ID :
114151
Tue, 03/30/2010 - 16:07
Auther :
Shortlink :
https://oananews.org//node/114151
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HUMAN RIGHTS REPORT OF MONGOLIA FOR 2009
Ulaanbaatar,/MONTSAME/
c. 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 250 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.
d. Prohibition of Child Labor and Minimum Age for Employment
The law prohibits children under the age of 16 from working, although those who are 14 or 15 years of age may work up to 30 hours per week with parental consent. Those under age 18 may not work at night, engage in arduous work, or work in hazardous occupations such as mining and construction. Labor inspectors assigned to regional and local offices were responsible for enforcement of these prohibitions as well as all other labor regulations. Inspectors have the authority to compel immediate compliance with labor legislation, but enforcement was limited, due to the small number of labor inspectors and the growing number of independent enterprises.
Children worked informally in petty trade, scavenging in dumpsites, in unauthorized small-scale mining, and herding animals. Widespread alcoholism and parental abandonment made it necessary for many children to have an income to support themselves. The NCC placed the number of children in the labor force as high as 77,000, although up to 90 percent of these children were involved in traditional animal husbandry, while only 1 percent was estimated to be involved in mining.
International organizations continued to voice concern over child jockeys in horseracing. According to NHRC reports, more than 30,000 child jockeys competed in horse races each year. Children commonly learn to ride horses at age four or five, and young children traditionally serve as jockeys during the national Naadam festival, where horse races range from two to nearly 20 miles. The state bans child jockey racing during the coldest period (October 18 through February 13) and enacted regulations regarding headwear. Nonetheless, in practice very few child jockeys used helmets.
e. Acceptable Conditions of Work
The legal minimum wage was 108,000 tugrik per month (approximately $75). This minimum wage, which applied to both public and private sector workers and was enforced by the Labor Ministry, did not provide a decent standard of living for a worker and family. Some workers received less than the minimum wage, particularly at smaller companies in rural areas. The minimum wage is reset annually by the Ministry of Social Welfare and Labor in consultation with trade union representatives and employers.
The standard legal workweek is 40 hours, and there is a minimum rest period of 48 hours between workweeks. For persons 14 and 15 years of age, the workweek is 30 hours; for those 16 and 17 years of age, it is 36 hours. By law overtime work is compensated at either double the standard hourly rate or by giving time off equal to the number of hours of overtime worked. Pregnant women and nursing mothers are prohibited from working overtime by law. These laws generally were enforced in practice.
There is no law mandating sick leave for workers. According to the government, employers set their own rules in this regard.
Laws on labor, cooperatives, and enterprises set occupational health and safety standards; however, enforcement of the standards was inadequate. The Ministry of Social Welfare and Labor had an insufficient number of labor standards inspectors according to the Mongolian Confederation of Trade Unions (MCTU). Inspections were conducted both proactively and in response to complaints filed. An MCTU representative stated that fines leveled against companies not complying with labor standards were insufficient in many cases to induce management to resolve problems cited by inspectors. The near-total reliance on outmoded machinery and problems with maintenance and management led to frequent industrial accidents, particularly in the construction, mining, and power sectors. According to the MCTU, there were 53 deaths and 366 injuries during the year, significantly lower than the 162 deaths and 491 injuries reported for 2008. Workers have the right to remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities enforced this right.
Foreign workers, a majority of whom were Chinese mining and construction workers, generally enjoyed the same protections as citizens, despite often working in low-wage jobs and living under Spartan conditions. However, the Ministry of Social Welfare and Labor did not monitor the working or living conditions of North Korean laborers, who were employed primarily in the construction and service industries.
B.Khuder
c. 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 250 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.
d. Prohibition of Child Labor and Minimum Age for Employment
The law prohibits children under the age of 16 from working, although those who are 14 or 15 years of age may work up to 30 hours per week with parental consent. Those under age 18 may not work at night, engage in arduous work, or work in hazardous occupations such as mining and construction. Labor inspectors assigned to regional and local offices were responsible for enforcement of these prohibitions as well as all other labor regulations. Inspectors have the authority to compel immediate compliance with labor legislation, but enforcement was limited, due to the small number of labor inspectors and the growing number of independent enterprises.
Children worked informally in petty trade, scavenging in dumpsites, in unauthorized small-scale mining, and herding animals. Widespread alcoholism and parental abandonment made it necessary for many children to have an income to support themselves. The NCC placed the number of children in the labor force as high as 77,000, although up to 90 percent of these children were involved in traditional animal husbandry, while only 1 percent was estimated to be involved in mining.
International organizations continued to voice concern over child jockeys in horseracing. According to NHRC reports, more than 30,000 child jockeys competed in horse races each year. Children commonly learn to ride horses at age four or five, and young children traditionally serve as jockeys during the national Naadam festival, where horse races range from two to nearly 20 miles. The state bans child jockey racing during the coldest period (October 18 through February 13) and enacted regulations regarding headwear. Nonetheless, in practice very few child jockeys used helmets.
e. Acceptable Conditions of Work
The legal minimum wage was 108,000 tugrik per month (approximately $75). This minimum wage, which applied to both public and private sector workers and was enforced by the Labor Ministry, did not provide a decent standard of living for a worker and family. Some workers received less than the minimum wage, particularly at smaller companies in rural areas. The minimum wage is reset annually by the Ministry of Social Welfare and Labor in consultation with trade union representatives and employers.
The standard legal workweek is 40 hours, and there is a minimum rest period of 48 hours between workweeks. For persons 14 and 15 years of age, the workweek is 30 hours; for those 16 and 17 years of age, it is 36 hours. By law overtime work is compensated at either double the standard hourly rate or by giving time off equal to the number of hours of overtime worked. Pregnant women and nursing mothers are prohibited from working overtime by law. These laws generally were enforced in practice.
There is no law mandating sick leave for workers. According to the government, employers set their own rules in this regard.
Laws on labor, cooperatives, and enterprises set occupational health and safety standards; however, enforcement of the standards was inadequate. The Ministry of Social Welfare and Labor had an insufficient number of labor standards inspectors according to the Mongolian Confederation of Trade Unions (MCTU). Inspections were conducted both proactively and in response to complaints filed. An MCTU representative stated that fines leveled against companies not complying with labor standards were insufficient in many cases to induce management to resolve problems cited by inspectors. The near-total reliance on outmoded machinery and problems with maintenance and management led to frequent industrial accidents, particularly in the construction, mining, and power sectors. According to the MCTU, there were 53 deaths and 366 injuries during the year, significantly lower than the 162 deaths and 491 injuries reported for 2008. Workers have the right to remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities enforced this right.
Foreign workers, a majority of whom were Chinese mining and construction workers, generally enjoyed the same protections as citizens, despite often working in low-wage jobs and living under Spartan conditions. However, the Ministry of Social Welfare and Labor did not monitor the working or living conditions of North Korean laborers, who were employed primarily in the construction and service industries.
B.Khuder
