Ulaanbaatar 2013

Mongolia Compact Gender Summary Report: Best Practices And Lessons LearnedFollow-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).Three. Awareness raising on sexual harassmentAs it is stipulated in the Law on promotion of gender equality (provision 11.4.2.), the employer shalltake the following measures: “design and conduct a program on training and retraining gearedtoward creating a working environment free from sexual harassment, and report on its impact in atransparent manner.” Accordingly, to educate all employees about this regulation, the followingactions should be taken:As for HPM:A learning session on TIP (including sexual and labour exploitation), workplace sexual harassment,HIV/AIDS and STIs should be conducted for all workers by HPM social expert. Both Halla andJiangxi‟s social specialists will attend the training.As for Jiangxi and Halla:The HPM social expert together with social specialists of Jiangxi and Halla are expected to raiseawareness among their respective workforce by conducting a learning session on TIP and sexualharassment for the workers who were not trained last year. In addition, training on sexual harassmentshould be conducted by the HPM social expert for all workers, using content and substance of trainingmaterials that are satisfactory to MCA-Mongolia and MCC.Notes: Terminology interpretationAccording to the Article 4.1.7 of the Mongolian Law on promotion of Gender Equality: “sexualharassment” is an unwelcomed sexual request/expression by verbal, physical and/or other forms,intimidation, threat and/or other forms of coercion that makes sexual intercourse an unavoidableoption for the victim or that creates an unbearable hostile environment and/or causes damage in termsof the person‟s employment, professional, economic, psychological and/or any other acts and enacts.78MCC defines sexual harassment as:• Any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sexaffecting the dignity of women and men, which is unwelcome, unreasonable and offensive to therecipient.• Where a person‟s rejection of, or submission to, such conduct is used explicitly or implicitly as abasis for a decision which affects that person‟s job.• Conduct that creates an intimidating, hostile or humiliating working environment for therecipient.Page 78 of 80