Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 122) sur la politique de l'emploi, 1964 - Mongolie (Ratification: 1976)

Articles 1 and 2 of the Convention. Employment trends, implementation of an active employment policy and measures to address the COVID-19 pandemic. The Committee notes the statistical information provided by the Government on trends in the labour market in relation to the economically active population, employment, and unemployment, disaggregated by sex and age. According to the data of the second quarter of 2023 by the National Statistics Office, the number of unemployed is 70,800, and the unemployment rate is 6.6 per cent, which is 7,900 less than in the previous quarter. As of 2022, the employment rate was 54.7 per cent, which implied an increase of 2.4 per cent from the same period of the previous year, and the national unemployment rate was 6.7 per cent, and by gender, the unemployment rate for men was 7.4 per cent, while the unemployment rate for women was 5.8 per cent. As regards the impact of the COVID-19 pandemic on the implementation of the Convention, the Government indicates that activities implemented to preserve and protect jobs and increase employment during the pandemic included, inter alia: (i) the “10.0 Billion Comprehensive Plan to Protect Health and Revitalize the Economy” whereby 3-year loans were provided to manufacturing and service enterprises and citizens; (ii) in 2021, 1.9 trillion Mongolian tugriks was provided to more than 25,000 citizens, 5,673 enterprises and organizations for a loan of 2.0 trillion tugriks, and 108,200 jobs were saved; (iii) from June 2020 until the end of 2021, 11,500 citizens and enterprises postponed their loan payments, which become an optimal measure to preserve and create new jobs; (iv) exemption of social insurance premiums and fines for enterprises, organizations, and insured persons, which supported employers to maintain their income and job places, and made it possible for citizens to continue paying contributions; and (v) 44.1 billion tugriks was provided to 80.9 thousand insured persons of 7.2 thousand employers whose sales income decreased during the COVID-19. The Government also refers to the implementation of other measures, such as increasing the amount of child allowance and cancelling electricity and water bills, that positively prevented a sharp decrease in household income, maintained jobs, and supported employment, directly or indirectly. The Ministry of Labour and Social Protection, as part of the World Bank-funded Employment Support Project, has been providing small loans to support micro-entrepreneurs since 2019, and by the end of 2022, a total of 1,439 citizens benefited from loans of 12.8 billion tugriks and supported the creation and maintenance of a total of 2,833 jobs. In 2022, within the framework of the “Entrepreneurs Support Program”, the Employment Support Fund continued to provide financial support to self-employed and micro-industry service providers to support them in production and services, and a total of 11,869 citizens were granted 21.3 billion tugriks. In 2023, the Employment Support Fund began providing small loans amounting to 20.0 billion tugriks from its resources. The Government also reports certain legislative and policy developments including: the Labour Law was revised and approved by the Parliament with the main improvements being related to triangular employment relations, part-time work, remote work, work on interpersonal labour contracts, long-shift work, and the payment of wages to employees following their skills and qualifications. The report also refers to different programmes adopted in 2020–21, to support employment that matches the characteristics of population groups including: ”Work readiness and providing employment skills”, “Reviving the activities of entrepreneurs during the COVID”, “Supporting jobs for persons with disabilities”, “Employment of young adults”, “Supporting start-up business” and “Supporting the employment of seniors”. The Committee notes in this regard that the April 2023 World Bank Poverty & Equity Brief on Mongolia highlights that the labour market improved throughout 2022 and, by the fourth quarter of 2022, the employment-to-population ratio recovered to the pre-COVID-19 level of 55 per cent, and the unemployment rate dropped to the lowest level (5.3 per cent) in a decade. The Committee notes, however, that the United Nations (UN) Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations on the fifth periodic report of Mongolia, has expressed concerns with relation to the right to just and favourable conditions of work, including;- (i) reports that up to 25 per cent of employed workers are unable to enjoy an adequate standard of living despite being in employment; (ii) the slow progress in formalising the employment of workers in the informal economy; and (iii) the lack of information on the impact of the revised labour legislation (2021) on reducing sexual harassment in the workplace (document E/C.12/MNG/CO/5, dated 10 November 2022, paragraph 24). The Committee also notes the “Mongolia Jobs Diagnostic“ synthesis report produced by the World Bank in December 2022, which identified job-related challenges for the future and more particularly the need to create more and better jobs to meet the aspirations of an increasingly educated workforce and drive higher incomes and productivity. The Committee requests the Government to continue to provide up-to-date, detailed information on the results of the measures implemented and on trends in the labour market, especially in relation to the economically active population, employment and unemployment, disaggregated by sex and age. The Committee further requests the Government to continue to provide information on the manner and extent to which the measures implemented have enabled the beneficiaries to obtain full, productive and sustainable employment.

Employment services. Collection and use of employment data. The Government indicates that the AI-based Employment Electronic System “Ejob” platform was launched in 2022 and financed through the “Employment Support Project” funded by the World Bank in order to redevelop Mongolia’s labour market information system. The Government explains that within the framework of the system, the users can send their resume or CV to organisations, search for a job within a radius of 1–10km depending on the location, get a job regardless of the location, and participate in employment support services and events. The Government points out that as of August 2023, the number of registered jobs in the “Ejob” platform was 38,782, the number of job seekers was 58,472, the number of employers was 8,630, the number of employed people was 12,734, and the number of mobile application users was 15,304. While it takes due note of this information, the Committee requests the Government to continue to provide also more general information on the activities of the employment services and how they participate to the implementation of employment policies. The Committee also requests the Government to supply disaggregated and updated statistical information on the number of beneficiaries of public and private employment services and those placed in lasting employment.

Small and medium-sized enterprises. The Committee notes with regret that the Government has not provided the information requested by the Committee in its previous comments. It recalls that private sector development, particularly through the growth of small and medium enterprises (SMEs), is crucial for achieving employment policy objectives. SMEs are significant drivers of job creation and economic diversification, providing more than half of all formal jobs worldwide. By fostering a vibrant SME sector, the Government can promote the generation of sustainable employment opportunities, reduce dependency on the mining sector, and enhance economic resilience. Additionally, SMEs contribute to innovation and productivity, addressing critical development challenges and promoting inclusive growth. Therefore, supporting SMEs through improved access to finance, regulatory reforms, and capacity-building initiatives is essential for a dynamic and inclusive labour market. In view of the above, the Committee reiterates its request to the Government to provide updated information on the effectiveness of financial measures and programmes implemented in support of SMEs and their impact in terms of improving the SMEs business environment, enhancing workers’ skills and creating new enterprises. It also reiterates its request to the Government to provide statistical information on the number and type of enterprises established and the number of jobs created by such enterprises. In addition, the Committee reiterates its request to the Government to provide information on the impact of the new Law on SMEs, adopted in 2019, on the promotion of entrepreneurship and creation of small and micro enterprises.

Informal economy. The Committee notes the information on the measures taken to facilitate the transition from the informal to the formal economy. The Government indicates that by the end of 2020, 209,877 people were working in the informal sector in Mongolia. The Government points out that the state policy on formalising informal employment is reflected in the Strategic Policy of Vision 2050, Employment Promotion Law, Social Insurance Package Laws, employment promotion programs and other policy documents. The Government explains that it was decided to implement a US$ 300,000 project in collaboration with ILO to develop mechanisms that would enable the collection and processing of informal employment records, and to create effective cooperation and leadership among stakeholders, to influence the transition of informal employment to formal form. The Committee further notes that Mongolia’s recent labour law reform aims to reduce informality in the labour market by recognizing various forms of non-standard employment, such as part-time, remote, and home-based work, ensuring these workers receive the same rights as full-time employees. The law also introduces paid leave for fathers and maintains parental leave for childcare, promoting gender equality. The Committee requests the Government to indicate the impact of the recent legislative reform on transitions from informality to formality and indicate measures taken or envisaged as well as their impact on strengthening compliance and enforcement, including through inspection procedures, and to continue to provide updated information on the measures taken to facilitate the transition from the informal to the formal economy as well as the impact of these measures. The Committee draws the Government’s attention to ILO’s Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204) which provides comprehensive guidelines to facilitate the transition from the informal to the formal economy. It emphasizes the need to respect workers’ fundamental rights and ensure opportunities for income security, livelihoods, and entrepreneurship. The recommendation promotes the creation and sustainability of decent jobs and enterprises in the formal economy while preventing the informalization of formal jobs. It calls for integrated strategies, including productivity enhancement, legal and regulatory reforms, fiscal measures, and social protection. Additionally, it highlights the importance of social dialogue, tailored approaches to national circumstances, and the collection of data to monitor progress.

Vocational training and education. The Government indicates that the Ministry of Labour and Social Protection analyses the employment status of graduates and uses the data to develop policies to increase employment and that the “Graduate Employment Survey” was conducted to identify the problems faced and the reasons for unemployment objectively, and to provide quantitative information to policymakers and training institutions. The Government also shares the results of the “Graduate Employment Survey”, which covers the period 2015–20 as well as information on the results of the programmes “Job Readiness and Employment Skills” and “Herders Employment Support Program” undertaken between 2020 and 2022. In accordance with the law on amendments to the Law on the Government of Mongolia approved in November 2021, vocational education and training is now the responsibility of the Ministry of Education and Science. The Government further indicates that the Parliament approved the revision of the Law on Vocational and Technical Education and Training in July 2023, and its purpose is to support social development and economic productivity and prepare citizens with specific skills that meet the demands and requirements of the labour market. The Government further states that it has announced the consultancy service “Development of mid-term forecasts of labour market demand and supply,” budgeting 750.0 million tugriks for the 5–10 year initiative. While duly noting these information, the Committee notes that the Government does not provide information on progress made in providing vocational training and education in rural areas and remote communities. Recalling that addressing the mismatch between workforce skills and labour market needs is crucial for improving employment outcomes, the Committee requests the Government to continue to provide information on the impact of the measures taken in the area of education and training, and on their relation to prospective employment opportunities. It also reiterates its requests to the Government to provide information on progress made in providing vocational training and education in rural areas and remote communities.

Specific categories of workers. The Government indicates that in accordance with the Law on Employment Support, the “Program to Support the Employment of Persons with Disabilities” was approved and implemented and that the Employment Support Fund spends 4.5 billion tugriks annually on the programme, and 4,000–5,000 temporary and permanent jobs are created annually. The Government further indicates that in 2022, according to the revision of the Labour Law, 4.8 billion tugriks from the payment per eligible position was concentrated in the employment support fund and that in 2023, 11.2 billion tugriks was budgeted to be spent on the program to support the employment of people with disabilities. The Government further indicates that, in cooperation with the Japan International Cooperation Agency (JICA), it undertook the project “Strengthening the system for supporting the employment of people with disabilities”, which will train and provide internships for people with disabilities in employers’ organisations. The Committee notes that the UN Committee on the Rights of Persons with Disabilities (CRPD), in its concluding observations on the combined second and third periodic reports of Mongolia, noted with concern that: (i) despite government efforts to enhance access to work and employment for persons with disabilities, they remain largely excluded, particularly women with disabilities, individuals with intellectual disabilities, and those with psychosocial disabilities, from both the open labour market and entrepreneurship opportunities; and that (ii) despite the existing legal provisions on reasonable accommodation in the Labour Code, they are not consistently recognised and applied in all sectors (document CRPD/C/MNG/CO/2-3, dated 5 October 2023, paragraph 53). The Committee also notes that the Government does not provide specific detailed information for young persons and agricultural workers in rural areas and remote communities. The Committee reiterates its requests to the Government to provide detailed and updated information, including statistics, on the impact of measures taken to promote employment, in terms of job creation and retention, particularly for young persons, persons with disabilities, including women with disabilities, as well as for agricultural workers in rural areas and remote communities.

Employment of women. The Committee notes that the UN Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations on the tenth periodic report of Mongolia, expressed concerns on: (i) the persistent gender pay gap in all labour sectors, vertical and horizontal segregation in the labour market, the concentration of women in low-paid jobs in the formal and informal sectors, and the lack of affordable childcare facilities; (ii) the list of occupations that are prohibited for women, (iii) the early retirement age for women, limiting their employment opportunities and reducing their pension benefits; (iv) the classification of sexual harassment as a minor offence and lack of information on the number of prosecutions; and (v) the lack of information on the national labour inspection system (document CEDAW/C/MNG/CO/10, dated 12 July 2022, paragraph 30). The Committee requests the Government to provide updated detailed information on the measures adopted or envisaged to actively pursue a policy designed to promote full, productive and freely chosen employment for women and avoid any gender discrimination.

Article 3. Consultation with the social partners. The Government states that the National Employment Council’s budget, funded by the Employment Support Fund, supports activities of regional and capital district councils, with 238.6 million tugriks allocated for 2023. When approving the Employment Support Program and Fund schedule through the General Agency of Labour and Social Welfare Services, they gather input from provincial and district departments, tailoring programs to local needs and seeking consensus from the National Council members. Proposals for new employment support initiatives are submitted, reviewed, and finalized for approval by local councils. The Committee requests the Government to continue to provide information on consultations held with the social partners in accordance with Article 3, as well as to provide information on the manner in which representatives of persons affected, including those working in the informal economy and in rural areas are consulted in the formulation and implementation of employment policies and programmes.