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Interregional trade union trainings on trade union strategies on International Labour Standards and labour law 11/07/ /07/2016 Turin ,Italy Amgalan Enebish Legal Specialist, CMTU Mongolia
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CMTU is the only Trade Union organization in Mongolia represents 450
CMTU is the only Trade Union organization in Mongolia represents workers in Mongolia .
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Trade union movement was established in 1917 and the national centre was established in 1927
Next year we will celebrate our 90 and 100 years anniversary. Affiliated to the ICFTU in 1994 and one of the founding organization of ITUC and ITUC-AP There are 36 affiliated unions in CMTU, 22 territorial and 14 industrial unions which have close cooperation with Global Union Federations such as EI, PSI, IndustriALL, BWI etc. Bilateral cooperation with JTUC-Rengo Japan, FKTU Korea, FNPR Russia and Denmark (LO/FTF).
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Mongolia has ratified 20 ILO conventions including 8 core labour conventions.
Fundamental C029 - Forced Labour Convention, 1930 (No. 29) C087 - Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) C098 - Right to Organise and Collective Bargaining Convention, 1949 (No. 98) C100 - Equal Remuneration Convention, 1951 (No. 100) C105 - Abolition of Forced Labour Convention, 1957 (No. 105) C111 - Discrimination (Employment and Occupation) Convention, 1958 (No. 111) C138 - Minimum Age Convention, 1973 (No. 138) Minimum age specified: 15 years C182 - Worst Forms of Child Labour Convention, 1999 (No. 182)
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C059 - Minimum Age (Industry) Convention (Revised), 1937 (No. 59)
Governance (Priority) C122 - Employment Policy Convention, 1964 (No. 122) C144 - Tripartite Consultation (International Labour Standards) Technical C059 - Minimum Age (Industry) Convention (Revised), 1937 (No. 59) C103 - Maternity Protection Convention (Revised), 1952 (No. 103) C123 - Minimum Age (Underground Work) Convention, 1965 (No. 123)Minimum age specified: 18 years C135 - Workers' Representatives Convention, 1971 (No. 135) C155 - Occupational Safety and Health Convention, 1981 (No. 155) C159 - Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159)
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Labour Law reform is under discussion and will be the agenda of newly formed Parliament session in Autumn 2016. Current labour Law adopted in 1999 and due to change of labour market, it is need to be revised. The labour law reform issue is under discussion and all social parties are developing their own version of labour laws and in coming National agreement on labour and social consensus, the issue would be discussed and consolidated. CMTU in cooperation of Fridrich Ebert Stiftung FES has developed its own version of labour law and has distributed the draft to all trade union organizations for accepting of comments.
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Labour dispute: Individual dispute 3.1.8.“an individual labour dispute” means a dispute between the parties to an employment contract concerning labour rights and related legitimate interests; Collective dispute “a collective labour dispute” means a dispute involving the parties to a collective agreement or bargaining concerning the negotiation, implementation, monitoring or supervision of such collective agreement or bargaining;
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Regulation on Labour dispute settlement
Labour law Law on Government service Law on OSH Minimum wage law other related
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MANAGEMENT AND STRUCTURE OF INDIVIDUAL LABOUR DISPUTE SETTLEMENT
Commission on labour dispute settlement: - Labour disputes to be resolved by the Labour Dispute Settlement Commission Individual labour disputes shall be resolved by the the courts, within their respective jurisdictions.
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Types of labour dispute:
Illegal dismissal Salary Pension & benefits Compensation Employment contract & internal labour regulation Employees’ meal and travel expenses Holiday & over time Occupational safety and Health
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Difficulties and challanges:
Insufficient implementation of law Lack of activity of labour dispute settlement commission To reform system of labour dispute settlement: -To create system on settlement which is Labour disputes to be resolved by the Labour Dispute Settlement Committee To create legal environment of labour dispute settlement -Compensation for damage caused by industrial accidents, or occupational diseases -Implementation of Government service law To revise legislation related on labour relation /by activity programme of Government between /
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Thank you for your attention
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