Ulaanbaatar 2013

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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
Mongolia Compact Gender Summary Report: Best Practices And Lessons Learned10. In case of grievance, the employer shall take the disciplinary actions stated below in a sectiontwo: Referral/Reporting Procedure of the Incidents (item nr.3).Rights and Duties of the Employee(s):1. All workers shall be responsible for not engaging in or tolerating sexual harassment.2. An employee has an obligation to comply with this regulation through avoiding any misconductof sexual harassment.3. An employee must attend educational and awareness raising sessions on prevention from sexualharassment organized by the employer.4. An employee has the right to demand from the employer to create sexual harassment free workingenvironment.5. An employee has the right to be informed and protected from any forms of sexual harassment.6. In case of sexual harassment incidence was disclosed and it has affected employee‟ reputation, theemployee has the right to file a complaint according to the applicable laws of Mongolia.7. In case of grievance, an employee has a right to lodge a complaint through optional ways notedbelow in a section two: Referral/Reporting Procedure of the Incidents without fear of losing theirjob for doing so.Two. Referral /Reporting Procedure of the IncidentsIn accordance with the Law on promotion of Gender Equality and the Labour Law of Mongolia,In case of grievance, Jiangxi/Halla employee has a right to lodge a complaint through followingoptions:Option 1: Ms. Altanchimeg. B, social expert of HPM and Ms. Tsolmon. B, Deputy Officer forEnvironmental and Social Impact, ESA unit, MCA-MongoliaOption 2: The National Human Rights Commission of MongoliaFollow-up disciplinary actions:1. Upon receipt of a complaint, an Ad Hoc Committee shall be established that is composed of thefollowing persons:1. Mr. Odgarig Z., Lawyer-Complaint Resolution Manager, MCA-Mongolia2. Ms. Tsolmon B., Deputy Officer for Environmental and Social Impact, MCA-Mongolia3. Ms. Altanchimeg B., HPM social expert, Road project2. The Ad Hoc Committee shall be committed to an independent investigation. Upon completion ofthe investigation (including meeting with a victim), the committee shall require from a relevantproject manager to take a disciplinary action following the Law on promotion of gender equalityconcerning workplace sexual harassment.3. According to the Labour Law of Mongolia (article 134) and the Law on promotion of genderequality, the project manager shall undertake one of three-staged disciplinary actions listed below(depending on the nature/seriousness of the complaint, the disciplinary action may differ):3.1. Give a warning to a perpetrator. And require from the perpetrator to ask forgiveness from avictim.3.2. To deduct a remuneration/wage of the perpetrator by up to 20% for up to three months(Labour law, provision 131.1.2., Amendment, 22 May 2003).3.3. To terminate a contract with a worker who violated a code of conduct rule (i.e. sexualharassment).In case of grievance, HPM staff has a right to lodge a complaint through following options:Option 1: Ms. Altanchimeg. B, social expert of HPM and Ms. Tsolmon. B, Deputy Officer forEnvironmental and Social Impact, ESA unit, MCA-MongoliaOption 2: The National Human Rights Commission of MongoliaPage 77 of 8077
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