Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Repetition

Article 5 of the Convention. Effective tripartite consultations. The Committee notes the observations made by the Mongolian Employers’ Federation (MONEF) and the Confederation of Mongolian Trade Unions (CMTU), transmitted with the Government’s report. The Government indicates that several Conventions were examined through the National Tripartite Agreement on Labour and Social Consensus for 2013–14, including the following: the Protection of Wages Convention, 1949 (No. 95); the Safety and Health in Construction Convention, 1988 (No. 167); the Safety and Health in Mines Convention, 1995 (No. 176); and the Safety and Health in Agriculture Convention, 2001 (No. 184). The Government adds that relevant organizations were charged with the responsibility to ensure implementation of the Labour Inspection Convention, 1947 (No. 81); the Labour Relations (Public Service) Convention, 1978 (No. 151); the Occupational Health Services Convention, 1985 (No. 161); and the Maternity Protection Convention, 2000 (No. 183). The Committee notes that a working group comprised of representatives of government, MONEF, the CMTU and non-governmental organizations was established to examine the possibility of ratification of Convention No. 176. It notes that the ILO is assisting the Government with a study to verify the compliance of national legislation with Convention No. 176. A draft law on the ratification of Convention No. 176 is being developed by the working group. Moreover, the Committee notes that consultations are ongoing concerning the examination of the possibility of ratification of Conventions Nos 167 and 183. The CMTU is of the view that, although the tripartite working group is now operational, in recent years it has not been active and therefore the requirement of holding consultations at least once a year (Article 5(2)) was not met. In the opinion of the CMTU, the inadequate implementation of Convention No. 144 is an obstacle to the effective implementation of other ILO Conventions and causes delays in the ratification of Conventions. The CMTU adds that consultations have been held since 2008 concerning Conventions Nos 95 and 183 without any decision being reached on this matter. Taking into account the observations of the social partners, the Committee requests the Government to provide information on the measures taken to strengthen the existing procedures and to ensure effective tripartite consultations on all matters set out in Article 5(1). It also requests the Government to include information on the content and outcome of the consultations held on the matters concerning international labour standards covered by the Convention, including on the progress made towards ratification of the abovementioned Conventions.