Mongolia

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Mongolia’s overall score is 85 out of100. The overall score for Mongolia is greater than the regionalaverage observed across East Asia (78). Within the East Asianregion, the highest score is observed for Mongolia (85).

Mongolia ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1969 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1969.

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

Yes

1

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

Does the law allow workers to bargain collectively with employers through their representative unions?

Yes

1

§3.4 of the Mongolian Labour Code, 2021; CEACR C98 DR 2021

Does the law provide for the right to strike?

No

0

§16 of the Constitution, 1992; §26.1 of the Mongolian Labour Code, 2021

Does the law prohibit imposing of excessive sanctions against striking workers?

Yes

1

§16 of the Constitution, 1992; §26.6 & 76.2 of the Mongolian Labour Code, 2021

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link

Information

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

Information

Source: §3.4 of the Mongolian Labour Code, 2021; CEACR C98 DR 2021

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Articles 4 and 6. Right to collective bargaining of civil servants not engaged in the administration of the State. In its previous comments, the Committee had recalled that the right to collective bargaining also covered the civil servants who are not engaged in the administration of the State. Noting that according to section 3.4 of the Labour Law, labour relations of civil servants not specifically regulated by the 2018 Law on the Civil Service and other related laws shall be regulated by this Law, the Committee requests the Government to indicate how the legislation recognizes the right to collective bargaining to civil servants not employed in the administration of the State who are not covered by the labour legislation and specify the relevant legislative provisions."

Information

Source: §16 of the Constitution, 1992; §26.1 of the Mongolian Labour Code, 2021

A : National Law

National Labour Legislation

"Article 26. Declaring a strike, a temporary closure of a workplace (lockout) 26.1. A decision to declare a strike shall be taken by the management of a trade union at the relevant level following an affirmative vote by a majority at the general meeting of employees of the particular enterprise, organization, branch or unit contemplating a strike with the overwhelming majority of employees participating in a vote on whether or not to declare a strike. 26.2. A decision to declare a strike at an industry or at the national level shall be taken by the trade union association at the relevant level following an affirmative vote by a majority of member organizations of the trade union association with the overwhelming majority participating in a vote on whether or not to declare a strike. 26.3. A decision to declare a strike shall include the following: 26.3.1. the difference of opinion that led to a strike; 26.3.2. the date and time of the commencement of a strike, its scope of coverage; and 26.3.3. individuals entrusted with a duty to communicate with the employer on issues related to the organization of the strike, and the delegation of representatives who shall negotiate. 26.4. A leader of the strike shall have the duty to submit the decision to declare a strike to the employer in writing at least five working days prior to the beginning of the strike. 26.5. During a strike or during a temporary closure of a workplace, strikers may appeal in a peaceful manner to non-striking employees to join in the strike. 26.6. An employer shall be prohibited to bring in outside temporary workers to replace the strikers. 26.7. Non-striking employees shall have a right to perform their work and it shall be prohibited to impede the exercise of this right. 26.8. After the commencement of a strike, an employer may temporarily close parts or the whole of the workplace if the employer decides that the employees’ demands cannot be met (lockout). 26.9. An employer shall notify the representatives of employees in writing of the difference in opinion that led to a temporary closure of the workplace, the date and time of its beginning, and the scope of its coverage at least five days prior to the beginning of the temporary closure of the workplace. 26.10. During a strike or a temporary closure of a workplace, parties shall have a duty to take measures to amicably resolve their labour dispute. 26.11. While preparing for and during a strike or during a temporary closure of a workplace, its organizers shall take measures to maintain public order, protect the health, security and property of others, and, if necessary, provide support for the same purpose to relevant state organizations and officials."

Information

Source: §16 of the Constitution, 1992; §26.6 & 76.2 of the Mongolian Labour Code, 2021