Үйлдвэрчний эвлэл

Эвсэл холбоо байгуулах эрх чөлөө

The Constitution guarantees the right to freedom of association in public organizations on the basis of social and personal interests and conviction. These organizations must uphold the public order and State security, and respect and enforce the law. Discrimination and persecution of a person for joining an association or for being their member is prohibited.

Citizens are entitled to join a trade union without a prior permission, solely on a voluntarily basis, without any discrimination whatsoever to exercise their right to work and defend their legitimate interests concerned. There is no compulsion to join or leave a trade union and the restriction of citizens’ rights on the freedom to form or join trade unions or discrimination against them on the basis of their being a member or non-member of a union is prohibited.

Source: §16 of the Constitution of Mongolia 1992; §3 of the Mongolian Law on Trade Union Rights, 1991

Хамтын хэлэлцээр хийх эрх чөлөө

Collective bargaining is regulated under the Labor Code. Trade unions have the right to negotiate with the employer to conclude collective agreements and monitor their implementation. Trade unions are further empowered to represent and defend the interests of their members at labour dispute settlement institutions.

Collective agreement is defined as an agreement between an employer and workers/trade union ensuring the right to employment and related legitimate interests of all employee on more favourable terms than those guaranteed under the law and provide for matters not specifically regulated by the Labour Code.  Labour Code defines collective bargain as an agreement between employers and employee representatives at the national or regional level or sectoral level.

Employer or relevant state authority is required to provide all required information to employee representative enabling them to negotiate effectively. Parties to a collective agreement are required to exchange all information on monitoring the performance of a collective agreement. Any party may propose to negotiate or amend a collective agreement by informing the other party in writing.

A collective agreement is applicable to all parties participating in negotiations. A collective agreement may be concluded for a period of one year or longer while collective bargain may be concluded for a period two years. A collective agreement or collective bargain is effective only once it has been registered with the relevant government authority within 10 days of its conclusion (Office of the Governor).

Source: §3 & 8-20 of the Mongolian Labour Code, 1999; §5 of the Mongolian Law on Trade Union Rights, 1991

Ажил хаялт

Under the Constitution, freedom of thought, opinion and expression, speech, press, and peaceful assembly are guaranteed.

Labour Code defines strike as “an action of employees whereby they voluntarily stop work, completely or partially for a definite period of time with the purpose of resolving a collective labour dispute”. Strikes are organized by employee representatives.

Employment of a worker is secure during a lawfully organized strike. An employee can participate in strikes voluntarily but cannot be compelled to participate in a strike, or to not participate in a strike, or to continue a strike, or to stop a strike, except as otherwise provided by law.

Employee representatives have the right to start strike in the following cases: if an employer fails to participate in the reconciliation procedure as provided in the law; if an employer fails to comply with a settlement reached with the participation of an intermediary; if an employer fails to fulfill their own decision based on acceptance of a recommendation of the labour arbitration court; and where even though the collective labour dispute was considered by the labour arbitration court, no decision was issued to accept its recommendation.

A decision to strike will be made at a meeting of the organization representing and protecting employees’ rights and legitimate interests, or a general meeting of employees. A strike may be announced if a majority (more than a half) of participants attending the meeting approve the proposal to strike. The following matters are included in the decision to strike:

  • the issue that has caused the strike;
  • date and time of commencement of the strike, its proposed duration, and a preliminary estimate of the number of participants;
  • the name(s) of the person(s) in charge of organizing and coordinating the strike, and the composition of the representatives of the employees who will participate in the settlement;
  • List of steps to ensure the health and safety of people during the strike.

A notice of intention to strike must be delivered to the employer at least five working days prior to commencement of strike. If an employer deems that the employees’ demands are not acceptable, it may temporarily deny access to the workplace for employees participating in the strike (lockout). In order to prevent an employer from temporarily employing other employees at the workplace during a strike, representatives of the employees may temporarily deny access to the workplace (picket). Strikes are prohibited in organziations charged with the responsibility of state defence, national security and public order. Strikes are prohibited when a collective dispute is being settled or is being examined by a court or intermediary. If there is threat to human life and health, strikes can be postponed or suspended for 30-day period. For public utility services (water, heating, electricity, transportation, etc.), strikes may be postponed by government order for 14 days.

Source: §16 of the Constitution of Mongolia 1992; §3, 35, 116-124 of the Mongolian Labour Code, 1999

Үйлдвэрчний эвлэлийн талаарх зохицуулалтууд:

  • 496002
  • 496010
  • 496016
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