Commission makes orders to address labour rights violations

A team from the National Human Rights Commission of Mongolia, headed by Commissioner Ganbayar Nanzad, has conducted an inquiry into the activities of "Sain" Lombard

The inquiry, conducted on 11 January 2018, came in response to a complaint alleging violations of labour rights.

Based on the findings of the inquiry, Commissioner Ganbayar Nanzad made the following orders:

• Specific provisions of internal rules of the company concerned indicated a disciplinary punishment. However, any disciplinary punishment can be undertaken only in accordance with the Labour Code of Mongolia. Therefore the Commissioner demanded the employer to revoke these provisions.

• The company concerned asks new employees to be involved in an apprentice training program, which costs 550.000 MNT, to gain their knowledge and experiences in loan on pawn. If employees, who have participated in the training, leave their workplace within 5 years, they are required to compensate the training cost of 550.000 MNT, as stated in the internal rules of the company. However, the company does not give any professional certificates to those who have participated in the training as the training is not accredited by any professional organization. Therefore, these rules have violated the Labour Code and the Commissioner demanded the employer to revoke this provision.

• The company has not kept the record of payment of pre-tax income on the social and health insurance books of employees in November and December 2017. Furthermore, the company did not keep the record of hiring an employee in his/her social insurance book, which is a violation of the Labour Code. Therefore, the company shall keep the payment record on both social and health insurance books on a monthly basis.

• The inquiry revealed that the company has made requirements of employees that constitute forced labour, according to the ILO Convention 29 and to which Mongolia is a party. For example, the employer confiscated the original version of tertiary education diplomas when hiring employees. Therefore, the company should return the diplomas to the seven employees and refrain from this action in the future.

The company was requested to respond to the Commission within seven days on the steps they have taken to address these violations of labour rights.

Date: 6 February 2018

Source: National Human Rights Commission of Mongolia