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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 2 of the Convention. Right of workers and employers to form and join organizations of their own choosing. The Committee takes note of the adoption of the revised Labour Law on 2 July 2021 and welcomes the fact that the scope of the new law covers all workers according to its section 3.6.

The Committee notes that section 9.2 of the Labour Law establishes that the conditions and procedures for implementing the right to freedom of association shall be set out by law; though it also observes that neither this section nor the Government’s report indicate what the applicable law is or is envisaged to be. Recalling that the right to freedom of association applies to employers and workers irrespective of the recognition of this right in labour laws or other regulation, the Committee requests the Government to provide information as to the law or regulations that section 9.2 of the Labour Law intends to refer to, as well as a copy thereof.

The Committee recalls that in its previous comments it had noted the Government’s indication that it was discussing with the Mongolian Employers’ Federation (MONEF) a draft law on the legal status of employers, with an emphasis on the independence of employers’ organizations and their right to draw up their own by-laws and determine their structure, activities and programmes. The Committee had requested the Government to provide information on the outcome of this process, and to transmit a copy of the law on the legal status of employers as soon as it would be adopted. Noting the absence of reply from the Government in this respect, the Committee expects that the law on the legal status of employers will be adopted without further delay and once again requests the Government to provide information on any progress made, as well as to provide a copy of the law.

Article 3. Right of organizations to freely organize their activities and to formulate their programmes. In its previous comments, the Committee had also requested the Government to take the necessary measures, in consultation with the social partners, in order to ensure that trade unions can use strike action to support their position in the search for solutions to problems posed by major social and economic policy trends and have recourse to sympathy strikes by virtue of the freedoms set out in article 16 of the national Constitution. Noting that the Committee’s request has not been reflected in the final version of the Labour Law, the Committee requests the government to provide its comments in this respect and encourages it to continue discussing the matter with the social partners.

The Committee additionally notes that, according to section 26.1 of the Labour Law, “a decision to declare a strike shall be taken by the management of a trade union at the relevant level following an affirmative vote by a majority at the general meeting of employees of the particular enterprise, organization, branch or unit contemplating a strike with the overwhelming majority of employees participating in a vote on whether or not to declare a strike”. The Committee observes that this provision requires a quorum of the “overwhelming majority” of workers of the business or organization, and of those a “majority” of workers voting in favour. The Committee considers that the quorum and the majority required should not be such that the exercise of the right to strike becomes very difficult, or even impossible in practice. In the Committee’s view, if a country deems it appropriate to require a vote by workers before a strike can be held, it should ensure that account is taken only of the votes cast, and that the required quorum and majority are fixed at a reasonable level. For example, the observance of a quorum of two thirds of those present may be difficult to reach and could restrict the right to strike in practice (see the 2012 General Survey on the fundamental Conventions, paragraph 147). In view of the above, the Committee requests the Government to provide clarification as to the meaning of the “overwhelming majority” requirement with respect to quorum and of the “majority” of votes required before a strike can be held at the enterprise level.

The Committee finally notes that according to section 28.1 “employees and members of staff of organizations that provide services essential to the public, such as national defence, national security and enforcement of public order, shall have a right to associate and initiate the conclusion of collective agreements, but shall be prohibited from initiating, organizing or participating in a strike. The Cabinet shall adopt a list of enterprises and organizations that provide such essential services based on a recommendation of the National Committee”. The Committee wishes to recall in this respect that acceptable restrictions or prohibition of the right to strike concern public servants “exercising authority in the name of the State” and essential services, which are only those “the interruption of which would endanger the life, personal safety or health of the whole or part of the population” (see the 2012 General Survey on the fundamental Conventions, paragraphs 129 and 131). In view of the above, the Committee requests the Government to provide information as to the list adopted on the basis of section 28.1 of the Labour Law.

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

Articles 2 and 3 of the Convention. Right of workers and employers to form and join organizations of their own choosing and the right of these organizations to freely organize their activities and to formulate their programmes. In its previous direct request, the Committee had noted the Government’s indication that it was discussing with the Mongolian Employer’s Federation (MONEF) a draft law on the legal status of employers with an emphasis on the independence of employers’ organizations, and their right to draw up their own by-laws and determine their structure, activities and programmes. The Committee had requested the Government to provide information on the outcome of this process, and to transmit a copy of the law on the legal status of employers as soon as it was adopted. The Committee notes the Government’s indication that this law is still being drafted and has not yet been adopted. The Committee expects that the law on the legal status of employers will be adopted without further delay and requests the Government to provide information on any progress made in this regard.

In its previous direct request, the Committee had requested the Government to confirm that trade unions can use strike action to support their position in the search for solutions to problems posed by major social and economic policy trends and have recourse to sympathy strikes by virtue of the freedoms set out in article 16 of the national Constitution. The Committee notes the Government’s indication that strikes to pursue the abovementioned ends are prohibited under the Labour Law; trade unions can exercise the right to strike only in the context of collective labour disputes. The Committee recalls that trade unions and employers’ organizations responsible for defending socio-economic and occupational interests should be able to use, respectively, strike action or protest action to support their position in the search for solutions to problems posed by major social and economic policy trends which have a direct impact on their members. Furthermore, with regard to sympathy strikes, it recalls that a general prohibition of this form of strike action could lead to abuse, particularly in the context of globalization characterized by increasing interdependence and the internationalization of production, and that workers should be able to take such action, provided that the initial strike they are supporting is itself lawful (see the 2012 General Survey on the fundamental Conventions, paragraphs 124–125). The Committee requests the Government, in consultation with the social partners, to take the necessary measures to amend its legislation accordingly.

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

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

In its previous comments, the Committee had noted that section 123.1.3 of the Labour Code provides that a strike organized as a result of a collective labour dispute shall be considered illegal if the strike concerns matters not regulated by the collective agreement. The Committee had requested the Government to indicate whether trade unions could use strike action to support their position in the search for solutions to problems posed by major social and economic policy trends and have recourse to sympathy strikes. Taking note of the information provided in the Government’s latest report, the Committee requests the Government to confirm that trade unions can use strike action to support their position in the search for solutions to problems posed by major social and economic policy trends and have recourse to sympathy strikes by virtue of the freedoms set out in article 16 of the national Constitution.

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

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

Repetition

Article 3 of the Convention. Right of workers’ and employers’ organizations to freely organize their activities and to formulate their programmes. In its previous comments, the Committee had noted that section 123.1.3 of the Labour Code provides that a strike organized as a result of a collective labour dispute shall be considered illegal if the strike has been organized in connection with matters not related to relations regulated by the collective agreement. The Committee had requested the Government to indicate whether trade unions can use strike action to support their position in the search for solutions to problems posed by major social and economic policy trends and have recourse to sympathy strikes. The Committee notes that the Government indicates in its report that “a strike means, in connection with a collective labour dispute, actions of employees whereby they voluntarily stop working, completely or partially, for a certain period of time” as defined by section 3.1.13 of the Labour Code. The Committee further notes that, according to comments sent by the Confederation of Mongolian Trade Unions (CMTU) along with the Government’s report on 9 November 2010, section 16.16 of the Constitution of Mongolia protects the freedom of thought, opinion, expression, speech, press and peaceful assembly and trade unions have the right to organize meetings and lawful demonstrations in support of their claims and demands. In these circumstances, the Committee requests the Government to confirm if, under the Labour Code or section 16.16 of the Constitution, trade unions can use strike action to support their position in the search for solutions to problems posed by major social and economic policy trends and have recourse to sympathy strikes.

The Committee further noted that section 120.4.2 of the Labour Code requires a trade union to indicate “a proposed duration of the strike” in a strike notice. The Committee had requested the Government to indicate whether workers can declare a strike for an indeterminate period of time. The Committee notes that the Government does not provide any additional information on this point. Furthermore, the Committee notes that, according to the CMTU, the date and time of commencement of the strike and the proposed duration are determined by the trade unions as “the period until the solution of the labour dispute”. In these circumstances, the Committee once again requests the Government to confirm whether workers can declare a strike for an indeterminate period, or as stated by the CMTU, “until the solution of the labour dispute”.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. Right of workers’ and employers’ organizations to freely organize their activities and to formulate their programmes. In its previous comments, the Committee had noted that section 123.1.3 of the Labour Code provides that a strike organized as a result of a collective labour dispute shall be considered illegal if the strike has been organized in connection with matters not related to relations regulated by the collective agreement. The Committee had requested the Government to indicate whether trade unions can use strike action to support their position in the search for solutions to problems posed by major social and economic policy trends and have recourse to sympathy strikes. The Committee notes that the Government indicates in its report that “a strike means, in connection with a collective labour dispute, actions of employees whereby they voluntarily stop working, completely or partially, for a certain period of time” as defined by section 3.1.13 of the Labour Code. The Committee further notes that, according to comments sent by the Confederation of Mongolian Trade Unions (CMTU) along with the Government’s report on 9 November 2010, section 16.16 of the Constitution of Mongolia protects the freedom of thought, opinion, expression, speech, press and peaceful assembly and trade unions have the right to organize meetings and lawful demonstrations in support of their claims and demands. In these circumstances, the Committee requests the Government to confirm if, under the Labour Code or section 16.16 of the Constitution, trade unions can use strike action to support their position in the search for solutions to problems posed by major social and economic policy trends and have recourse to sympathy strikes.

The Committee further noted that section 120.4.2 of the Labour Code requires a trade union to indicate “a proposed duration of the strike” in a strike notice. The Committee had requested the Government to indicate whether workers can declare a strike for an indeterminate period of time. The Committee notes that the Government does not provide any additional information on this point. Furthermore, the Committee notes that, according to the CMTU, the date and time of commencement of the strike and the proposed duration are determined by the trade unions as “the period until the solution of the labour dispute”. In these circumstances, the Committee once again requests the Government to confirm whether workers can declare a strike for an indeterminate period, or as stated by the CMTU, “until the solution of the labour dispute”.

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

The Committee recalls that its previous comments concerned the exercise of the right to strike under the Labour Code of 1999.

The Committee notes that the provisions of the Labour Code would appear to allow strikes only in connection with the negotiation of a collective labour agreement. The Committee requests the Government to indicate whether trade unions can use strike action to support their position in the search for solutions to problems posed by major social and economic policy trends and have recourse to sympathy strikes.

The Committee notes that section 120.4.2 of the Labour Code requires a trade union to indicate “a proposed duration of the strike” in a strike notice. The Committee requests the Government to indicate whether workers can declare a strike for an indeterminate period of time.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information provided in the Government’s report.

Article 3. The right of workers’ organizations to organize their activities and to formulate their programmes. In its previous comments, the Committee expressed its concern over the prohibition of third-party intervention in collective bargaining (section 10.1 of the Labour Code) and strike organization (section 120.9), the prohibition of sympathy strikes (section 120.9) and the requirement imposed by section 120.4.2 to indicate the duration of the strike in a strike notice. The Committee notes the Government’s statement that the Confederation of Mongolian Trade Unions has been formulating its proposal to amend the Labour Code and was planning to organize in 2006 a national conference on social partnership and labour relations with participation of the ILO. The suggestions and recommendations of the Confederation and the ILO would be then reflected in the proposal to amend the Labour Code and other related laws and legal provisions. Considering that the above prohibitions and requirements constitute a serious restriction on the free functioning of trade unions, the Committee hopes that the Labour Code will be amended in the near future and requests the Government to keep it informed of the developments in this respect.

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

The Committee notes the Government’s report.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish trade union organizations. In its previous comments, the Committee noted that the Constitution, the Labour Code and the Trade Union Rights Act referred to right of "citizens" to join and form trade unions and that section 113.2 of the Labour Code provided that regulations governing the employment of foreign citizens should be adopted by the Government. The Committee asked the Government to send the regulations adopted in this respect, including the provisions related to foreign workers’ right to organize. Noting that no information was provided by the Government in this respect, the Committee requests that the Government indicate whether the right to organize is guaranteed to foreign workers and asks it to send the relevant legislative provisions in this respect.

The Committee previously noted that, according to article 15, paragraph 1, of the Law on Government Service and the information in the Government’s report, it would appear that government administrative employees (governing and executives posts) did not enjoy the right to organize and it has asked the Government to indicate the manner in which all workers, including managerial level public servants, were ensured the right to organize. The Committee notes that the Government reiterates its previous statement to the effect that, while the state special or administrative services officers have the right to organize, public administrative officers do not enjoy such a right. The Committee therefore requests that the Government take the necessary measures in order to ensure that senior officials and public servants holding managerial or supervisory positions of trust should be entitled to establish their own organizations.

Article 3. The right of workers’ organizations to organize their activities and to formulate their programmes. Noting that the Government’s report contains no information on the matters raised in its previous observation, the Committee hopes that the next Government’s report will contain full information on the following issues.

1. Third-party intervention. The Committee notes that section 10.1 of the Labour Code prohibits third-party involvement in collective bargaining, under penalty of a fine established in section 141.1.10 and that section 120.9 prohibits third parties from organizing a strike also under penalty of a fine. Considering that these prohibitions constitute a serious restriction on the free functioning of trade unions, the Committee requests the Government to indicate the measures taken or envisaged to amend these two sections of the Labour Code so that unions may have recourse to third persons where necessary in the organization of their activities, negotiation of their agreements and organization of industrial action.

2. Sympathy strikes. The Committee further notes that section 120.9 noted above would appear to have the impact of prohibiting sympathy strikes. In this respect, the Committee recalls that workers should be able to engage in sympathy strikes, provided the initial strike they are supporting is itself lawful (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 168). The Committee requests that the Government confirm whether sympathy strikes are indeed prohibited under this section and, if so, to indicate in its next report the measures taken or envisaged to amend this section so as to ensure that workers will not be punished for engaging in sympathy action when the initial strike is lawful.

3. Strike duration. The Committee also notes that section 120.4.2 requires that strike notice includes an indication of the duration of the strike. The Committee considers that a requirement that the duration of a strike be announced when giving strike notice is contrary to the right of workers’ organizations to organize their activities and formulate their programmes in full freedom. The right to strike is, by definition, a means of pressure available to workers and their organizations for the promotion and defence of their economic and social interests. The Committee therefore asks the Government to amend its legislation so as to ensure that no legal obligation to notify the duration of a strike is imposed on workers’ organizations and to keep it informed of measures taken or envisaged to repeal this requirement.

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

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

Articles 2 and 3 of the Convention. In its previous comments, the Committee noted that under section 3.1 of the Labour Code an employee is defined as a "citizen" and under section 6.1 "employees" have the right to assemble with other employees for protecting their interests. Furthermore, section 3 of the Trade Union Rights Act and article 16(10) of the Constitution also refer to "citizen" rights to join and form trade unions. Section 113.2 of the Labour Code provides that regulations governing the employment of foreign citizens shall be adopted by the Government. The Committee therefore requests the Government to send the regulations adopted in this respect, including the provisions related to foreign workers’ right to organize.

The Committee further noted that the determination of an "employee" under section 3.1 is based on the existence of a "contract of employment". The Government is requested to indicate in its next report whether this definition has the effect of excluding certain groups of workers who are not governed by a contract of employment.

With regard to the 1997 Law on Non-Governmental Organizations the Committee had requested the Government to specify whether this Law was invoked for the registration of workers’ and employers’ organizations and, if not, to indicate the procedures governing registration of these organizations. The Committee notes the information given by the Government in its last report that this law applies to employers’ organizations but not to trade unions. The Committee therefore asks the Government to indicate the manner in which workers’ organizations are registered.

Finally, the Committee notes that according to article 15, paragraph 1, of the Law on Government Service and the information in the Government’s report, it would appear that government administrative employees (governing and executives posts) do not enjoy the right to organize. The Committee recalls that senior officials and public servants holding managerial or supervisory positions of trust should be entitled to establish their own organizations (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 57) and therefore requests the Government to indicate the manner in which all workers, including managerial level public servants, are ensured the right to organize.

Article 3. The right of workers’ organizations to organize their activities and to formulate their programmes. 1. Third-party intervention. The Committee notes that section 10.1 prohibits third-party involvement in collective bargaining, under penalty of a fine established in section 141.1.10. Furthermore, section 120.9 prohibits third parties from organizing a strike also under penalty of a fine. The Committee considers that these prohibitions constitute a serious restriction on the free functioning of trade unions and requests the Government to indicate in its next report the measures taken or envisaged to amend these two provisions so that unions may have recourse to third persons where necessary in the organization of their activities, negotiation of their agreements and organization of industrial action.

2. Sympathy strikes. The Committee further notes that section 120.9 noted above would appear to have the impact of prohibiting sympathy strikes. In this respect, the Committee recalls that workers should be able to engage in sympathy strikes, provided the initial strike they are supporting is itself lawful (see General Survey, op. cit., paragraph 168). The Committee requests the Government to confirm whether sympathy strikes are indeed prohibited under this section and, if so, to indicate in its next report the measures taken or envisaged to amend this section so as to ensure that workers will not be punished for engaging in sympathy action when the initial strike is lawful.

3. Strike duration. The Committee also notes that section 120.4.2 requires that strike notice includes an indication of the duration of the strike. The Committee considers that a requirement that the duration of a strike be announced when giving strike notice is contrary to the right of workers’ organizations to organize their activities and formulate their programmes in full freedom. The right to strike is, by definition, a means of pressure available to workers and their organizations for the promotion and defence of their economic and social interests. The Committee therefore requests the Government to amend its legislation so as to ensure that no legal obligation to notify the duration of a strike is imposed on workers’ organizations and to keep it informed of measures taken or envisaged to repeal this requirement.

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

The Committee notes the information contained in the Government’s report.

Articles 2 and 3 of the Convention. In its previous comments, the Committee noted that under section 3.1 of the Labour Code an employee is defined as a "citizen" and under section 6.1 "employees" have the right to assemble with other employees for protecting their interests. Furthermore, section 3 of the Trade Union Rights Act and article 16(10) of the Constitution also refer to "citizen" rights to join and form trade unions. Section 113.2 of the Labour Code provides that regulations governing the employment of foreign citizens shall be adopted by the Government. The Committee therefore requests the Government to send the regulations adopted in this respect, including the provisions related to foreign workers’ right to organize.

The Committee further noted that the determination of an "employee" under section 3.1 is based on the existence of a "contract of employment". The Government is requested to indicate in its next report whether this definition has the effect of excluding certain groups of workers who are not governed by a contract of employment.

With regard to the 1997 Law on Non-Governmental Organizations the Committee had requested the Government to specify whether this Law was invoked for the registration of workers’ and employers’ organizations and, if not, to indicate the procedures governing registration of these organizations. The Committee notes the information given by the Government in its report that this law applies to employers’ organizations but not to trade unions. The Committee therefore asks the Government to indicate the manner in which workers’ organizations are registered.

Finally, the Committee notes that according to article 15, paragraph 1, of the Law on Government Service and the information in the Government’s report, it would appear that government administrative employees (governing and executives posts) do not enjoy the right to organize. The Committee recalls that senior officials and public servants holding managerial or supervisory positions of trust should be entitled to establish their own organizations (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 57) and therefore requests the Government to indicate the manner in which all workers, including managerial level public servants, are ensured the right to organize.

Article 3. The right of workers’ organizations to organize their activities and to formulate their programmes. 1. Third-party intervention. The Committee notes that section 10.1 prohibits third-party involvement in collective bargaining, under penalty of a fine established in section 141.1.10. Furthermore, section 120.9 prohibits third parties from organizing a strike also under penalty of a fine. The Committee considers that these prohibitions constitute a serious restriction on the free functioning of trade unions and requests the Government to indicate in its next report the measures taken or envisaged to amend these two provisions so that unions may have recourse to third persons where necessary in the organization of their activities, negotiation of their agreements and organization of industrial action.

2. Sympathy strikes. The Committee further notes that section 120.9 noted above would appear to have the impact of prohibiting sympathy strikes. In this respect, the Committee recalls that workers should be able to engage in sympathy strikes, provided the initial strike they are supporting is itself lawful (see General Survey, op. cit., paragraph 168). The Committee requests the Government to confirm whether sympathy strikes are indeed prohibited under this section and, if so, to indicate in its next report the measures taken or envisaged to amend this section so as to ensure that workers will not be punished for engaging in sympathy action when the initial strike is lawful.

3. Strike duration. The Committee also notes that section 120.4.2 requires that strike notice includes an indication of the duration of the strike. The Committee considers that a requirement that the duration of a strike be announced when giving strike notice is contrary to the right of workers’ organizations to organize their activities and formulate their programmes in full freedom. The right to strike is, by definition, a means of pressure available to workers and their organizations for the promotion and defence of their economic and social interests. The Committee therefore requests the Government to amend its legislation so as to ensure that no legal obligation to notify the duration of a strike is imposed on workers’ organizations and to keep it informed of measures taken or envisaged to repeal this requirement.

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, which read as follows:

In its previous comments, the Committee had noted the entry into force of the Labour Code on 1 July 1999.

Articles 2 and 3 of the Convention. The Committee noted that under section 3.1 of the Labour Code an employee is defined as a "citizen" and under section 6.1 "employees" have the right to assemble with other employees for protecting their interests. Furthermore, section 3 of the Trade Union Rights Act and article 16(10) of the Constitution also refer to "citizen" rights to join and form trade unions. Section 113.2 of the Labour Code provides that regulations governing the employment of foreign citizens shall be adopted by the Government. The Committee would draw the Government’s attention to paragraph 63 of its 1994 General Survey on freedom of association and collective bargaining in which it states that the right of workers, without distinction whatsoever, to establish and join organizations implies that anyone legally residing in the territory of a given State benefits from the trade union rights provided by the Convention, without any distinction based on nationality. The Government is therefore requested to indicate in its next report the measures taken or envisaged to ensure trade union rights for non-national workers.

The Committee further noted that the determination of an "employee" under section 3.1 is based on the existence of a "contract of employment". The Government is requested to indicate in its next report whether this definition has the effect of excluding certain groups of workers who are not governed by a contract of employment.

Finally, the Committee had noted that the Government’s last report referred to the 1997 Law on Non-Governmental Organizations in respect of Article 2 of the Convention. The Committee notes however that section 3(1) of this Law provides that the Law is not applicable to trade unions. It requests the Government to specify whether this Law is indeed invoked for the registration of workers’ and employers’ organizations and, if not, to indicate the procedures governing registration of these organizations.

Article 3. The right of workers’ organizations to organize their activities and to formulate their programmes. 1. Third-party intervention. The Committee notes that section 10.1 prohibits third-party involvement in collective bargaining, under penalty of a fine established in section 141.1.10. Furthermore, section 120.9 prohibits third parties from organizing a strike also under penalty of a fine. The Committee considers that these prohibitions constitute a serious restriction on the free functioning of trade unions and requests the Government to indicate in its next report the measures taken or envisaged to amend these two provisions so that unions may have recourse to third persons where necessary in the organization of their activities, negotiation of their agreements and organization of industrial action.

2. Sympathy strikes. The Committee further notes that section 120.9 noted above would appear to have the impact of prohibiting sympathy strikes. In this respect, the Committee recalls that workers should be able to engage in sympathy strikes, provided the initial strike they are supporting is itself lawful. (See 1994 General Survey, paragraph 168.) The Committee requests the Government to confirm whether sympathy strikes are indeed prohibited under this section and, if so, to indicate in its next report the measures taken or envisaged to amend this section so as to ensure that workers will not be punished for engaging in sympathy action when the initial strike is lawful.

3. Strike duration. The Committee also notes that section 120.4.2 requires that strike notice include an indication of the duration of the strike. The Committee considers that a requirement that the duration of a strike be announced when giving strike notice is contrary to the right of workers’ organizations to organize their activities and formulate their programmes in full freedom. The right to strike is, by definition, a means of pressure available to workers and their organizations for the promotion and defence of their economic and social interests. The Committee therefore requests the Government to indicate in its next report the measures taken or envisaged to repeal the obligation to notify the duration of a strike when giving strike notice.

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 matters raised in its previous direct request, which read as follows:

The Committee notes the entry into force of the Labour Code on 1 July 1999.

Articles 2 and 3 of the Convention. The Committee notes that under section 3.1 of the Labour Code an employee is defined as a "citizen" and under section 6.1 "employees" have the right to assemble with other employees for protecting their interests. Furthermore, section 3 of the Trade Union Rights Act and article 16(10) of the Constitution also refer to "citizen" rights to join and form trade unions. Section 113.2 of the Labour Code provides that regulations governing the employment of foreign citizens shall be adopted by the Government. The Committee would draw the Government’s attention to paragraph 63 of its 1994 General Survey on freedom of association and collective bargaining in which it states that the right of workers, without distinction whatsoever, to establish and join organizations implies that anyone legally residing in the territory of a given State benefits from the trade union rights provided by the Convention, without any distinction based on nationality. The Government is therefore requested to indicate in its next report the measures taken or envisaged to ensure trade union rights for non-national workers.

The Committee further notes that the determination of an "employee" under section 3.1 is based on the existence of a "contract of employment". The Government is requested to indicate in its next report whether this definition has the effect of excluding certain groups of workers who are not governed by a contract of employment.

Finally, the Committee notes that the Government’s report refers to the 1997 Law on Non-Governmental Organizations in respect of Article 2 of the Convention. The Committee notes however that section 3(1) of this Law provides that the Law is not applicable to trade unions. It requests the Government to specify whether this Law is indeed invoked for the registration of workers’ and employers’ organizations and, if not, to indicate the procedures governing registration of these organizations.

Article 3. The right of workers’ organizations to organize their activities and to formulate their programmes. 1. Third-party intervention. The Committee notes that section 10.1 prohibits third-party involvement in collective bargaining, under penalty of a fine established in section 141.1.10. Furthermore, section 120.9 prohibits third parties from organizing a strike also under penalty of a fine. The Committee considers that these prohibitions constitute a serious restriction on the free functioning of trade unions and requests the Government to indicate in its next report the measures taken or envisaged to amend these two provisions so that unions may have recourse to third persons where necessary in the organization of their activities, negotiation of their agreements and organization of industrial action.

2. Sympathy strikes. The Committee further notes that section 120.9 noted above would appear to have the impact of prohibiting sympathy strikes. In this respect, the Committee recalls that workers should be able to engage in sympathy strikes, provided the initial strike they are supporting is itself lawful. (See 1994 General Survey, paragraph 168.) The Committee requests the Government to confirm whether sympathy strikes are indeed prohibited under this section and, if so, to indicate in its next report the measures taken or envisaged to amend this section so as to ensure that workers will not be punished for engaging in sympathy action when the initial strike is lawful.

3. Strike duration. The Committee also notes that section 120.4.2 requires that strike notice include an indication of the duration of the strike. The Committee considers that a requirement that the duration of a strike be announced when giving strike notice is contrary to the right of workers’ organizations to organize their activities and formulate their programmes in full freedom. The right to strike is, by definition, a means of pressure available to workers and their organizations for the promotion and defence of their economic and social interests. The Committee therefore requests the Government to indicate in its next report the measures taken or envisaged to repeal the obligation to notify the duration of a strike when giving strike notice.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information provided in the Government’s report and the entry into force of the Labour Code on 1 July 1999.

Articles 2 and 3 of the Convention.  The Committee notes that under section 3.1 of the Labour Code an employee is defined as a "citizen" and under section 6.1 "employees" have the right to assemble with other employees for protecting their interests. Furthermore, section 3 of the Trade Union Rights Act and article 16(10) of the Constitution also refer to "citizen" rights to join and form trade unions. Section 113.2 of the Labour Code provides that regulations governing the employment of foreign citizens shall be adopted by the Government. The Committee would draw the Government’s attention to paragraph 63 of its 1994 General Survey on freedom of association and collective bargaining in which it states that the right of workers, without distinction whatsoever, to establish and join organizations implies that anyone legally residing in the territory of a given State benefits from the trade union rights provided by the Convention, without any distinction based on nationality. The Government is therefore requested to indicate in its next report the measures taken or envisaged to ensure trade union rights for non-national workers.

The Committee further notes that the determination of an "employee" under section 3.1 is based on the existence of a "contract of employment". The Government is requested to indicate in its next report whether this definition has the effect of excluding certain groups of workers who are not governed by a contract of employment.

Finally, the Committee notes that the Government’s report refers to the 1997 Law on Non-Governmental Organizations in respect of Article 2 of the Convention. The Committee notes however that section 3(1) of this Law provides that the Law is not applicable to trade unions. It requests the Government to specify whether this Law is indeed invoked for the registration of workers’ and employers’ organizations and, if not, to indicate the procedures governing registration of these organizations.

Article 3.  The right of workers’ organizations to organize their activities and to formulate their programmes.  1.  Third-party intervention.  The Committee notes that section 10.1 prohibits third-party involvement in collective bargaining, under penalty of a fine established in section 141.1.10. Furthermore, section 120.9 prohibits third parties from organizing a strike also under penalty of a fine. The Committee considers that these prohibitions constitute a serious restriction on the free functioning of trade unions and requests the Government to indicate in its next report the measures taken or envisaged to amend these two provisions so that unions may have recourse to third persons where necessary in the organization of their activities, negotiation of their agreements and organization of industrial action.

2.  Sympathy strikes.  The Committee further notes that section 120.9 noted above would appear to have the impact of prohibiting sympathy strikes. In this respect, the Committee recalls that workers should be able to engage in sympathy strikes, provided the initial strike they are supporting is itself lawful. (See 1994 General Survey, paragraph 168.) The Committee requests the Government to confirm whether sympathy strikes are indeed prohibited under this section and, if so, to indicate in its next report the measures taken or envisaged to amend this section so as to ensure that workers will not be punished for engaging in sympathy action when the initial strike is lawful.

3.  Strike duration.  The Committee also notes that section 120.4.2 requires that strike notice include an indication of the duration of the strike. The Committee considers that a requirement that the duration of a strike be announced when giving strike notice is contrary to the right of workers’ organizations to organize their activities and formulate their programmes in full freedom. The right to strike is, by definition, a means of pressure available to workers and their organizations for the promotion and defence of their economic and social interests. The Committee therefore requests the Government to indicate in its next report the measures taken or envisaged to repeal the obligation to notify the duration of a strike when giving strike notice.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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.

The Committee asks the Government to supply the Guideline for registration of mass organizations which was adopted in 1995 by the Government by resolution No. 191 and to indicate the authority empowered to decide upon the cancellation of registration of trade unions.

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

The Committee notes the Government's report. It notes that the Government refers to the Guideline for registration of mass organizations which was adopted in 1995 by the Government by resolution No. 191.

The Committee requests the Government to supply the text of this Guideline, which has not been received by the Office.

In this respect, the Committee notes that, according to the information provided by the Government, organizations of employers and workers must be registered to have legal personality. Registration can be cancelled in the event that the organization concerned violates the law. The Committee requests the Government to indicate the authority empowered to decide upon such a cancellation of registration and the channels of judicial recourse against such a decision.

Furthermore, the Committee requests the Government to provide the text of the Law on the settlement of labour disputes of November 1993, to which it refers in its report.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with satisfaction that article 16(10) of the new Constitution which entered into force on 12 February 1992, consecrates the right of citizens to associate on a voluntary basis in order to defend their interests and that the provision of the old Constitution (article 82) respecting the leading and directing role of the Revolutionary Party of Mongolia in society does not appear in the Constitution of 1992.

Furthermore, the Committee notes with interest that according to the Government's report, a system of political pluralism has been established in Mongolia since March 1990 and an Act on political parties was adopted in May 1990 which confers equal rights and obligations on all the political parties in the country, and that the Trade Union Rights Act of 1 July 1991 has introduced the possibility of trade union pluralism and forbids the interference of political parties in trade union activities.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with interest the information supplied in the Government's report concerning the recent repeal of those provisions of the Constitution which referred to the leading and directing role of the party, as well as the entry into force on 1 July 1991 of the Trade Union Rights Act which guarantees the right of workers to organise in unions, accords full recognition of trade union pluralism and forbids any influencing of the activities of trade unions by political parties or powers. Noting from the Government's report that the final text of the draft Constitution was to be discussed by the Great National Khural at its November 1991 Session, the Committee requests the Government to indicate the date it came into force.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report for the period ending 30 June 1990 has not been received.

However, the Committee is aware that profound changes have occurred in the political, economic and social life of the country.

The Committee requests the Government to supply information on the measures that have been taken or are envisaged, particularly with a view to lifting the legal restrictions on trade union pluralism (sections 183 and 187 of the Labour Code) and on the independence of the trade union movement with respect to the Revolutionary Party of Mongolia (section 82 of the Constitution), and especially any draft texts respecting trade unions that are being prepared.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

With reference to its previous comments, the Committee points out that the existence of a single-trade-union system in the country results from the very terms of its legislation. In the first place, sections 4 and 185 of the Labour Code confer trade union functions (collective bargaining, representation of workers' interests, solution of labour problems, etc.) solely on the trade union committees mentioned, which excludes the possibility of workers setting up any other trade union organisation that can promote and defend their interests. The Committee also noted that section 82 of the Constitution names the People's Revolutionary Party of Mongolia as the leader and guide of all state bodies and other organisations of the working masses. In the opinion of the Committee, this provision implies that no mass organisations, particularly trade unions, would have any possibility of operating outside the Party framework. 1. Trade union unity. The Committee notes the views advanced by the Government according to which the fact that no legislative provision prohibits or prevents the establishment of trade unions is sufficient to ensure the application of Article 2 of the Convention. The Government adds that the trade union system corresponds to the specific economic and social conditions prevailing in the country at the time when the trade union movement emerged and that sections 4 and 185 of the Labour Code protect trade union rights and ensure the participation of trade unions in the administration of society and the State. It also specifies that the trade union rights referred to apply to all trade unions whether they exist now or will be established in the future. In the Government's opinion, little is achieved merely by ensuring under the law that workers' organisations have the right to draw up their constitution and rules, to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes, and the legislation must therefore consolidate the legal foundations of trade union activity - sections 4 and 185 were envisaged for this purpose. The Government also states that the current trade union system is considered by the workers to be one of their most important achievements and that the Central Council of Mongolian Trade Unions and the central committees are responsible for dealing with essential issues affecting the vital interests of all workers. However, the Committee considers that although the legislation does not in theory prevent a trade union from being constituted, the provisions of the Labour Code, which specifically and exclusively confer essential trade union functions on the Central Council of Mongolian Trade Unions and on the trade union committees (sections 4, 183 and 185 of the Code) are in themselves an obstacle to other trade union organisations being able to exercise in practice activities of a trade union nature. In its General Survey of 1983 on Freedom of Association and Collective Bargaining, the Committee emphasised that, even in a case where a de facto monopoly exists as a consequence of all the workers having grouped together, legislation should not institutionalise this factual situation, for example, by designating the single central organisation by name, even if the existing trade union so requests (see paragraph 137 of the General Survey). The Committee is once again bound to draw the Government's attention to the fact that it should be possible for workers' organisations to be set up, where this is so desired, outside the existing trade union structure, to defend their members' interests and to formulate their programmes, as envisaged in Article 3. The Committee points out that the principles laid down in the Convention are aimed at ensuring that workers are able, both in theory and practice, to establish freely organisations of their own choosing to represent their interests. 2. Political ties. With regard to the ties between the People's Revolutionary Party of Mongolia and the trade unions, the Committee notes from the Government's reports that the Party constantly supports the trade unions in their activities since these organisations have the common background of having been established and developed principally as working class organisations. According to the Government, as a result of the fact that the Party plays an essential role in social development for the good of the whole of the population and supports the workers' struggle in a planned and scientific manner corresponding to the objectives of national development and the ideals of the working class, it is normal for the Party's programme to be followed and supported by the masses and social pressure groups, including the trade unions. Consequently, the Government considers that the provisions of section 82 should be viewed in the context of the situation as it describes it and that it is an internal political matter which is not dealt with by the Convention. In the first place, the Committee wishes to emphasise that it recognised in paragraph 195 of its General Survey of 1983 on Freedom of Association and Collective Bargaining that the participation of trade unions in economic and social policy-making bodies, in order to achieve the objective of promoting working conditions, means that trade unions must be able to devote attention to matters of general interest, i.e. "political" in the broadest sense of the word. However, the Committee referred in paragraph 196 of the above Survey to the 1952 resolution concerning the independence of the trade union movement to point out that the political relations of trade unions with political parties or their political activities intended to further the achievement of their economic and social objectives should not be of such a nature as to compromise the freedom and independence of the trade union movement. The Committee stresses this point, since the links between the trade union organisation and the political party are in this case imposed by legislation, namely the Constitution of the State, contrary to the provisions of Article 3, under which organisations shall have the right to organise their activities in full freedom. The Committee therefore requests the Government to reconsider the situation in the light of its comments in order to give full effect to the provisions of the Convention. Furthermore, the Committee reiterates its request concerning the regulations respecting the rights of the trade union committees to which the Government referred in 1977. It urges the Government to attach a copy of them to its next report.