Mongolia – Freedom of association

By Daniel Morris | 22. February 2024

CHAPTER II. Actions to improve the duty of the state in protecting human rights

8. Eliminate discrimination in respect of employment and occupation, guarantee the right to a living wage adequate for a decent standard of living and the right to freedom of association

Actions and measures to be implemented:

Assess whether national legislation fully reflects the provisions and obligations under ILO Convention No. 100 on Equal Remuneration, ILO Convention No. 111 on Discrimination (Occupation and Employment) and Convention No. 87 on Freedom of Association and Protection of the Right to Organise, and take measures to bring relevant laws and legislation into conformity with these Conventions.

  • Time frame: 2023 – 2025
  • Criteria: The compatibility of national legislation with the applicable Conventions is examined and appropriate conclusions and recommendations will be made. Draft amendments to relevant laws and legislation will be prepared and submitted for approval.
  • Implementing organisations: MLSP [Ministry of Labour and Social Protection].
  • Jointly implementing organisations: MFA [Ministry of Foreign Affairs], Relevant ministries and organisations, CMTU [Confederation of Mongolian Trade Union], IOs.

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Following the Labour Code (revised edition) and in line with the objective of ensuring the right to freedom of association and collective bargaining in the field of employment and labour relations, we develop and promote methods and policies, raise awareness among employers and workers and enhance their roles and responsibilities, and organise activities to support their cooperation. Receive and process complaints and feedback on violations of the right to freedom of association and collective bargaining and provide advice. 

  • Time frame: 2023-2027
  • Criteria: Methodology and guidelines will be developed and adopted. Actions to promote legislation, guidelines and methodology, raise awareness and understanding, build capacity, improve duties and responsibilities and support cooperation will be planned and implemented in several phases. The service for registration and advice on complaints and feedback on this issue will be improved.
  • Implementing organisations: MLSP [Ministry of Labour and Social Protection], NHRCM [National Human Rights Commission of Mongolia], NGOs
  • Jointly implementing organisations: Governors of all levels, MNCCI, Mongolian National Chamber of Commerce and Industry], MONEF [Mongolian Employers’ Federation], CMTU [Confederation of Mongolian Trade Union]

Create the conditions for trade union committees to work independently and impartially, organise multilateral debates, make findings and proposals, and take action to amend the Mongolian People’s Republic Law on the Rights of Trade Union adopted in 1991.

  • Time frame: 2023-2024
  • Criteria: Discussions and consultation meetings will be organised and joint recommendations will be issued. Subsequently, draft legislative amendments will be prepared and submitted for approval.
  • Implementing organisations: MLSP
  • Jointly implementing organisations: Relevant ministries and organisations, governors of all levels, MNCCI, MONEF, CMTU, Professional associations

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13. Raise awareness and understanding of employment and build capacity.

Actions and measures to be implemented:

  • Organise training and activities to raise awareness and understanding of workers’ legitimate rights, safety at work, the right to organise and social security, and involve the media.
  • Time frame: 2023 – 2027
  • Criteria: Training and activities to increase awareness and understanding are organised in several phases. The information and recommendations will be disseminated through the media.
  • Implementing organisations: MLSP, SIA [Social Insurance Agency], CMTU, NGOs
  • Jointly implementing organisations : Governors of all levels, Media Council of Mongolia (MCM)
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  • Train and build the capacity of lawyers to provide specialised legal assistance in the area of employment and industrial relations.
  • Time frame: 2023-2027
  • Criteria: Training and capacity building for lawyers and advocates providing specialised legal assistance is organised in several phases.
  • Implementing organisations: MLSP
  • Jointly implementing organisations: MoJHA, Mongolian Bar Association (MBA), Association of Mongolian Advocates (AMA), CMTU