Mongolia - 2011

Population:
Capital: Ulan Bator

reported violations - 2011

Murders: none reported
Attempted Murders: none reported
Threats: none reported
Injuries: none reported
Arrests: none reported
Imprisonments: none reported
Dismissals: none reported
Documented violations - actual number of cases may be higher

Background

Accelerated development in Mongolia over recent years along with a rapid increase in foreign investment has led to improved infrastructure and the growth in large mineral and power plants. However, trade unions are facing increased pressure from privatisation as the government and employers are attempting to create a more “flexible” labour market. Public concern has grown over the lack of visible benefits for the public from major mining deals, leading to several protests in 2010. Mongolian journalists are reportedly facing increased levels of repression. Some 3,000 school and university teachers protested in April over low wages while on 8 April some 4,000 medical workers demonstrated in front of Health Ministry to call for salary increases.

Trade union rights in law

Although basic trade union rights are protected, there are a number of areas of concern. Freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework
is guaranteed in the Constitution, the Labour Code and in labour laws, but is only extended to “citizens”. The laws also fail to guarantee trade union rights to the government’s administrative employees. Furthermore, while the right to collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
is secured, the government may participate in the bargaining at all levels, and only certain items can be bargained upon at each specific level. All collective disputes are also subject to a compulsory conciliation conciliation An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.

See arbitration, mediation
procedure. While the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
is recognised, it can only be practised in connection with collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
, and only when the dispute is not being negotiated or conciliated. A number of provisions further limit the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, including the requirement that a decision to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
be taken by a quorum of two-thirds of the membership, and that the organisers of a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
indicate the duration of the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in advance. Sympathy strikes are also prohibited.

In practice

Child labour: Child labour remains a problem and sources suggest that some 77,000 children are forced to work to support themselves or their families. Up to 90% of these are believed to be involved in traditional animal husbandry. Many children are also involved in informal mining operations, and the average age of child miners is just 14 years. Over 30,000 children work as jockeys each year.

Violations

Strike by Mongolian Airline staff ends with dismissals:

In April a two-day strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
at MIAT Mongolian Airlines ended with the dismissal of its chief executive officers as well as the strikers. The strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
was called by some 100 ground engineering and technical inspection staff who refused to undertake pre-flight checks and instead reportedly all signed a voluntary resignation. The strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
came as a response to the employer’s statement that around two-thirds to three-quarters of the current technical inspection department would be laid off due to overstaffing and that new staff would be hired.

Another group of aviation officers at the Mongolian Civil Aviation Authority, who claimed to represent more than 1,000 workers, joined their voice in the protest demanding a management reform at the authority. The government reportedly hired South Korean staff to allow the airport to resume normal operations.

Trafficking, forced labour, and migrant workers:

Despite legislation against trafficking and forced labour, Mongolia remains a source country for trafficking, primarily of women, mostly to China and other Asian countries. Local NGOs have also reported an increase in internal sex trafficking and forced prostitution. The authorities have done little to prevent and prosecute offenders.

Mongolian law specifically prohibits forced labour but reports continue to emerge regarding the situation of some 250 North Korean workers mainly employed in mining, factory work, utilities, transportation, construction, customer service, and health service. It is believed that they are prohibited from leaving work and are unable to complain about working conditions.

There are 200,000 Chinese workers estimated to be working in Mongolia. In September, twenty Chinese workers, previously reported missing, were uncovered to have been staying without work visas and were to be repatriated. According to local media a total of 84 migrant workers from Huarong went to Mongolia through a Chinese labour agency. The first group of them, holding tourist visas, left China in mid August, and on arrival in Mongolia their passports were taken away. According to some of the workers, they were then effectively ‘bought’ by Mongolian employers for around RMB 4,000 RMB (around EUR 450) and worked as slaves. One report stated that several tens of thousands of Chinese migrant workers were being brought into Mongolia to work in the construction and mining sectors under similar circumstances.

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