Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Abolition of Forced Labour Convention, 1957 (No. 105) - Mongolia (Ratification: 2005)

Other comments on C105

Direct Request

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Communication of texts. In order to enable the Committee to fully examine the application of the Convention, it reiterates its request to the Government to supply with its next report copies of the legislation in force in the following fields: laws governing the press and other media; laws governing political parties and associations; and laws governing assemblies, meetings and demonstrations.

Article 1(d) of the Convention. The Committee previously noted that, under section 123 of the Labour Law, a strike will be considered unlawful if it is held in violation of section 119.1 (which describes the cases in which a strike may be called); if it has been organized by any restricted organization specified in section 122.1 (organizations in charge of state defence, national security and public order); or if it has been organized in connection with matters not related to employment relations regulated by collective agreements. While noting that under section 141.1.14 of the Labour Law, persons who organize a strike in violation of section 122.1 (restricted organizations) shall be punished with fines, the Committee requested the Government to indicate the kind of sanctions that may be applied for participation in strikes declared unlawful pursuant to section 123.1 (as a consequence of the violation of section 119.1 referred to above) and section 123.3 (where a strike is not relevant to the matters regulated by the collective agreement) of the Labour Law.

The Committee notes the Government’s indication that there is a lack of information on strikes and temporary lockouts of workplaces since matters are not regulated by collective agreements as provided for by the Labour Law. The Government further states that in 2011 a strike took place in a state-owned bio plant due to a dispute over the newly appointed management and that no cases of strikes or lockouts were registered in organizations providing defence and national security (which are prohibited pursuant to section 122.1 of the Labour Law).

While noting the information provided by the Government as regards the application in practice of provisions relating to strikes and lockouts, the Committee reiterates its request to the Government to indicate the kind of sanctions that may be applied for participation in strikes declared unlawful pursuant to sections 123.1 and 123.3 of the Labour Law. The Committee also requests the Government to provide information on the application in practice of provisions imposing such sanctions.