(2023.09.16-ны орчуулга)                          Unofficial translation

LAW OF MONGOLIA

June 17, 2011               Ulaanbaatar city

on supporting the employment

/Revised edition/

chapter one

general provisions

Article 1.Purpose of the Law

1.1.The purpose of this Law is to establish the legal grounds of activities to support the employment of the population, and to regulate the relations in connection with its type, form, scope, financing, and the employment organization system.

Article 2.Legislation on supporting the employment

2.1.The legislation on supporting the employment shall consist of the Constitution of Mongolia, the Law on Labor, the General Law on Social Insurance, the Law on Labor Migration, the Law on Benefits to be provided by the Social Insurance Fund, the Law on Social Welfare, the Law on Vocational and Technical Education and Training, this Law and other legislative acts enacted in conformity with these laws.

/This paragraph was amended by the law as of December 24, 2021/

/In this paragraph, the term "On unemployment benefits to be provided by the Social Insurance Fund" was changed into the term "On benefits to be provided by the Social Insurance Fund" by the law as of July 7, 2023, and it shall enter into force on January 1, 2024/

/In this paragraph, the term "Social Insurance" was changed into the term "General Law on Social Insurance" by the law as of July 7, 2023, and it shall enter into force on January 1, 2024/

/This paragraph was amended by the law as of July 7, 2023/

2.2.If an international treaty, to which Mongolia is a party, stipulates otherwise than this Law, the provisions of the international treaty shall prevail.

Article 3.Definition of terms of the Law

3.1.The following terms used in this Law shall be understood in the following meanings:

3.1.1."job seeker" means a person who is unemployed or has a job, but is actively searching for a job to improve his working conditions and/or earn additional income, and has registered with and applied to an employment organization or labor exchange;

3.1.2."unemployed citizen" means a citizen with labor ability of working age who is unemployed, ready to work, and actively searching for a job;

3.1.3."unemployed" means not working in a political or state genuine position specified in the Law on Civil Service, as well as not performing works under a labor contract and a labor contract with special conditions specified in the Law on Labor, a hiring contract and an equivalent contract specified in Article 359 of the Civil Code, and not engaging in self-employed work or services;

/This sub-paragraph was amended by the law as of July 2, 2021/

3.1.4."ready to work" means not to refuse to enter into a labor contract, a labor contract with special conditions specified in the Law on Labor, a hiring contract or an equivalent contract specified in Article 359 of the Civil Code;

/This sub-paragraph was amended by the law as of July 2, 2021/

3.1.5."actively searching for a job" means making attempts to search for a job such  as obtaining information in regards with workplaces, addressing to the employer through job vacancies and websites, putting advertisement via information board of the public service places and means of press and media and others upon registering at the aimags, the Capital city, or district organizations in charge of employment affairs or labor exchange;

/This sub-paragraph was amended by the law as of September 7, 2016/

3.1.6."a citizen who may be affected by unemployment" means a citizen who is notified and registered with the aimags, the Capital city, or district organizations in charge of employment affairs or labor exchange in regards with receipt of a notice of termination of the labor contract, the requirement to change his/her job due to health reasons, or inability to restore his/her private business due to the risk;

/This sub-paragraph was amended by the law as of September 7, 2016/

3.1.7."a citizen with difficulty in finding a job" means a citizen with labor ability of working age of a family who needs additional employment services, social welfare support and assistance, a citizen specified in paragraph 3.1 of the Law on Social Protection of Persons with Disabilities, a citizen who has been released from prison and has been released from a nursing home due to reaching the working age, and a citizen who cannot find a job for more than 6 months;

3.1.8."a self-employed person" means a citizen who runs a business alone or jointly with others, registers with the tax office and makes independent decisions affecting the operation of his/her business;

3.1.9."a herdsman" means a citizen who earns his main income by engaging in livestock husbandry;

3.1.10."job placement" means a service that provides assistance to a citizen who is searching for a job in finding a job that matches with his/her interest, profession, and skill, and to an employer in finding an employee that meets their need and demand;

3.1.11."business incubation service" means providing support and creating a favorable business environment to self-employed persons and citizens who want to be self-employed, as well as herdsmen upon providing information and professional advice, acquiring business skills, renting production premises and other;

3.1.12."micro-production and service provider" means a business entity or a citizen being engaged in production or service with production assets or service sales income of up to 50 million tugrugs.

/This sub-paragraph was added by the law as of February 4, 2016/

Article 4.Principles of the employment supporting activities and directives of state policy

4.1.The following principles shall be adhered to in activities to support the employment:

4.1.1.to not discriminate against citizens based on their origin, ethnicity, language, race, age, gender, health status, wealth, education, social origin and status, religion, or opinion;

4.1.2.the common employment services to be equal, open and transparent;

4.1.3.to participate in employment by citizens on a voluntary basis;

4.1.4.to ensure equal rights and equal opportunities to work for citizens who have difficulty finding work;

4.1.5.to support social partnership;

4.1.6.to be based on public participation.

4.2.The state shall adhere to the following policy directives to support the employment of the population:

4.2.1.to create employment opportunities and conditions for the population, to ensure a stable level of labor force employment;

4.2.2.to develop the workforce in accordance with investment and labor market demand;

4.2.3.to develop constantly the professional skills of citizens in compliance with the demand of the labor market;

4.2.4.to develop labor market information and research, to increase access to employment services and measures to support employment, and to improve quality and efficiency;

4.2.5.to master the domestic labor force market, improve qualifications and skills in the foreign market.

Article 5.Supporting labor market demand

5.1.The state shall take the following measures per annum in regards with supporting labor market demand:

5.1.1.to conduct research, conclude contracts and negotiations on the release of national industrial products to foreign markets;

5.1.2.to provide loans to small and medium-sized enterprises that start production for export and increase the number of jobs at the priority basis, and provide tax benefits based on the number of jobs created them;

5.1.3.to support private sector investment in remote and economically underdeveloped regions, or invest based on the principle of public-private partnership;

5.1.4.other measures determined by the Government.

5.2.The measures specified in Paragraph 5.1 of this Law shall be determined by the state central administrative body in charge of industrial affairs, and the required funds shall be reflected and performed in the annual state budget.

/This paragraph was amended by the law as of August 17, 2012/

/This paragraph was amended by the law as of November 26, 2015/

Article 6.Types and forms of employment supporting activities

6.1.Activities to support employment shall be in the following types:

6.1.1.common employment services;

6.1.2.measures to support employment.

6.2.Common employment services shall be implemented in the following forms:

6.2.1.to provide work and professional guidance, advice, and information;

6.2.2.job placement;

6.2.3.to provide unemployment benefits;

6.2.4.to be included in integrated registration and information services;

6.2.5.other services.

6.3.Measures to support employment shall be implemented in the form of the following projects and programs:

6.3.1.to prepare for work;

6.3.2.to organize employment training;

6.3.3.to support herdsmen and self-employed persons, to support citizens to establish partnerships and cooperatives;

6.3.4.to support the employer;

6.3.5.to organize public works;

6.3.6.to support the employment of citizens who have difficulty in finding a job;

6.3.7.to support the employment of students and graduates of vocational and technical educational institutions;

/This sub-paragraph was added by the law as of July 7, 2023/

6.3.8.other projects and programs specified in legislation, as well as determined by the decision of the Government and the National Employment Council.

/The numbering of this sub-paragraph was amended by the law as of July 7, 2023/

6.4.The conditions and procedures for granting unemployment insurance benefits shall be regulated by the Law on Benefits to be provided by the Social Insurance Fund.

/In this paragraph, the term "unemployment benefit" was changed into term "benefit" by the law as of July 7, 2023, and it shall enter into force on January 1, 2024/

6.5.Common employment services shall be free of charge.

Article 7.Scope of employment supporting activities

7.1.In employment supporting activities, job seekers, citizens who may be affected by unemployment, citizens who have difficulty in finding a job, herdsmen, graduates of vocational and technical education institutions engaging in micro production and service providers, self-employed persons, citizens who establish partnerships and cooperatives, and employers shall be covered as specified in this Law.

/This paragraph was amended by the law as of February 4, 2016/

/This paragraph was amended by the law as of July 7, 2023/

CHAPTER TWO

COMMON EMPLOYMENT SERVICE

Article 8.Services on providing job and professional guidance, counseling and information

8.1.In services on providing job and professional guidance, counseling, and information shall include the services on delivering news and information about specific jobs, professions, and workplaces to citizens, advising on the conditions for choosing a job or profession, and participating in common employment services and events, and providing labor market Information.

8.2.Services on providing job and professional guidance, professional advice, and information shall be organized individually and/or in groups.

8.3.Service on providing job and professional guidance for high school students of secondary schools shall be organized according to a special plan in cooperation with the administration of the school.

8.4.The Labor Exchange shall prepare manuals for job and professional guidance, presentations for each popular profession, and create a database.

8.5.The content of job and professional guidance training and the requirements for trainers shall be determined by the Cabinet members in charge of labor and education affairs.

/This sub-paragraph was added by the law as of February 4, 2016/

Article 9.Job placement

9.1.Aimags, the Capital city, and district organizations in charge of employment affairs and labor exchanges shall place the registered job seekers and citizens who may be affected by the unemployment based on the employer's demand.

/This paragraph was amended by the law as of September 7, 2016/

9.2.The private labor exchange shall be registered by the state central administrative body in charge of employment affairs and its authorized organization based on the opinions and conclusions of the aimags, the Capital city, and district organizations in charge of employment affairs, and connected to the integrated information network.

/This paragraph was amended by the law as of December 21, 2012 and by the law as of September 7, 2016/

9.3.If it is not possible to place a citizen within the scope of the services specified in paragraph 9.1 of this Law, the private labor exchange shall notify the aimags, the Capital city, or district organizations in charge of employment affairs and the officer in charge of employment affairs of soum and Khoroo to be involved the citizen in employment measures.

/This paragraph was amended by the law as of September 7, 2016/

9.4.Funding shall be provided to the private labor exchange connected to the integrated information network specified in Paragraph 9.2 of this Law based on the number of jobseekers placed and found the jobs from the job seekers registered in the respective integrated network based on the calculation made at the rate determined by the Employment supporting fund, it shall be prohibited to the private labor exchange from receiving a service fee directly or indirectly by the job placed citizens.

9.5.The procedure for registering and granting fund of private labor exchanges shall be approved by the Cabinet member in charge of labor affairs.

Article 91.Work force supply services

91.1.Business entities and organizations may provide workforce supply services in accordance with Article 76 of the Law on Labor based on the registration with the state administrative body in charge of labor affairs.

91.2.Requirements and registration procedures for business entities and organizations to be provided workforce supply services shall be approved by the Cabinet member in charge of labor affairs.

/This article was added by the law as of July 2, 2021/

CHAPTER THREE

MEASURES TO SUPPORT EMPLOYMENT

Article 10.Preparing for work

10.1.Measures on work preparation shall be in the form of essentially needed package services, support and assistance such as acquiring communication skills with people, providing knowledge of labor relations, and helping them adapt to work procedures and production regimes devoted to citizens who have difficulty in finding job, school dropouts, and children who reached working age.

10.2.The services, support and assistance of measures to prepare for work can be performed by private sector and non-governmental organizations based on the contracts.

Article 11.Organizing employment training

11.1.Employment training shall have the purposes to provide and develop professional skills to citizens in a short period of time in the form of on-the-job training, professional training, re-training, mobile and distance training, and apprenticeship training.

/This paragraph was invalidated by the law as of February 4, 2016/

11.2.Employment training shall have the purposes to acquire and develop professional skills in a short period of time for unemployed citizens, citizens who may be affected by unemployment, citizens who have difficulty in finding a job, school dropouts, and children who reached working age.

/This paragraph was modified by the law as of February 4, 2016/

11.3.The organization in charge of employment affairs of the aimag, the Capital city, and district may organize employment training in cooperation with the organization specified in paragraph 9.4 of the Law on Vocational and Technical Education and Training.

/This paragraph was modified by the law as of February 4, 2016/

/This paragraph was amended by the law as of September 7, 2016/

/This paragraph was amended by the law as of July 7, 2023/

11.4.The training cost of citizens specified in paragraph 11.2 of this Law shall be fully or partially financed by the Employment supporting fund.

11.5.The citizens other than those specified in paragraph 11.2 of this Law may participate in employment training at his/her own expense, at the expense of the business entity or organization, and at the expense of the Unemployment Insurance Fund specified in the Law on Benefits to be provided from the Social Insurance Fund.

/In this paragraph, the term "unemployment benefit" was changed to "benefit" by the law as of July 7, 2023, and it shall enter into force on January 1, 2024/

11.6.The evaluation, inspection and certification of the professional skills of citizens who have participated in employment training shall be organized by the state central administrative body in charge of employment affairs and its authorized organization, and the procedure for the evaluation, inspection and certification of professional skills shall be approved by the Cabinet member in charge of labor affairs.

/This paragraph was amended by the law as of August 17, 2012, by the law as of December 21, 2012, and by the law as of August 17, 2012/

/This paragraph was invalidated by the law as of February 4, 2016/

11.7.Based on the request and proving documents of a citizen who has worked abroad and has acquired certain professional skills, the state central administrative body in charge of employment affairs and its authorized organization shall evaluate and certify their professional skills.

/This paragraph was amended by the law as of August 17, 2012, by the law as of December 21, 2012, and by the law as of August 17, 2012/

/This paragraph was invalidated by the law as of February 4, 2016/

11.8.Employment training projects can be implemented for prisoners and conscripted soldiers.

Article 12.Supporting for herdsmen, micro production and service providers, self-employed persons, and citizens to establish partnerships and cooperatives

12.1.Measures to support herdsmen, graduates of vocational and technical educational institutions who are engaging in micro production and service providers, self-employed persons, and citizens who establish partnerships and cooperatives shall have the forms to support and assist by the measures including to provide professional and methodological advice for citizens to start businesses alone or jointly with others, to be involved in the entrepreneurship training, to provide with small loans, financial support, business incubation services and others.

/This paragraph was amended by the law as of February 4, 2016/

/This paragraph was amended by the law as of July 7, 2023/

12.2.Small loans and financial support for herdsmen, graduates of vocational and technical educational institutions who are engaging in micro-production and service providers, self-employed people, and citizens who establish partnerships and cooperatives shall be provided by the Employment supporting fund, and small loans from the fund shall be provided through banks.

/This paragraph was amended by the law as of February 4, 2016/

/This paragraph was amended by the law as of July 7, 2023/

12.3.Herdsmen and self-employed people shall be granted up to five million tugrug loans, and up to ten million tugrug loans to citizens establishing partnerships and cooperatives for a period of up to 2 years.

/This paragraph was invalidated by the law as of February 4, 2016/

12.4.If a citizen who has difficulty in finding a job obtains a small loan for the purpose of purchasing materials, raw materials, seeds, fertilizers, livestock, domestic animals, equipment, tools, and others, the loan interest payment shall be reimbursed from the Employment supporting fund.

/This paragraph was modified by the law as of February 4, 2016/

12.5.The amount of loan interest provided by the Employment supporting fund in accordance with Article 12.2 of this Law is lower than the minimum interest rate of the bank where the funds of the Employment supporting fund are deposited.

12.6.A warranty may be issued for small loans provided in accordance with paragraph 12.2 of this Law.

/This paragraph was modified by the law as of February 4, 2016/

12.7.The Government shall determine the procedures for issuing small loans from the Employment supporting fund, warrantying them, reimbursing their interest, and providing financial support, as well as the amount of small loans and financial support.

/This paragraph was modified by the law as of February 4, 2016/

12.8.Business incubation services shall be implemented in the following forms:

12.8.1.to involve a citizen with business ideas in entrepreneurial training, help them develop projects, give advice, and provide information;

12.8.2.to rent the necessary equipment and production premises to citizens selected upon development of a business project, and provide rent discounts for a certain period of time;

12.8.3.to provide business information, provide advice, and support the establishment of partnership relations;

12.8.4.to grant loans and provide discounts specified in paragraph 12.4 of this Law, and support micro-production and services;

12.8.5.others.

12.9.The state central administrative body in charge of labor affairs shall approve and implement projects and programs for citizens working abroad under labor contracts in the fields of returning to their homeland, creating jobs by them, establishing small and medium-sized enterprises, and supporting employment.

/This paragraph was modified by the law as of December 24, 2021/

Article 13.Supporting the employer

13.1.Measures to support the employer shall be implemented in the form of financial support with the purposes of fully or partially compensating the employer for the costs incurred in employing a citizen who has difficulty in finding a job, and providing with incentives to the citizen to work stably in the workplace created by the employer.

13.2.The unemployment insurance fund shall provide financial support to employers who meet certain conditions and requirements in order to maintain workplaces.

13.3.The conditions and requirements for providing financial support specified in paragraph 13.2 of this Law shall be determined by the Law on Benefits to be provided by Social Insurance Fund.

/In this paragraph, the term "unemployment benefit" was changed into the term "benefit" by the law as of July 7, 2023, and it shall enter into force on January 1, 2024/

13.4.Citizens with animals who are hiring the herdsmen to herd their animals based on a contract shall be included to the employer specified in Paragraph 13.1 of this Law.

Article 14.Organization of public works

14.1.Public works shall be organized in the forms of various measures to temporarily employ and increase income of unemployed citizens, citizens who may be affected by the unemployment, citizens who have difficulty in finding job, and unemployed citizens.

14.2.The public work program shall be developed by the aimag, the Capital city, and district organizations in charge of employment affairs in compliance with local resources and demands, and shall be organized in cooperation with local administrative bodies, business entities, and non-governmental organizations.

/This paragraph was amended by the law as of September 7, 2016/

14.3.In order to eliminate and rehabilitate the damage caused by the disaster, the  aimag, the Capital city, and district organizations in charge of employment affairs may implement temporary public work programs.

/This paragraph was amended by the law as of September 7, 2016/

/This paragraph was amended by the law as of February 2, 2017/

14.4.The fee for public works, labor safety and hygiene costs related to the execution of the respective work shall be paid by the Employment supporting fund, and other costs shall be paid by the local budget and business entities and organizations.

14.5.The Cabinet member in charge of labor affairs shall determine the hourly wage, labor safety and hygiene costs for public work by taking into account of the specifics of the work.

14.6.The hourly wage for public work shall not be less than the minimum wage.

Article 15.Supporting the employment of citizens who have difficulty in finding a job

15.1.In addition to the provisions stated in this Law, the following support shall be provided in order to support the employment of citizens who have difficulty in finding a job:

15.1.1.to provide a discount on food and transportation costs to citizens who have difficulty in finding a job during the employment training period, and finance these costs from the Employment supporting fund;

15.1.2.to reimburse the cost of training during the internship period and provide a one-time financial support equal to one year's salary of the employee to employers who continue to employ a citizen who has reached the working age and left a  nursing home or a person who has been released from the prison as a full-time employee for a period of at least one year upon doing internship to them at their manufactory;

15.1.3.to provide financial support of up to one million tugrug from the Employment supporting fund to a citizen who has difficulty in finding a job and/or works as a self-employed person or as a family business;

/This sub-paragraph was invalidated by the law as of February 4, 2016/

15.1.4.to provide with one-time incentive equal to 12 times the minimum wage to employers who hire a disabled citizen or a citizen who has been unemployed for more than 6 months and provide them with a job for at least 12 months;

15.1.5.to be selected and rewarded by the National Employment Council in accordance with the specific condition amongst the employers who have achieved results by providing workplaces to disabled citizens, those released from nursing homes upon reaching working age, and those released from prisons, registered in the employment organization, and taking certain initiatives to solve their social problems.

15.2.A herdsman who employs a citizen who has no or few animals as an assistant herdsman for a period of at least 12 months, and trains herdsmen in livestock husbandry procedures, can provide one-time financial support of up to one million tugrug from the Employment supporting fund by taking into account of the amount of labor wage paid to that citizen.

/This paragraph was invalidated by the law as of February 4, 2016/

15.3.The aimag, the Capital city, and district organizations in charge of employment affairs and labor exchanges shall conclude contracts with citizens who have difficulty in finding jobs and their employers, and monitor their implementation.

/This paragraph was amended by the law as of September 7, 2016/

CHAPTER FOUR

EMPLOYMENT REGISTRATION AND INFORMATION

Article 16.Employment registration and information system

16.1.The employment registration and information system shall consist of employment registration, integrated database, employment registration information network, its software and technical support, data collection and distribution services, and information sources.

Article 17.Employment registration and integrated database

17.1.The employment registration and the integrated database shall contain data and information about the workforce, and records and information in connection with job vacancies, job seekers, unemployed citizens, citizens who may be affected by unemployment, citizens who have difficulty in finding a job, the implementer of the employment supporting activities  as well as citizens,  business entities, and organizations involved in these activities.

Article 18.Employment registration and information network

18.1.The employment registration and information network shall consist of data collection, processing, storage, and protection in the employment registration and integrated database, and dissemination of information from them, as well as the website, software and other hardware based on it, and other information tools.

Article 19.Organization in charge of employment registration and integrated database, employment registration and information network

19.1.The state administrative body in charge of the labor affairs specified in paragraph 29.5 of this Law shall implement the functions on creating, integrating, processing, storing, and protecting the employment registration and integrated database, and conducting the operations of the employment registration and information networks upon providing with professional, methodological, and technological matters, as well as maintaining their proper operations.

/This paragraph was amended by the law as of September 7, 2016/

19.2.The state central administrative body in charge of employment affairs shall carry out the functions of establishing the operational and security and protection procedures and standards of the employment registration and integrated database, and employment registration and information network, supervising them, and developing the software and hardware.

/This paragraph was amended by the law as of August 17, 2012/

Article 20.Employment registration and information sources and records

20.1.The sources of employment registration and information shall be citizens, employers, as well as the implementer of the employment supporting activities  and the citizens,  business entities, and organizations involved in these activities.

20.2.The employer shall be obligated to provide information relevant to the workforce and workplaces to the aimag, the Capital city, and district organizations in charge of employment affairs and labor exchanges, or to be registered them in the registration and information networks thereto, to upload the information, and to make changes to the information from time to time, and the employer shall provide information in regards with all workplaces once at the beginning of the year, information about newly created and non-existent jobs quarterly, and information about vacant jobs from time to time according to the form specified in paragraph 20.7 of this Law to the aimag, the Capital city, and district organizations in charge of employment affairs, employment officer of soum and Khoroo under their jurisdiction, as well as to the labor exchange.

20.3.The employer shall provide information about the workplace specified in paragraph 20.2 of this Law free of charge.

20.4.Citizens may register in the database via internet environment or upon arriving the labor exchange, upload their information and obtain the necessary information.

20.5.The aimag, the Capital city, and district organization in charge of the employment affairs shall consolidate the records and information in regards with the implementer of the employment supporting activities and the citizens,  business entities, and organizations involved in these activities, and citizens who have difficulty in finding a job, and enter them into the integrated employment registration and database.

/This paragraph was amended by the law as of September 7, 2016/

20.6.The employment organization shall exchange reports, data, information, and relevant documents with the relevant organizations in charge of state registration, statistics, taxation, social insurance, and social welfare affairs free of charge.

20.7.The employment registration and information form shall be approved by the Cabinet member in charge of labor affairs with the approval of the head of the central statistical organization.

CHAPTER FIVE

EMPLOYMENT SUPPORTING FUND

Article 21.Employment supporting fund

21.1.An Employment supporting fund shall be established with purpose of financing the employment supporting activities.

21.2.The Government shall determine the procedures for forming, spending and monitoring the assets of the employment supporting fund.

Article 22.Sources of income of the employment supporting fund

22.1.The employment supporting fund shall consist of the following sources:

22.1.1.funds allocated from the state budget;

22.1.2.funds allocated from the local budget;

22.1.3.interest on depositing the free balance of the employment supporting fund in the bank;

22.1.4.the payment for the workplace to be paid by the employer who employs the foreigner under contract;

22.1.5.loans granted by foreign countries and international organizations to support employment;

22.1.6.donations and assistance from foreign countries, international organizations, Mongolian and foreign business entities, organizations, non-governmental organizations, and citizens to the Employment Supporting Fund;

22.1.7.payment by business entities and organizations that do not employ people with disabilities;

/This sub-paragraph was amended by the law as of July 2, 2021/

22.1.8.repaid capital of small loans and financial support;

/This sub-paragraph was added by the law as of February 4, 2016/

22.1.9.other sources.

/The numbering of this sub-paragraph was amended by the law as of February 4, 2016/

22.2.The activity of generating income for unemployment insurance premiums shall be regulated by the Law on Social Insurance.

/This paragraph was invalidated by the law as of July 7, 2023, and in shall be enter into force on January 1, 2024/

Article 23.Expenditure of employment supporting fund

23.1.The assets of the employment supporting fund shall be used for the following employment supporting activities:

23.1.1.to provide work and professional guidance, advice, and information;

23.1.2.job placement;

23.1.3.preparation for work;

23.1.4.to organize employment training;

23.1.5.to support the employer;

23.1.6.to organize public works;

23.1.7.to support herdsmen, graduates of vocational and technical educational institutions who are engaging in micro-production and service providers, self-employed persons, and citizens to establish partnerships and cooperatives;

/This sub-paragraph was amended by the law as of February 4, 2016/

/This sub-paragraph was amended by the law as of July 7, 2023/

23.1.8.to support the employment of citizens who have difficulty in finding a job;

23.1.9.to create, operate and update the employment registration and integrated database, employment registration and information network;

23.1.10.to strengthen the capacity of employees to implement activities to support employment, to support the activities of national and branch employment councils, to monitor the implementation of basic principles and fundamental rights in the labor sphere, to conduct labor market research and advertising, to prepare and publish manuals and printed materials, monitor, analyze and evaluate the results of employment supporting activities;

23.1.11.to finance other programs and projects stipulated by the law, as well as determined by the decision of the Government and the National Employment Council;

23.1.12.to allocate funds to the Soum Development Fund to support the employment of Soum citizens;

/This sub-paragraph was added by the law as of September 11, 2012 and was invalidated by the law as of February 4, 2016/

23.1.13.to allocate assets to the fund for supporting vocational and technical education and training for the purpose of supporting vocational and technical education and training;

/This sub-paragraph was added by the law as of October 31, 2014/

/This sub-paragraph was amended by the law as of July 7, 2023/

23.1.14.to be responsible for payment of social insurance premiums to be paid by the employer and the employee of the internship under Article 63 of the Law on Labor.

/This sub-paragraph was added by the law as of July 2, 2021/

23.2.Assets collected from the income of unemployment insurance premiums shall be spent in accordance with the Law on unemployment benefits to be provided by the Social Insurance Fund.

/This paragraph was invalidated by the law as of July 7, 2023, and it shall enter into force on January 1, 2024/

23.3.It shall be prohibited to spend the assets of the employment supporting fund for purposes other than employment supporting activities.

23.4.The Government shall determine the amount of capital specified in sub-paragraph 23.1.12 of this Law.

/This paragraph was added by the law as of September 11, 2012 and was invalidated by the law as of February 4, 2016/

23.5.The payment specified in sub-paragraph 22.1.7 of this Law shall be used for activities to support the employment of people with disabilities in the locality that generated the respective income.

/This paragraph was added by the law as of February 4, 2016/

/This paragraph was amended by the law as of July 2, 2021/

Article 24.Income and expenditure budget of employment supporting fund

24.1.Funds shall be allocated per annum from the state budget to the employment supporting fund.

24.2. /This paragraph was invalidated by the law of December 23, 2011/

24.3.The amount of funds to be allocated from the state budget to the employment supporting fund in a given year shall be approved by the State Great Khural based on the proposal of the Government by taking into account of the level of unemployment, labor force participation and employment level.

24.4.The budget schedule of the employment supporting fund for the given year shall be approved by the Cabinet member in charge of labor affairs by taking into account of the proposal of the National Employment Council.

24.5.When allocating the approved budget of the Employment supporting fund to aimags, the Capital city, and districts, it shall be based on the number of population, unemployment and poverty level, and the number of eligible persons.

Article 25.Issuing statements and balance sheet of the employment supporting fund

25.1.It shall be required to submit income and expenditure reports of the employment supporting fund within the period mentioned below:

25.1.1.the district employment organization shall submit the quarterly report to the Capital city employment organization, the soum employment officer to the aimag employment organization within the 5th day of the first month of the subsequent quarter, the aimag and the Capital city employment organization, and the state administrative body in charge of labor affairs within the 15th day of the first month of the subsequent quarter to the state central administrative body in charge of employment affairs, respectively;

25.1.2.the state central administrative body in charge of employment affairs shall submit the consolidated quarterly report within the 20th day of the first month of the subsequent quarter, and the end-of-year report by February 10th of the subsequent year, to the state central administrative body in charge of finance and budget affairs and National Employment Council and Central Social Insurance Organization.

Article 26.Forms of financial records and statements of employment supporting fund

26.1.The model of registration and reporting form of employment supporting fund shall be jointly approved by the Cabinet members in charge of finance, budget and labor affairs.

CHAPTER SIX

MANAGEMENT AND ORGANIZATION OF EMPLOYMENT SUPPORTING ACTIVITIES

Article 27.Employment organization system

27.1.The system of employment organizations shall consist of the state central administrative body in charge of employment affairs, National and aimag, the Capital city and district councils of employment, the aimag, the Capital city and district organizations in charge of employment affairs, employment officers /labor offices/ of soum and khoroo and labor exchanges.

/This paragraph was amended by the law as of August 17, 2012 and by the law as of December 21, 2012/

27.2.The national, aimag, the Capital city and district employment councils shall be social consensus organizations.

27.3.The labor exchange shall be a common employment service organization and shall consist of state bodies, non-governmental and private sector organizations connected to employment registration and information networks.

Article 28.National, aimag, the Capital city and district employment councils

28.1.The national, aimag, the Capital city and district employment councils shall be established and operated with representatives of the state-level organization to protect the rights and legitimate interests of the Government, employers and employees.

28.2.The number of representatives of the three parties specified in Paragraph 28.1 of this Law of the national and aimags, the Capital city and district employment councils shall be the equal.

28.3.The charter of the National Employment Council shall be approved by the Government in consultation with the state-level organization that represents the rights and legitimate interests of employers and employees, and the charter of the aimag, the Capital city and district employment councils shall be approved by the National Employment Council (hereinafter referred to as the "National Council").

28.4.The composition of the National Council shall be approved by the Prime Minister for a period of 4 years based on the proposals of the parties, and the National Council shall have the following composition:

28.4.1.one person each from the state central administrative body in charge of labor, finance, budget and educational affairs representing the Government;

28.4.2.three persons from the state-level trade union organization representing the rights and legal interests of employees;

28.4.3.three persons from the state-level organization representing the employer's rights and legal interests.

28.5.The head of the National Council shall be a Cabinet member in charge of labor affairs.

28.6.The deputy head of the National Council shall be approved from the representative of one of three parties specified in Paragraph 28.1 of this Law upon the consensus between the parties by the majority vote of the members present at the meeting.

28.7.It shall be prohibited to insert the head or employee of the employment organization as a member of the national, aimag, the Capital city or district employment council.

28.8.The National Council shall exercise the following powers:

28.8.1.to monitor the implementation of legislation on employment supporting and labor migration;

/This sub-paragraph was amended by the law as of December 24, 2021/

28.8.2.to develop and discuss proposals for policies, strategies, and programs to be adhered to by the State regarding employment, discuss and approve projects and programs specified in sub-paragraphs 6.3.1-6.3.4 and 6.3.6 of this Law;

28.8.3.to discuss the reports and information of the employment organization regarding employment supporting activities and the control, analysis, and evaluation reports of the external organization made as a result of the employment supporting activities, make suggestions and conclusions, and submit the necessary issues to relevant organizations for resolution;

28.8.4.to discuss the allocation of the budget of the employment supporting fund, to make recommendations, to monitor the income and expenditure status of the fund;

28.8.5.to discuss half-year and full-year financial statements of the Employment supporting fund and make suggestions and conclusions;

28.8.6.to discuss the progress and results of monitoring and analysis of the implementation of policy and legislation on employment, and on sending workforce abroad, hiring labor force and specialists from abroad, and make recommendations for improving legislation and programs based on the results of monitoring and analysis, and submit them to the relevant authorities;

28.8.7.to make recommendations on determining the needs of foreign skilled workers to be hired in the given year and submit them to the state central administrative body in charge of labor affairs.

/This sub-paragraph was amended by the law as of December 24, 2021/

28.9.Members of the National Council may be given a quarterly incentive based on their work participation, and the amount of the incentive shall be determined by the state central administrative body in charge of labor affairs.

Article 29. Employment organizations

29.1. /This paragraph was invalidated by the law as of August 17, 2012/

29.2. /This paragraph was amended by the law of December 23, 2011/

/This paragraph was invalidated by the law as of August 17, 2012/

29.3.The head of the employment organization of the aimag, the Capital city, or district shall be appointed and released by the Cabinet member in charge of employment affairs in consultation with the Governor of that level.

/This paragraph was modified by the law of December 21, 2012/

/This paragraph was amended by the law of September 7, 2016/

29.4.The employee in charge of the employment affairs of the district and Khoroo shall be appointed and released by the Head of the organization in charge of the employment affairs of the aimag or district.

/This paragraph was modified by the law of December 21, 2012/

/This paragraph was amended by the law of September 7, 2016/

29.5.The Central Labor Exchange shall work next to the state central administrative body in charge of employment affairs.

/This paragraph was amended by the law as of August 17, 2012/

/This paragraph was invalidated by the law as of September 7, 2016/

29.6.Aimag, the Capital city and district organizations in charge of employment affairs shall be financed from the state budget.

/This paragraph was amended by the law as of August 17, 2012 and by the law as of September 7, 2016/

29.7.The Cabinet member in charge of employment affairs shall approve the charter of the organization in charge of employment affairs of the aimag, the Capital city, and district.

/This paragraph was amended by the law as of August 17, 2012 and by the law as of September 7, 2016/

29.8. /This paragraph was invalidated by the law as of August 17, 2012/

29.9.In addition to the provisions specified in this Law, the aimag, the Capital city, and district organization in charge of employment affairs shall perform the following functions:

/This paragraph was amended by the law as of September 7, 2016/

29.9.1.to develop a proposal on the annual inclusion of funds specified in sub-paragraph 22.1.2 of this Law in the aimag, the Capital city, and district budgets;

29.9.2.to organize and supervise the implementation of employment supporting legislation and employment supporting measures at the local level;

29.9.3.to collect from the employer information about the total number of jobs, newly created, non-existent and vacant jobs in the territory under his/her jurisdiction;

29.9.4.placement of a job seeker in a suitable workplace;

29.9.5.to issue opinions and conclusions specified in Paragraph 9.2 of this Law and monitor the activities of private labor exchanges;

29.9.6.to promote the legislation on employment supporting to organizations and citizens;

29.9.7.to register citizens who have difficulty in finding jobs at the level of the aimags, the Capital city, and districts, issue survey of employment needs, and create a database;

29.9.8.to provide services on giving work and professional guidance and counseling;

29.9.9.to create, operate and update the employment registration and integrated database;

/This sub-paragraph was added by the law as of December 21, 2012/

29.9.10.to support and supervise in organizing the implementation of legislation on vocational and technical education and training at the local level, to create a database;

/This sub-paragraph was added by the law as of December 21, 2012/

/This sub-paragraph was amended by the law as of July 7, 2023/

29.9.11.to organize the implementation of legislation on small and medium-sized enterprises and measures to support small and medium-sized enterprises at the local level, monitor them, and create a database thereto;

/This sub-paragraph was added by the law as of December 21, 2012/

29.9.12.to implement legislation and programs on labor relations, labor safety, and hygiene in local areas, promote them to citizens, business entities, and organizations, and supervise them;

/This sub-paragraph was added by the law as of December 21, 2012/

29.9.13.to collect, spend according to purpose, supervise and report on the implementation of payments specified in sub-paragraph 22.1.7 of this Law;

/This sub-paragraph was added by the law as of February 4, 2016/

29.9.14.other functions provided by legislation.

29.10.In addition to the provisions specified in this Law, the state administrative body in charge of labor affairs shall perform the following functions:

/This paragraph was amended by the law as of September 7, 2016/

29.10.1.to study the long-term and short-term state of labor market demand and supply, and develop future estimates;

29.10.2.to provide citizens and employers with information about the labor market, provide work and professional orientation, counseling, and job placement;

29.10.3.to create an integrated database of information about business entities, organizations and citizens providing employment services and serve the public;

29.10.4.to issue opinions and conclusions specified in Paragraph 9.2 of this Law;

29.10.5.to provide employment registration and information network-connected organizations with software, expertise, methodology, and technical management, and create conditions for operating in a unified information environment;

29.10.6.other functions provided by legislation.

29.11.In addition to the provisions specified in this Law, the labor exchange shall perform the following functions:

29.11.1.to register, provide information and provide advice to participants in the labor market;

29.11.2.to provide job and professional orientation;

29.11.3.job placement;

29.11.4.to collect employment records and data from the relevant persons about all and vacant jobs, newly created and non-existent jobs, as well as jobseekers and citizens who may be affected by unemployment, and enter them into the employment registration and integrated database;

29.11.5.to organize employment training;

29.11.6.other functions provided by legislation.

29.12.The labor exchange shall be provided with a one-stop service hall and equipment, and shall be fulfilled the common requirements of having a service employee with the appropriate knowledge and skills, and enabling users to work in an internet environment of the information.

29.13.In addition to the provisions specified in this Law, the employee /labor office/ in charge of the employment affairs of the soum and khoroo shall perform the following functions:

/This paragraph was amended by the law as of December 21, 2012 and the law as of September 7, 2016/

29.13.1.to keep a register of unemployed citizens, job seekers, citizens who may be affected by unemployment or having difficulty in finding a job, citizens participating in employment activities, service providers, and employers within their territory, and enter them into the employment registration and integrated database;

29.13.2.to collect data and information relevant to the labor force and workplaces in the territory from the employer, and deliver it to the aimags, the Capital city, and district organizations in charge of employment affairs or the labor exchange;

29.13.3.to determine the needs of citizens to participate in measures to support employment;

29.13.4.to provide citizens and employers with information about the labor market and to promote legislation on employment supporting;

29.13.5.to promote the legislation, projects and programs in connection with labor relations, labor safety and hygiene, vocational and technical education and training, small and medium-sized enterprises, and supervise the implementation thereof;

/This sub-paragraph was added by the law as of December 21, 2012/

/This sub-paragraph was amended by the law as of July 7, 2023/

29.13.6.other functions provided by legislation.

Article 30.Powers of the State Central Administrative Body, the Khurals and the Governors

30.1.The state central administrative body in charge of labor affairs shall exercise the following powers to support the employment of the population, reduce unemployment, improve common employment services, and increase results thereto:

30.1.1.to develop the grounds and directives of the state policy, to have reflect them in legislation, rules, procedures, projects, programs, and other draft decisions, to have made decisions, and make decisions within the scope of their powers;

30.1.2.to ensure the implementation of legislation, rules, procedures, projects, programs, and other decisions, conduct the monitoring, analysis, and evaluation, and to arrange sectoral and inter-sectoral coordination;

30.1.3.to develop, approve and monitor implementation of employment service standards and norms;

30.1.4.to analyze the state of the labor market, determine trends, and develop short-term, medium-term and long-term goals;

30.1.5.to provide and supervise employment organizations with policy guidelines, professional and methodological management;

30.1.6.to plan and allocate sources, budgets, special purpose funds, projects and programs for employment supporting activities, monitor and evaluate expenditure thereof;

30.1.7.to organize trainings for the development and empowerment of human resources in the labor sector;

30.1.8.to develop and ensure the implementation of an employment training policy that meets the demands of the labor market;

30.1.9.to take relevant measures to discuss and implement the recommendations, opinions, and conclusions of the National Council, and to support its activities;

30.1.10.to be reimbursed the funds provided by the Employment supporting fund by the business entities, organizations, and citizens who have not spent them in accordance with the purposes, terminate the funding, and submit the respective matter to the competent authority for resolution;

30.1.11.to investigate and resolve citizens' suggestions and complaints in connection with unemployment insurance benefits;

30.1.12.to collect necessary information, calculations, and research on employment affairs from business entities, organizations, and officials free of charge, regardless of the state or non-governmental organization or form of ownership, except for confidential information of the organization and personal sensitive information;

/This sub-paragraph was amended by the law as of December 17, 2021/

30.1.13.to organize the implementation of the legislation on employment supporting and employment supporting activities at the national level, supervise them, and report on the implementation thereof;

/This sub-paragraph was added by the law as of August 17, 2012/

30.1.14.to conduct analysis of employment data and information, and researches on labor market demand and supply, status and labor force skill needs at certain intervals, to be performed them by a specialized organization under the contract, and develop the forecasting models;

/This sub-paragraph was added by the law as of August 17, 2012/

30.1.15. /This sub-paragraph was invalidated by the law as of December 21, 2012/

30.1.16.to generate income of the Employment supporting fund, to be developed and approved the capital allocation drafts, spend the funds according to the approved schedule, monitor them, and report thereof;

/This sub-paragraph was added by the law as of August 17, 2012/

30.1.17.to provide with professional and methodological management to the aimags, the Capital city, and district organizations in charge of employment affairs, labor exchanges, and organizations that mediate in sending labor force abroad and recruiting labor force from abroad, and to coordinate their activities;

/This sub-paragraph was added by the law as of August 17, 2012/

30.1.18.other rights provided by legislation.

30.2.The Citizens Representatives Khurals of Aimags, Soums, the Capital city, and Districts shall exercise the following powers to support employment:

/This paragraph was amended by the law as of April 22, 2022/

30.2.1.to reflect and approve the funds specified in sub-paragraph 22.1.2 of this Law in the aimags, the Capital city, and district budgets per annum;

30.2.2.to monitor the implementation of common employment supporting services and measures thereof, and to take measures to improve their implementation;

30.2.3.to hear the reports and information about the implementation of the goals included in the agenda of the Governor in regards with the employment supporting, and if the Governor does not exercise his/her powers as specified in Paragraph 30.3 of this Law, then to take the measures specified in Paragraph 32.2 of the Law of Mongolia on Administrative and Territorial Units and Their Governance;

30.2.4.other powers stipulated by legislation.

30.3.Governors of aimags, soums, the Capital city, and districts shall exercise the following powers to support employment:

/This paragraph was amended by the law as of April 22, 2022/

30.3.1.to annually develop a proposal on the inclusion of funds specified in sub-paragraph 22.1.2 of this Law in the budgets of aimags, the Capital city, and districts;

30.3.2.to coordinate and monitor the implementation of common employment services and measures;

30.3.3.to issue information and research on citizens who have difficulty in finding a job to be involved in the employment supporting measures, determine employment needs, and to be involved them in common employment services and employment supporting measures;

30.3.4.other powers stipulated by legislation.

Article 31.Participation, rights and obligations of business entities, organizations and citizens in activities to support employment

31.1.In addition to the provisions specified in this Law, citizens participating in employment supporting activities shall have the following rights and obligations:

31.1.1.to submit an application for participation in employment activities to the employment officer of the soum and khoroo, the aimag, the Capital city, and district employment organizations, and labor exchange, and be registered thereof, and after registration, to actively communicate and collaborate with the aimag, the Capital city, and district employment organization, employee, and labor exchange in accordance with the relevant procedures;

31.1.2.to spend the funds provided by the Employment supporting fund in accordance with this Law, and submit the results and financial reports to the employee responsible for the employment of the district, committee, and the organization responsible for employment of the aimag, the Capital city, and district within the specified period;

31.1.3.to choose from common employment services and measures offered by regional, capital, and district employment organizations and labor exchanges.

31.2.In addition to the provisions specified in this Law, business entities and organizations participating in employment supporting activities shall have the following obligations:

31.2.1.to submit the information on total and vacant jobs, newly created and non-existent jobs by the employers, within the period determined, in accordance with the form specified in Paragraph 20.7 of this Law, and the training needs for the development of the skills of their employees from time to time to the aimags, the Capital city, and district organizations in charge of employment affairs;

/This sub-paragraph was amended by the law as of September 7, 2016/

31.2.2.in case of mass layoff or downsizing of employees under the conditions specified in Paragraph 40.5 of the Law on Labor, to notify the relevant aimags, the and district organizations in charge of employment affairs at least one month in advance;

/This sub-paragraph was amended by the law as of September 7, 2016/

/This sub-paragraph was invalidated by the law as of July 2, 2021/

31.2.3.if a person recommended by the aimags, the Capital city, and district organizations in charge of employment affairs or labor exchange is hired for a vacant position, to report back to that organization within 5 working days after the decision;

/This sub-paragraph was amended by the law as of September 7, 2016/

31.2.4.to quarterly submit reports and data in regards with the measures taken on the employment of persons with disabilities to the aimags, and district organizations in charge of employment affairs;

/This sub-paragraph was amended by the law as of September 7, 2016/

/This sub-paragraph was amended by the law as of July 2, 2021/

31.2.5.to spend the funds provided by the Employment supporting fund in accordance with the intended purpose, and submit the performance and financial reports to the employee in charge of the employment affairs of the soum and khoroo, and the aimags, the Capital city, and district organizations in charge of employment affairs within the specified period;

/This sub-paragraph was amended by the law as of September 7, 2016/

31.2.6.other obligations stipulated by legislation.

31.3.Business entities, organizations, and citizens shall have the right to select and hire individuals recommended by the aimags, the Capital city, and district organizations in charge of employment affairs and labor exchanges in accordance with job requirements, and to participate in common employment services and measures according to their choice.

/This paragraph was amended by the law as of September 7, 2016/

31.4.Information about citizens who have reached working age and left the nursing home and who have been released from prisons shall be notified by the relevant organization to the relevant aimags, the Capital city, and district organizations in charge of employment affairs, and the respective organization shall register it according to the citizen's request and involve them in employment supporting activities.

/This paragraph was amended by the law as of September 7, 2016/

Article 32.Supervision of the implementation of legislation on employment supporting

32.1.The following competent organizations and officials shall supervise the implementation of legislation on employment supporting:

32.1.1.the State Great Khural, the Government, the Citizens Representatives Khurals and the Governors of all levels within their powers;

32.1.2.the state central administrative body in charge of employment affairs.

/This sub-paragraph was amended by the law as of November 11, 2022/

32.2.The results of employment supporting activities will be monitored, analyzed and evaluated annually by an external organization.

CHAPTER SEVEN

MISCELLANEOUS

Article 33.Liabilities to be imposed on the violators of the Law

33.1.If the act of an official who violates this Law does not have criminal nature, he/she shall be held liable as provided in the Law on Civil Service.

33.2.Any person or legal entity who violates this Law shall be held liable as provided for in the Criminal Code or the Law on Violations.

/This article was modified by the law as of December 4, 2015/

Article 34.Entry into force of the Law

34.1.This Law shall enter into force on October 1, 2011.

34.2.Paragraph 13.2 of this Law shall enter into force on January 1, 2013.

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA DEMBEREL.D