Mongolia – Worker’s rights

By Daniel Morris | 22. February 2024

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

1. Become a party to the international convention.

Actions and measures to be implemented:

Become a party to the International Labour Organisation (ILO) Convention No. 190 on the Elimination of Violence and Harassment in the Workplace.

  • Time frame: 2023-2025
  • Criteria:  A study will be carried out and the decision will be made on becoming a party to the convention.
  • Implementing organisations: Ministry of Labour and Social Protection (MLSP)
  • Jointly implementing organisations: Ministry of Foreign Affairs (MFA), Relevant governmental organisations, Confederation of Mongolian Trade Union (CMTU)

6. Improve occupational safety and health requirements and standards.

Actions and measures to be implemented:

Assess whether national legislation fully reflects the provisions and obligations of ILO Convention No. 155 on Safety and Health at Work, ILO Convention No. 176 on Safety and Health in Mines and ILO Convention No. 167 on Safety and Health in Construction and take measures to bring relevant laws and regulations into conformity with these Conventions.

  • Time frame: 2023-2024
  • Criteria: The compatibility of national laws and legislation with the relevant conventions is examined and appropriate conclusions and proposals are made. Draft amendments to relevant laws and legislation shall be prepared and submitted for approval.
  • Implementing organisations: MLSP [Ministry of Labour and Social Protection], MMHI [Ministry of Mining and Heavy Industry], MCUD [ministry of Construction and Urban Development]
  • Jointly implementing organisations: MFA [Ministry of Foreign Affairs], MoH [Ministry of Health], AGS [Authority of Government Supervisory], Relevant agencies

7. Enforce the implementation of legislation prohibiting forced labour and the worst forms of child labour.

Actions and measures to be implemented:

Verify that national legislation fully reflects the provisions and obligations of ILO [International Labour Organisation] Convention No. 29 on Forced Labour and ILO Convention No. 105 on the Abolition of Forced Labour and take measures to bring relevant legislation into conformity with these Conventions.

  • Time frame: 2023-2024
  • Criteria: The compatibility of national legislation with the applicable Conventions will be examined and appropriate conclusions and recommendations are 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 [International organisations].

Identify child employment violations in workplaces where the employment of minors is prohibited, conduct regular inspections and take action to eliminate violations.

  • Time frame: 2023–2027
  • Criteria: Monitoring and inspections will be carried out to eliminate the violations.
  • Implementing organisations: MLSP, Monitoring unit of the relevant ministries, Family, Child, and Youth Development Agency (FCYDA).

Organise activities to raise awareness and understanding among employers and workers about forced labour, the worst forms of child labour and their abolition.

  • Time frame: 2023–2027
  • Criteria: Activities to raise awareness and understanding will be planned and organised in phases
  • Implementing organisations: MLSP, FCYDA
  • Jointly implementing organisations: Relevant ministries and agencies, MNCCI [Mongolian National Chamber of Commerce and Industry], MEF [Mongolia Economic Forum], CMTU [Confederation of Mongolian Trade Union], NGOs.

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.

As part of the implementation of Article 103.2.1 of the Labour Code (revised edition), carry out the regular survey of the salary structure, develop a methodology to determine and adjust salaries to fairly and adequately reflect the cost of living (increase in line with inflation), take measures to introduce, promote and implement this in policy.

  • Time frame: 2023-2024
  • Criteria: A study shall be conducted and the methodology for adjusting and setting the salary to the cost of living shall be developed and adopted. Measures will be taken to promote and implement the methodology.
  • Implementing organisations: MLSP, Tripartite National Committee for Labour and Social Partnership, Institute for Labour and Social Protection Training, Assessment and Research
  • Jointly implementing organisations: SMEA [Small and Medium Enerprise Agency], MNCCI [Mongolian National Chamber of Commerce and Industry], Mongolian Employers’ Federation (MONEF), CMTU.

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, MONEF [Mongolian Employers’ Federation], CMTU

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

Conduct comprehensive assessment on the employment of specific groups at high risk

  • Time frame: 2023-2025
  • Criteria: Assessment will be carried out in phases. Measures to implement will be established.
  • Implementing organisations: MLSP
  • Jointly implementing organisations: Relevant ministries and organisations, Governors of all levels, CMTU,

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)

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 [Ministry of Justice and Home Affairs], Mongolian Bar Association (MBA), Association of Mongolian Advocates (AMA), CMTU

CHAPTER FOUR – Actions to provide remedy for human rights violations, enhance the legal framework for compensation, and improve their effectiveness

1. Improve the system and mechanisms for preliminary hearings to resolve labour disputes.

Actions and measures to be implemented:

Conduct multifaceted activities to raise awareness among employers, workers and citizens on the mechanisms for resolving disputes over workers’ interests and rights, including labour mediators, labour arbitrators, workers’ rights dispute resolution commissions, tripartite workers’ rights dispute resolution committees at the soum and district levels and their procedures, and assist in their implementation.

  • Time frame: 2023-2024
  • Criteria: Training and promotional events will be planned and organised in several phases. Information will be disseminated via electronic means (e.g. telephone applications).
  • Implementing organisations: MLSP, Governors of all levels, NGOs.
  • Jointly implementing organisations: Relevant ministries and organisations, SMEA, MONEF, state and locally-owned enterprises.

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5. Enhance the legal framework related to compensation of damages

Actions and measures to be implemented:

To improve the knowledge and understanding of employers and workers in relation to compensation for occupational accidents, acute poisoning and occupational diseases under the Labour Code and the Law on Pensions and Benefits provided by the Social Insurance Fund.

  • Time frame: 2023-2025
  • Criteria: The awareness raising measures will be conducted in phases.
  • Implementing organisations: MLSP
  • Jointly implementing organisations: SMEA, CMTU, MNCCI, MONEF, state and locally owned enterprises, NGOs

Organize information sessions and promotional events on employer’s liability insurance and its importance.

  • Time frame:2023-2024
  • Criteria: Information and promotional events will be organized in phases.
  • Implementing organisations: MLSP, FRC
  • Jointly implementing organisations: SMEA, CMTU, MNCCI, MONEF, NGOs.

Improve the legal provisions for calculating damages and conduct research and draw conclusions on the valuation of lost profits from livestock farming, which is the main form of economic subsistence and livelihood for rural people, as economic damages.

  • Time frame: 2023-2025
  • Criteria: A study will be conducted and conclusions and proposals will be advanced.
  • Implementing organisations: MoFALI
  • Jointly implementing organisations: MoJHA