National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Article 4 of the Convention. The Committee noted in its previous comment that article 20.4 of the new Labour Code provides in all cases for the participation of the public authorities in collective agreements at national or regional levels, or with respect to an administrative or territorial unit, economic sector or profession. The Committee recalls that, under the terms of Article 4, free and voluntary negotiation should be promoted, at all levels, between employers or employers’ organizations and workers’ organizations, without the intervention of the public authorities. The Committee therefore requests the Government once again to take the necessary measures to amend its legislation in order to bring it into conformity with the principle of autonomy of the bargaining parties and to keep it informed of any development in this respect.
Articles 4 and 6. The Committee noted that, according to the terms of the law on government service it was not clear if public servants enjoyed the right to organize and to negotiate their terms and conditions of employment collectively. The Committee had noted the Government’s indication in a previous report that “some ranks of public officers do have the right to organize and collective bargaining and that there is no restriction by any legislation in this regard”. The Committee again asks the Government to inform it in its next report about the categories of public servants that are prevented from exercising the right to collective bargaining.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes the Government’s report.
Article 4 of the Convention. The Committee noted in its previous comment that article 20.4 of the new Labour Code provides in all cases for the participation of the public authorities in collective agreements at national or regional levels, or with respect to an administrative or territorial unit, economic sector or profession. The Committee notes that the Government confirms in its report that the participation of the public authorities in the collective agreements at different levels is required by the legislation. In these circumstances, the Committee recalls that, under the terms of Article 4, free and voluntary negotiation should be promoted, at all levels, between employers or employers’ organizations and workers’ organizations, without the intervention of the public authorities. The Committee therefore requests the Government once again to take the necessary measures to amend its legislation in order to bring it into conformity with the principle of autonomy of the bargaining parties and to keep it informed of any development in this respect.
Articles 4 and 6. The Committee noted that, according to the terms of the law on government service it was not clear if public servants enjoyed the right to organize and to negotiate their terms and conditions of employment collectively. The Committee notes the Government’s indication that "some ranks of public officers do have the right to organize and collective bargaining and that there is no restriction by any legislation in this regard". The Committee asks the Government to inform it in its next report about the categories of public servants that are prevented from exercising the right to collective bargaining.
Article 4 of the Convention. The Committee notes that article 20.4 of the new Labour Code provides in all cases the participation of the public authorities in the collective agreements at national or regional levels, or with respect to an administrative or territorial unit, economic sector or profession. The Committee recalls that under the terms of Article 4, free and voluntary negotiation should be promoted, at all levels, between employers or employers’ and workers’ organizations, without the intervention of the public authorities. The Committee therefore requests the Government to take the necessary measures to amend its legislation in order to bring it into conformity with the principle of the autonomy of the bargaining parties and to keep it informed of any development in this respect.
Articles 4 and 6. The Committee notes that according to the terms of the law on government service it is not clear if public servants enjoy the right to organize and to negotiate their terms and conditions of employment collectively. The Committee therefore asks the Government to inform it in this regard.
The Committee notes the information provided by the Government in its latest report and, in particular, the adoption in November 1993 of the Act on the Settlement of Collective Labour Disputes. As a copy of this Act is not available at the Office, the Committee requests the Government to supply a copy of this text with its next report.
The Committee notes that the Government's report does not reply to its previous comments and therefore requests the Government once again to clarify the meaning of section 8(2) of the Labour Code which, in the unofficial English translation, reads: "The benefits determined more than in the legislation of the Mongolian People's Republic may be decided to grant (sic) from funds by the organization by the collective agreement."
It also requests the Government to provide information on the practical application of the Convention in its next report, for example, the number of collective agreements concluded to date, the sectors and number of workers covered, as well as copies of such collective agreements.
The Committee notes the information contained in the Government's report on the application of the Convention.
The Committee requests the Government to send, with its next report, a copy of the Act of November 1993 on the settlement of collective disputes.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes the information supplied by the Government in its report concerning the various recent legislative changes in Mongolia, in particular the entry into force on 1 July 1992 of a new Labour Code.
Given the importance of voluntary negotiation set out in Article 4 of the Convention, the Committee asks the Government to clarify the meaning of section 8(2) of the new Labour Code which, in the unofficial English translation, reads: "The benefits determined more than in the legislation of the Mongolian People's Republic may be decided to grant (sic) from funds by the organization by the collective agreement."
The Committee would also appreciate receiving details from the Government on how this new legislation has been working in practice and accordingly requests from it information on the number of collective agreements concluded to date, the sectors and number of workers covered, as well as copies of agreements.
Given the importance of voluntary negotiation set out in Article 4 of the Convention, the Committee asks the Government to clarify the meaning of section 8(2) of the new Labour Code which, in the unofficial English translation, reads: "The benefits determined more than in the legislation of the Mongolian People's Republic may be decided to grant (sic) from funds by the organisation by the collective agreement."