Ulaanbaatar 2013

Mongolia Compact Gender Summary Report: Best Practices And Lessons LearnedAnnex 4: Amendment to Internal Labor Regulations for RoadContractors on Sexual HarassmentRationaleThe international practice shows that sectors like road, construction, army, police and educationalsectors have high risk of sexual harassment 14 incidents. The same risk exists in Mongolia as well. Tomitigate the risk in Road project, MCA-Mongolia, all contractors shall bear responsibility and dutytowards securing the rights of the workers through approving appropriate policy and regulation onprotection of sexual harassment incidents at work place and ensure the implementations of thosepolicy and regulations. Different types of concerns associated with gender equality and gender-basedviolence are reflected in the Mongolian laws, namely, the Constitution of Mongolia, Labor law, Lawon occupational health and safety, and the Law on promotion of gender equality of Mongolia.PurposePurpose of this regulation is to create a sexual harassment free working environment for all employeesby ensuring a safe of the workers while workers are on full time or and/or in a temporary basis.Application of the regulationAll employees including of part-time, temporary or/and full time workers of the three contractors shallbe properly informed and educated about, as well as held accountable for adhering to this Amendmentto their respective Internal Labour Regulations.One. Rights and Duties of the Employer(s) and Employee(s)Responsibilities and Duties of the Employer(s):1. A human resource specialist of the Contractor has the responsibility to introduce the regulation toall workers. The site manager and the employee both have to sign for documentation purposes,which will be used for resolution of any disputes that may arise during the tenure.2. The employer shall be responsible for conducting training on sexual harassment for all employeesto improve understanding and prevent from potential cases.3. The employer shall bear a responsibility to foster the sexual harassment free environment.4. The employ is responsible for communicating clearly to the employees the grievance channelsand reporting procedures in case of any incidents.5. Employer shall be obliged to ensure that people in supervisory positions do not engage in, allow,or in any way inhibit the reporting of sexual harassment.6. If necessary, the employer shall have a proper protective action such as isolation of victim from aperpetrator.7. Confidentiality:7.1. Employer shall be responsible for ensuring that persons with a sexual harassment grievanceare treated with respect and concern for their privacy and well-being in the workplace.7.2. Personal information revealed in the course of the court procedure on sexual harassment shallbe regarded as confidential and is subject to protection under the Law on PersonalConfidentiality (Gender law, provision 24.4).7.3. In case of such incidence, the employer has a duty to ensure a confidentiality of the incidenceand provide a support to find an appropriate professional counseling and consultancy service fromthe government and/or non-governmental organizations.8. If an employee of a public agency, economic entity or organization commits an act of genderdiscrimination in a workplace, the employer shall also be held liable (Gender law, provision 23.3).9. To ensure sufficient oversight of the workplace and associated locations such as work camps.14 For terminology, please refer to the Notes below76Page 76 of 80