of employing workers with a view to making them available to a user enterprise, as contemplated under Article 1(1)(b), of the Convention, and to indicate the relevant legal provisions in this regard. It also asks the Government to indicate whether recourse has been made to Article 2(4), with respect to temporary work agencies and, if so, to provide information on consultations with employers’ and workers’ organizations regarding the manner in which adequate protection is assured for the workers concerned. The Committee further requests the Government to keep the Office informed of the adoption or amendment of labour legislation relevant to the application of the Convention and to provide copies of laws or regulations giving effect to the provisions of the Convention, including National Standard MNS 6620:2016 and the Law on Legal Status of Government Agencies.

Articles 1(1)(c) and 5(2). Other services offered by private employment agencies. Targeted programmes. The Committee notes that, pursuant to section 10.2 of the Employment Promotion Law, PEAs and non-governmental organizations may provide services providing preparation for employment, support and assistance on a contractual basis. The Government reports that, on the basis of National Standard MNS 6620:2016, six employment promotion programmes have been approved to date by the tripartite National Employment Council. The programmes seek to place unemployed individuals and those with disabilities in permanent as well as temporary jobs, coordinate and deliver training activities. The programmes are to be implemented by PEAs and include training and capacity building for employment, workplace promotion, youth employment support and start-up promotion, herders’ employment promotion as well as promotion of employment for persons with disabilities. The Committee requests the Government to provide updated detailed information on the type and number of PEAs participating in the six employment promotion programmes established under National Standard MNS 6620:2016. It further requests the Government to provide information on the employment-related activities carried out in the framework of each of the six programmes and on their impact, including statistical information disaggregated by age and sex (Article 1(1)(c)). In addition, it requests the Government to provide information on the nature and extent of special services or targeted programmes implemented by PEAs to assist disadvantaged workers in accessing employment opportunities (Article 5(2).

Article 3. Legal status and conditions of operation. The Government indicates that, based on National Standard MNS 6620:2016, PEAs must obtain a “special permit” from the General Agency for Labor and Social Services authorizing them to conduct employment service activities. This special permit enables PEAs to receive State funding in exchange for delivering employment services to the public. The Committee further notes that the nature of the “mediation permit” issued under section 6.1 of the Law on Sending Labour Force Abroad and Receiving Labour Force and Specialists from Abroad, is not specified. Moreover, the Government has provided no information regarding the regulation of temporary work agencies operating solely at the national level. The Committee therefore requests the Government to provide information on the legal status of all PEAs operating in the country, including temporary work agencies and agricultural cooperatives sending labour abroad, as well as on the conditions governing their operations. The Committee further requests the Government to provide additional information on the nature of the special permit to be issued under the National Standard MNS 6620:2016 as well as on the nature of the mediation permit provided for under section 6.1 of the Law on Sending Labour Force Abroad and Receiving Labour Force and Specialists from Abroad. It also requests the Government to provide information on consultations held with the most representative organizations of employers and workers regarding the determination of the legal status of such agencies.

Article 4. Freedom of association and collective bargaining. The Committee notes that the Government has not provided information on whether and to what extent Labour Code provisions regarding the applicability of collective agreements and trade union rights apply to workers made available to user enterprises in the sense of Article 1(1)(b). The Committee requests the Government to provide information on the measures taken to ensure that workers made available to user enterprises benefit from existing collective agreements entered into by the user enterprise in a manner similar to its employees. The Committee further requests the Government to communicate information indicating the manner in which it is ensured that workers recruited by temporary work agencies are afforded the right to freedom of association and collective bargaining.

Article 5. Equality of opportunity and treatment. The Committee recalls its 2017 comments with regard to Mongolia’s implementation of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), noting that gender-based discrimination remained prevalent in practice, despite the adoption in 2008, almost a decade before, of amendments to the Mongolian Labour Code aimed at preventing the exclusion of women from a wide range of occupations. The Committee requests the Government to indicate the measures taken or envisaged to ensure that all PEAs treat workers without discrimination and respect equality of opportunity and treatment in access to employment as well as to specific occupations. In particular, the Committee invites the Government to provide information on measures taken or envisaged to ensure that all PEAs respect the principle of gender equality in employment and occupation.

Article 6. Processing of workers’ personal data. The Committee notes the information provided by the Government concerning the processing of jobseekers’ personal data, which is conducted based on template for registering an individual’s information into an integrated employment database. The Committee requests the Government to provide specific information on the manner in which workers’ personal data is protected as required under Article 6.

Article 7. Fee-charging. The Government indicates that, under section 6.5 of the Employment Promotion Law, employment promotion services shall be delivered free of charge. It adds that no special treatment or exceptions have been made in this respect. The Committee notes that section 9.4 of the Employment Promotion Law, which refers to Mongolian “citizens”, could be interpreted as permitting PEAs to charge fees to non-Mongolian jobseekers. The Committee therefore requests the Government to provide detailed information on the measures taken or envisaged to ensure that PEAs, including temporary work agencies, do not charge either national or non-national workers directly or indirectly for their services. It also requests the Government to provide information on the mechanisms and procedures in place to enforce prohibitions against fee-charging.

Article 8. Migrant workers. The Government reports that the Ministry of Labour and Social Welfare is working on a reform of the Law on Sending Labour Force abroad and Receiving Foreign Expert and Labour Force, with a view to strengthening rights and protection for migrant workers, both Mongolian citizens working abroad and foreign workers employed in Mongolia. The Committee notes that, in 2008, some 20 PEAs were authorized to export labour abroad. The Committee also notes that since 2003, the Mongolian National Union for Agricultural Cooperatives has been sending agricultural labour abroad, mainly to the Republic of Korea, the Czech Republic, Hungary and Japan. It also notes that as of 2008, Mongolia had concluded bilateral agreements with the Republic of Korea (2004), Chinese Taipei (2001), the Czech Republic (1999) and Japan (1998). The Committee requests the Government to provide information regarding all bilateral agreements it has concluded which address the prevention of abuses and fraudulent practices in the recruitment, placement and employment of migrant workers and to provide copies of these agreements.

Article 9. Measures ensuring that child labour is not used or supplied. The Committee refers to its previous comments in regard to the implementation of the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), particularly in regard to the international trafficking and forced commercial exploitation of girls. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that child labour is neither recruited nor supplied by PEAs, including temporary work agencies.

Article 10. Adequate complaint machineries and procedures. The Government indicates that, in addition to the monitoring of compliance in the areas of labour law and social protection by the Department of Monitoring, Evaluation and Internal Audit of the Ministry of Labour and Social Protection, a working group consisting, inter alia, of representatives of the Ministry and private organizations was established to inspect, evaluate and audit PEAs. The Committee requests the Government to provide detailed information on the structure and operation of the mechanisms and procedures for the investigation of complaints, alleged abuses and fraudulent practices concerning the activities of PEAs, including temporary work agencies.

Articles 11 and 12. Ensuring adequate protection for workers. Allocation of responsibilities between PEAs and user enterprises. The Government’s report refers to the general responsibilities of employers set out in section 6.1 of the Labour Code. The Committee notes that section 6.1 does not address the protection of employees employed by temporary work agencies, as it does it take into account the special characteristics of “triangular” employment relationships. The Committee requests the Government to provide information on the measures taken to ensure protection for workers in the areas set out under clauses (a) through (j) of Article 11, including detailed information on the impact of such measures in practice. It also asks the Government to provide information on the manner in which responsibilities are allocated between PEAs and user enterprises in all areas set out in Article 12, and to provide updated detailed information on developments in relation to amendments of the existing legislative framework.

Article 13. Effective cooperation between the public employment service and PEAs. The Committee notes that section 9.2 of the Employment Promotion Law provides for PEAs to be linked to the integrated employment database based on the conclusions of the Central Job Placement Office. Section 30.1.3 of the Employment Promotion Law permits the State Central Administrative Organization in Charge of Labour Matters to obtain from non-governmental organizations and business entities information, analyses and estimates concerning the labour market. Thus, the Committee requests the Government to communicate detailed information on the manner in which the conditions to promote cooperation between the State Central Administrative Organization in Charge of Labour Matters and PEAs are formulated, established and reviewed, as well as information on consultations with employers’ and workers’ organizations in this regard. In addition, it requests the Government to provide examples of the information that PEAs – including temporary work agencies – provide to the State Central Administrative Organization in Charge of Labour Matters.

Article 14. Inspections. The Committee requests the Government to provide updated detailed information on how the supervision of the implementation of provisions to give effect to this Convention is ensured by the labour inspection service or other competent public authorities. It also requests the Government to provide examples of the remedies foreseen for cases of violations of the Convention including extracts of inspection reports, information on the number of workers covered by the measures giving effect to the Convention and the number and nature of infringements reported.

Application of the Convention. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in Mongolia, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, and the number and nature of infringements reported (Part V of the report form). As no information has been provided, the Committee finally asks the Government to indicate the representative organizations of employers and workers to which copies of the present report have been communicated (Part VI of the report form).

Private Employment Agencies Convention, 1997 (No. 181) - Mongolia (Ratification: 2015)

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