Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 138) sur l'âge minimum, 1973 - Mongolie (Ratification: 2002)

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Article 1 of the Convention. National policy and application of the Convention in practice. The Committee notes the Government’s information on the implementation of the National Programme for the Development and Protection of Children for 2017–21, communicated in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182). Achievements include the adoption of a decree pursuant to which enterprises are implementing child-friendly policies, such as day care options or parents’ councils, and several training initiatives on child labour either aimed at empowering children and parents or benefiting labour or state inspectors and crime prevention officials. The Committee also takes note of the Government’s information that, in 2019, it expanded the coverage of the “Child Money Programme”, which contributes to income poverty reduction. In 2021, the programme covered a total of 1.2 million children.

The Committee notes that, in the framework of the EU-funded ILO Trade for Decent Work (T4DW) project, both a qualitative (2022) and a quantitative (2021–22) studies on child labour were conducted. According to these studies, 207,951 children aged 5–17 years were engaged in economic activities, representing approximately 24.3 per cent of the total population of children of this age. Of these children, 138,500 (16 per cent of all children) were found to be in situations of child labour: 78,268 were aged 5 to 12 years; 2,049 were aged 13–14 years and working 14 hours or more per week; and 58,183 were in hazardous work. The quantitative study reveals that children in child labour are mostly found in the agricultural sector and rural areas fetching water and gathering firewood. The qualitative study reveals that parents of children in hazardous work are often not aware of the conditions in which their children are found working, and that the most common hazards reported include exhaustion, heavy lifting, extreme temperatures, and injuries. The Committee therefore encourages the Government to redouble its efforts, in collaboration with the social partners, for the elimination of child labour in all sectors, and requests it to provide information on the progress made in this regard and the results achieved. The Committee also requests the Government to continue providing updated information on the nature, extent and trends of child labour in the country, especially in the agricultural sector.

Article 2(1). Scope of application. Informal economy. Regarding the Committee’s previous request that the Government modify its draft Labour Law to ensure that the protections provided are extended to children working outside of an employment relationship, the Committee notes with interest that the scope of application of the revised Labour Law of 2021 has been extended to employment relations beyond the formal economy. The revised Labour Law provides that all workers in the formal and informal economy, job seekers and trainees at work including self-employed, herders, members of a partnership or a cooperative, apprentice and interns shall enjoy the basic rights set out in section 5.1, which includes the prohibition of child labour and elimination of the worst forms of child labour. It further provides that a state labour inspector is obliged to supervise and ensure compliance with labour law provisions on the employment of minors (section 162.3.1), while guaranteeing labour inspectors’ power to freely access enterprises, organizations and workplaces that are subject to inspection without prior notice (section 162.2.1) and supervise the employment conditions of employees in the formal and informal economy (section 162.2.7).

The Committee further notes the Government’s information that, following the adoption of the revised Labour Law, public awareness-raising and training of relevant civil servants, including child protection and labour inspectors, employers and trade union representatives were conducted with the support of the ILO, benefiting 1,092 officials in 2021. The Committee also takes note of the information provided by the Government in its report under Convention No. 182 regarding the inspections carried out by inspection and investigation agencies. It notes in particular that, from May to November 2022, joint inspections organized for early identification and prevention revealed 14 children found engaging in child labour, who then received child protection services. The Committee requests the Government to continue its efforts to strengthen the labour inspection services to enable them to effectively monitor and detect cases of child labour, including children working on their own account or in the informal economy, including in agriculture. It also requests the Government to continue providing information on the number and nature of violations found related to child labour, including in the informal economy.

Article 2(3). Age of completion of compulsory schooling. Following its previous comments, the Committee notes the Government’s indication that the revised Labour Law has not established a link between the minimum age for admission to employment and the age of completion of compulsory schooling. While section 142.1 of the revised Labour Law sets the minimum age for employment at 15, in line with Mongolia’s specified minimum age for work and employment, the Law on Education, 2002, provides that the age of completion of compulsory basic education is 16 years (section 46.2.3). On the other hand, the Law on Primary and Secondary Education, 2002, sets the length of compulsory education at nine years, starting from the age of six (sections 7.2 and 12.4). This would make education compulsory up to the age of 15 years. The Committee once again recalls that, pursuant to Article 2(3) of the Convention, the minimum age for admission to employment (currently 15 years) should not be lower than the age of completion of compulsory schooling. The Committee requests the Government to take measures to ensure that the age of completion of compulsory schooling is harmonized throughout its national legislation. If the age for completion of compulsory schooling retained is higher than 15 years, the Committee requests the Government to raise the minimum age for admission to employment or work accordingly.

Article 7(1) and (3). Light work and determination of light work activities. Following its previous comments, the Committee notes with satisfaction that the revised Labour Law regulates light work by permitting children aged 13 and above to engage in light work with the consent of their legal representatives, and provided that such work does not negatively affect the child’s health, growth and development or hinder their education (section 142.3). Moreover, pursuant to section 142.4 of the revised Labour Law, the Ministry of Labour and Social Protection has defined the types and conditions of light work permissible for children aged 13 years or above by Order of the Minister for Labour and Social Protection No. A/123 dated 10 June 2022, with the support of the ILO T4DW project.

Article 8. Artistic performances. The Committee notes with satisfaction that the revised Labour Law provides that a person under the age of 15 years may only be employed in artistic performances, sports and advertisements with an individual permit issued by a child rights inspector and based on the written consent of the child’s legal representatives (parents, guardian), hours of work and other conditions of employment (section 142.5). Moreover, new amendments to the Law on Child Protection provide that a child’s participation in cultural and sports events, artistic performances and sports competitions must be in circumstances where the child’s growth, development, health and moral development are not negatively affected (section 9.1); and require measures to not interrupt the child’s schooling and address any learning gaps resulted from such participation (section 9.2).

Article 9(3). Keeping of registers. Following its previous comments, the Committee notes with satisfaction that section 142.6 of the revised Labour Law requires an employer to keep a register of employees under the age of 18 years by recording their parent’s names, and their first name, date of birth, assigned duties, expected duration of employment and conditions of work; and to notify respective local government bodies in charge of labour issues and labour inspection within 10 days from the date of establishing such employment relationship.

The Committee is raising other matters in a request addressed directly to the Government.