ID :
179388
Mon, 05/02/2011 - 16:21
Auther :
Shortlink :
https://oananews.org//node/179388
The shortlink copeid
HUMAN RIGHTS REPORT
Ulaanbaatar, Mongolia, /MONTSAME/
(continuation)
The Right of Association
The law entitles workers to form or join independent unions and professional organizations of their choosing without previous authorization or excessive requirements, and the government respected this right in practice. However, some legal provisions restrict these rights for groups such as foreign workers, public servants, and workers without employment contracts.
Union officials estimated union membership of salaried individuals remained constant. No arbitrary restrictions limited who could be a union official, and officers were elected by secret ballot.
The law provides for the right to strike. The Confederation of Mongolian Trade Unions (CMTU) reported that university administrators used pressure and threats to prevent the formation of unions among lecturers. The Federation of Mongolian Education and Science Unions also reported police harassment during an April 1 protest before Government House. Furthermore, a union leader for teachers in School 75 of Khan-Uul District was fired for leading a one-day strike in April.
The government prohibits third parties from organizing a strike. Persons employed in essential services, which the government defines as occupations critical for national defense and safety and including police, utility, and transportation, do not have the right to strike. The list of essential services appeared to comply with International Labor Organization guidelines.
The Right to Organize and Bargain Collectively
Laws protect collective bargaining, and these were effectively enforced. The law regulates relations among employers, employees, trade unions, and the government. The government's role is limited to ensuring that contracts meet legal requirements concerning hours and conditions of work. Wages and other conditions of employment are set between employers, whether state or private, and employees, with trade union input in some cases. The tripartite Labor Dispute Settlement Committee resolves disputes between workers and management. The government does not allow intervention in collective bargaining by third parties.
The law protects the right of workers to participate in trade union activities without discrimination, and the government protected this right in general. Nevertheless, the administration failed to enforce a 2009 court order requiring the compensation and rehiring of striking Aero Mongolia mechanics. After the Supreme Court ruled against it, Aero-Mongolia filed a new case during the year claiming the union to be illegal. The case remained on appeal at year's end. The fired mechanics reported being blacklisted as a result of their union activities. There are no export processing zones.
Prohibition of Forced or Compulsory Labor
The law specifically prohibits forced or compulsory labor, including by children; however, there were isolated reports that such practices occurred. The NHRC stated that military officials reportedly subjected subordinates to forced labor, such as cutting firewood, digging ditches, or working at construction sites owned by the superiors' friends or relatives.
An estimated 524 North Korean laborers were employed in the fields of mining, factory work, utilities, transportation, construction, customer service, and health. There was concern that some North Korean workers were not free to leave their employment or complain about unacceptable work conditions.
(to be continued)
(continuation)
The Right of Association
The law entitles workers to form or join independent unions and professional organizations of their choosing without previous authorization or excessive requirements, and the government respected this right in practice. However, some legal provisions restrict these rights for groups such as foreign workers, public servants, and workers without employment contracts.
Union officials estimated union membership of salaried individuals remained constant. No arbitrary restrictions limited who could be a union official, and officers were elected by secret ballot.
The law provides for the right to strike. The Confederation of Mongolian Trade Unions (CMTU) reported that university administrators used pressure and threats to prevent the formation of unions among lecturers. The Federation of Mongolian Education and Science Unions also reported police harassment during an April 1 protest before Government House. Furthermore, a union leader for teachers in School 75 of Khan-Uul District was fired for leading a one-day strike in April.
The government prohibits third parties from organizing a strike. Persons employed in essential services, which the government defines as occupations critical for national defense and safety and including police, utility, and transportation, do not have the right to strike. The list of essential services appeared to comply with International Labor Organization guidelines.
The Right to Organize and Bargain Collectively
Laws protect collective bargaining, and these were effectively enforced. The law regulates relations among employers, employees, trade unions, and the government. The government's role is limited to ensuring that contracts meet legal requirements concerning hours and conditions of work. Wages and other conditions of employment are set between employers, whether state or private, and employees, with trade union input in some cases. The tripartite Labor Dispute Settlement Committee resolves disputes between workers and management. The government does not allow intervention in collective bargaining by third parties.
The law protects the right of workers to participate in trade union activities without discrimination, and the government protected this right in general. Nevertheless, the administration failed to enforce a 2009 court order requiring the compensation and rehiring of striking Aero Mongolia mechanics. After the Supreme Court ruled against it, Aero-Mongolia filed a new case during the year claiming the union to be illegal. The case remained on appeal at year's end. The fired mechanics reported being blacklisted as a result of their union activities. There are no export processing zones.
Prohibition of Forced or Compulsory Labor
The law specifically prohibits forced or compulsory labor, including by children; however, there were isolated reports that such practices occurred. The NHRC stated that military officials reportedly subjected subordinates to forced labor, such as cutting firewood, digging ditches, or working at construction sites owned by the superiors' friends or relatives.
An estimated 524 North Korean laborers were employed in the fields of mining, factory work, utilities, transportation, construction, customer service, and health. There was concern that some North Korean workers were not free to leave their employment or complain about unacceptable work conditions.
(to be continued)
