Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

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).