Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Employment Service Convention, 1948 (No. 88) - Mongolia (Ratification: 2015)

Articles 1 and 2 of the Convention. Structure and functioning of the free public employment service.  In its previous comments, the Committee requested the Government to provide detailed information, including statistics disaggregated by sex and age, on the impact of the measures taken by the public employment services to ensure the best possible organisation of the labour market with a view to promoting the effective recruitment and placement of workers. The Government indicates that departments of labour and social welfare of the aimags (provinces) and the Capital city and its districts provide national employment services. The Committee notes that in 2016-2018, employment services have registered 185 thousand vacancies and placed 124.6 thousand citizens in employment. It further notes that in the first nine months of 2019, the employers have notified 39,989 vacancies, 20.4 thousand workers were registered as unemployed and 24,860 jobseekers were placed in employment, including 12,738 women and 5,667 young workers (age 15-24). The Committee requests the Government to continue to provide information on the activities carried out by the employment services and on the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by the national employment services.

Articles 3(2) and 6. Establishment and organisation of national employment offices. Collection and analysis of information on the employment market. The Committee previously requested the Government to indicate what provision is made to review and modify, where necessary, the network of national employment service offices in order to meet the changing requirements of the labour market. The Committee further requested the Government to provide information on the activities carried out by the employment services and measures taken or envisaged to anticipate future labour market needs in order to assist the current labour force to adapt to those needs. The Government indicates that the Law on Government Structure can be amended for the purpose of re-organising or changing Ministries’ mission, strategies or structure. It further indicates that the above-mentioned law has been amended, in 2016, to merge the Ministry of Population Development and Social Protection and the Ministry of Labour into a single Ministry of Labour and Social Protection in order to harmonise employment promotion and social welfare policy. In addition, in 2017, the Employment Service Centre, the Central Labour Exchange and general departments of Social Welfare Services were re-organised to create a single agency for the optimal implementation of employment policy. Currently, the Labour and Social Welfare agency is the only agency in charge of providing employment services at the aimag and in the capital city. With regard to the labour market, the Committee takes note of the information provided by the Government on the collection and analysis of the labour market information and the activities of the online platform of employment services. The Government indicates that a new Research Institute for Labour and Social Protection was established within the Ministry’s structure. The Institute has conducted studies on “Wage Structures”, “Barometers of the Labour Market Demands”, “Employment Rates of Graduates”, “Youth Unemployment and Economic Inactivity”, “Assessment of Impacts of the Programs and Projects financed by the Employment Promotion Fund”, and other researches in order to provide information to the general public and make recommendations on the labour market to policy-makers. The Committee requests the Government to provide updated detailed information, including statistical information on the impact of re-organisation and restructuring of the employment services, indicating in particular, whether and in what manner such re-organisation has contributed to maintaining a free public employment service and to ensuring “the best possible organisation of the employment market”. The Committee further requests the Government to provide information on the impact of the activities carried out by new Research Institute for Labour and Social Protection, in particular, with regard to identification of current and anticipation of future labour market needs.

Articles 4 and 5. Consultation with social partners. In its previous comments, the Committee requested the Government to provide further information on the manner in which the representatives of employers’ and workers’ organisations are consulted on the organisation and operation of the employment service and the development as well as the implementation of national employment policy. The Government indicates that in conformity with the Law on Employment Promotion, Councils of representatives, composed of representatives of the Government, employers and workers are established at national, aimag, the Capital city and district. The Councils are entrusted, among other tasks, with the development of proposals, policies, strategies and programs for employment promotion as well as with making assessments on the outcome of employment promotion measures, the submission of conclusions and recommendation on various issues to the competent authorities. The Committee notes that in order to ensure the full representation of the employers and workers in discussions and decision-making processes, the quorum for the validity of any Councils’ meeting is established at not less than 75 per cent of its members. The Committee requests the Government to provide information on consultations held with the employers’ and workers’ organisations with a view to securing their cooperation in the organisation and functioning of the public employment service.

Article 6(b). Activities of the employment service. Labour mobility and migration. The Committee previously requested the Government to provide details on the measures taken or envisaged by the employment service to support internal labour migrants and to facilitate the professional or geographic mobility of workers, including statistical data indicating the number of migrant workers benefitting from such services, particularly internal migrant workers and the results achieved by the employment services in providing jobs for rural workers seeking employment in urban areas. The Committee notes the detailed statistics provided by the Government, in particular, it notes that in the first nine months of 2019, some 39,332 people have participated in employment promotional activities and 110,080 workers have used the general employment services. With regard to migrant workers, the Government indicates that various measures have been taken in accordance with the national employment policy to reduce the continued migration from the countryside to the capital city (Ulaanbaatar). In this regard, the National Program for Reduction of Unemployment and Poverty has been implemented to create jobs in provinces and rural areas. In addition, the “Program to support Herders” was implemented in 2018-2019 to provide permanent employment and income resources to contract workers that migrate from cities to rural areas to work as herders. The Committee notes that, from 2018 to September 2019, the programme has placed 521 herders in contracting and permanent employment. It further notes that the migration rate is declining as the immigration from the countryside to the capital city has decreased from 25.1 thousand in 2016 to 6.7 thousand in 2018 and the emigration from Capital city to the countryside has decreased from 14.3 thousand in 2016 to 6.3 thousand in 2018. The Committee requests the Government to continue to provide information on specific activities undertaken with a view to promoting employment in rural areas, including information on steps taken to promote labour mobility and protect migrant workers.

Articles 7 and 8. Particular categories of applicants for employment. Special arrangements for young workers. In its previous comments, the Committee requested the Government to provide information, including up-to-date statistics, disaggregated by sex and age, on the impact of measures taken to meet the employment needs of particular categories of jobseekers, including young persons, women, the long-term unemployed and persons with disabilities. The Committee also requested the Government to provide specific information on the impact of measures taken to facilitate specialisation by occupation or by industry in the various employment offices. The Government was also requested to provide information on the outcome of measures taken to facilitate the transition of young persons into the labour market and on the number of young participants in the vocational training programmes, disaggregated by sex and age. The Government indicates that in accordance with the Law on Employment Promotion and its regulations, the National Employment Council has approved, in 2019, various programmes, such as “Employer Promotion Programme”, “Employment Training Programme”, “Preparation for Employment Programme”, “Job Support Program”, “Program to Support Youth Employment and start-up Businesses”, “Program to Support Jobs for Persons with Disabilities” and “Program to Support Herders’ Employment”. These programmes aim to improve the business environment, facilitate specialisation by occupation and provide employment support to categories of workers who face particular difficulties in securing employment (i.e., persons with disabilities, labour aged and out of orphan’s house, persons released from correction). The Government further indicates that the employment policy is applied ensuring gender equality and creating equal opportunity for business-women to obtain small loans, financial support and incentive to improve their economic capacity, to engage in employment services and to improve their professional knowledge and skills. In this respect, the Committee notes the statistical information provided by the Government, in particular, it notes that from 2017 to September 2019, out of 99,033 people registered in programmes to support businesses, micro-businesses and employment, 55,317 were women. It further notes that the programmes to support labour skill and job preparedness have benefited to 26,017 participants out of which 13,961 were women. The women have also participated in other programmes such as the Programme to support youth (12,570 participants out of which 6,274 were women), Programme to support jobs for people with disabilities (17,782 participants out of which 8,614 were women) and the Programmes to support herders’ employment (18,930 participants out of which 6,240 were women). With regard to youth employment, the Committee notes that as of September 2019, the “Program to Support Youth Employment and start-up Businesses” which provides support to start-ups and promotes sustainable business management for young people aged 15-34, has benefited to 3,701 young people (of which 1,950 female) and spent MNT 2,414,208.2 providing 478 jobs. In addition, as of September 2019, out of 20.4 thousand registered unemployed persons, 3,679 were aged 15-24 years (2,020 females and 1,659 males), 7,875 aged 25-34 years (4,372 females and 3,503 males) 5,074 aged 35-44 years (2,793 females and 2,281 males), 2,984 aged 45-54 years (1,570 females and 1,414 males), and 801 aged 55 year and over (286 females and 515 males).With regard to people with disabilities, the Committee notes that, as of September 2019, 17,782 persons with disabilities have participated in employment promotion programmes (8,614 women), 1,283 have received job support and 105 have taken part in training programmes (56 women). The Committee requests the Government to provide further information on the measures taken with regard to specialisation by occupation or branch of activity in the employment service, as well as those taken to respond adequately to the needs of particular categories of jobseekers, such as women, persons with disabilities and other vulnerable jobseekers. It also requests the Government to continue to provide information on the activities carried out under the initiatives undertaken by the Government to promote employment of young persons, including statistical data disaggregated by gender and age, on the outcome of employment services programmes in terms of placing young people in lasting employment.

Articles 9 and 11. Training of employment service staff. Cooperation between public employment service and private employment agencies. The Committee requested the Government to provide specific information on the measures taken or envisaged for the training of the staff of the employment service both when entering service and any further training, particularly with respect to the needs of particular categories of applicants for employment, such as young persons, women, the long-term unemployed and persons with disabilities. The Committee also requested the Government to provide information on any developments regarding the measures taken to secure effective cooperation between the public employment service and the private employment agencies. The Government indicates that the Law on Public Services stipulates in Clause 29.1 “a citizen after been appointed to the public service shall be involved in short-term and medium-term trainings”. In this respect, the Ministry of Labour and Social Protection provides a level-by-level training and capacity building for the entry-level staff who become in charge of delivering employment services. The Government further indicates that in 2017-2018 a master degree program on work and professional orientation was included in curricula of the National University of Mongolia. From 2017 to 2019, 51 students have completed the curricula out of which 27 were staff members. The Committee notes that from 2017 to 2019, a total of 3,809 employment services staff have benefited, both at the time of their appointment and during their career, from the training and capacity building programmes designed to improve their professional performance in areas such as labour, social and professional orientation, at aimag, district and counties level. With regard to the private employment agencies, the Government indicates that the Law on Employment Promotion and the “Rules of Registration and Financing Private Employment Agencies” regulate the performance of these agencies. The Committee notes that 37 private employment agencies were certified to practice in 2019 and 21 of these agencies, which are active in the labour market, have received MNT 12.0 million funding. The Committee further notes that in order to improve the legal regulation of the private employment agencies, the Ministry is considering amending the Law on Employment Promotion and its respective Rules. The Committee requests the Government to continue providing information on the vocational training provided for employment service staff with an indication of the frequency of training courses and their content, and to report their impact, and particularly their effect in practice in terms of reinforcing the capacity of the employment services in the exercise of their functions, particularly with respect to young persons, women, the long-term unemployed and persons with disabilities. The Committee, once again, requests the Government to provide information on any measures taken or envisaged to secure effective cooperation between the public employment service and the private employment agencies. It also requests the Government to continue to provide information on the number of participants in the training courses and the total number of staff members assigned to employment services in the country. In addition, the Government is requested to provide further information on proposed amendments to Law on Employment Promotion and its regulations and to submit copies once they are adopted, in accordance with point I of the report form.