Unofficial translation

LAW ON LABOR OF MONGOLIA

 

14 May, 1999.                                                                                              Ulaanbaatar city.                                                                                                                  

 

CHAPTER ONE. GENERAL PROVISIONS

 

Article 1. Purpose of the law

 

1.1.     The purpose of this law is to determine the general rights and duties of employers and employees who are parties to a labor relationship based on a contract of employment, collective agreement or collective bargaining, and to provide rules with respect to collective or single employee labor disputes, working conditions, management, monitoring and supervision, and liabilities for violation of this law, and to ensure the mutual equality of the parties.

 

Article 2. Labor legislation

2.1       The Legislation on Labor shall comprise the Constitution of Mongolia, this law and other legislations enacted in conformity therewith.

2.2       Should provisions of international treaties to which Mongolia is a party provide otherwise, provisions of the international treaties shall prevail

 

Article 3. Definitions

3.1       The following terms used in this law shall have the following meanings:

3.1.1   ‘employer’ shall mean a person employing an employee on the grounds of a contract of employment;

3.1.2   ‘employee’ shall mean a citizen employed by an employer on the grounds of a contract of employment;

3.1.3   ‘contract of employment’ shall mean an agreement between an employee and an employer pursuant to which an employee undertakes to perform certain work subject corresponding to internal labor regulations established by the employer in accordance with the law, and the employer undertakes to pay wages to the employee for the employee’s work results and to ensure working conditions as provided in the law, collective agreements and other related agreements;

3.1.4   ‘collective agreement’ shall mean an agreement between an employer and the representatives of employees of a business entity or organization ensuring labor rights and legal interests more favorable to the employees than those guaranteed by law, and provided for other matters not directly regulated by this law;

3.1.5   ‘collective bargaining’ shall mean an agreement among an employer, the representatives of the employer’s employees, and a state administration organization, either at the national or regional level or with respect to an administrative territorial unit, economic sector or profession, for the purpose of protecting the labor rights and related legal interests of the employer and employees;

3.1.6   ‘representatives of an employer’ shall mean the person authorized by the administration of a business entity or an organization, or an organization which, pursuant to its charter, has undertaken to represent and protect the rights and legal interests of the employer;

3.1.7   ‘representatives of an employee’ shall mean the trade union that undertake to represent and protect the rights and legal interests of employees, or, if no such organization exists, individual representatives selected from a meeting of all employees;

3.1.8   ‘an individual labor dispute’ shall mean a dispute between the parties to a contract of employment concerning labor rights and related legal interests;

3.1.9   ‘collective labor dispute’ shall mean a dispute involving the parties to a collective agreement or bargaining concerning the negotiation, enforcement, monitoring or supervision of such collective agreement or bargaining;

3.1.10 ‘working conditions shall mean working environment and all other circumstances affecting directly and indirectly labor’s ability to work and health in the workplace;

3.1.11 ‘industrial accident’ is when an employee is affected by an accident or other industrial factors in the course of the performance of his/her labor duties;

3.1.12 ‘professional disease’ shall mean a disease acquired by an employee due to the negative impact of conditions encountered by the employee in the workplace in the course of the performance of his/her duties;

3.1.13 ‘a strike’ shall mean, in connection with a collective labor dispute, an action of employees whereby they voluntarily stop work, completely or partially, for a period of time;

3.1.14 ‘forced labor’ shall mean any form of involuntary work imposed under the threat or penalty for participating in a strike or expressing one’s view on the political, economic or social system, discrimination on the basis of social origin or duties and responsibilities that require the employee to perform regardless of the danger to life or health;

3.1.15 ‘a permanent workplace’ shall mean a workplace that employee attends on a regular basis in the performance of their duties with labor tools provided by the employer; and receive a salary in accordance with the norms, evaluations and networks approved by employer or his/her representative.

 

Article 4. Relations regulated by the Labor Code

4.1       This law regulates contract of an employment’s and other labor relations between the following parties:

4.1.1  labor relations between a citizen of Mongolia and domestic or foreign business units or organizations conducting operations in the territory of Mongolia;

4.1.2  labor relations between a citizen of Mongolia and another citizen of Mongolia, a foreign citizen or a stateless person;

4.1.3  labor relations between a domestic entity or organization and a foreign citizen or stateless person;

4.1.4  labor relations between foreign entities, organizations, citizens, and stateless persons that are conducting operations in the territory of Mongolia, unless otherwise provided in international treaties to which Mongolia is a party.

4.2       If individuals have undertaken to contribute property or labor to an enterprise, and have not entered into an agreement with respect to labor relations or have agreed to follow this law, the relevant provisions of this law shall be applicable to such relations;

4.3       Relations related to labor safety, hygiene and working conditions shall be regulated by this law.

 

Article 5. Rights and obligations of an employer

5.1       An employer shall have the right to adopt and enforce internal labor regulations in conformity with the laws of Mongolia, to require an employee to fulfil his/her obligations under a contract of employment, and to enforce such obligations in accordance with this law.

5.2       An employer shall be obliged to provide the employee with working conditions, labor safety and hygiene requirements, to pay a salary commensurate with the results of work and to fulfil his/her obligations specified in this law and labor and collective agreements;

5.3       An employer shall have the rights and obligations specified in the Law on Gender Equality.

 

 

 

Article 6. Rights and obligations of an employee

6.1       An employee shall have the right to be provided with working conditions that comply with safety and sanitation requirements; to receive compensation for his/her work; to take a vacation as provided in applicable internal regulations; to assemble with other employees for the purpose of protecting his/her rights and legal interests through a representative or representative organization; and to receive a pension, social insurance, and other benefits as provided in applicable contracts;

6.2       An employee shall be obliged to work faithfully, keep confidential those matters related to their duties and responsibilities specified as confidential by law, and to comply with labor and collective agreements, internal labor regulations, safety and general hygiene requirements;

6.3       An employee shall have the rights and obligations specified in the Law on Gender Equality;

6.4       An employee is obligated to work honestly, keep confidential those matters related to his/her work and duties that are specified as confidential by law, and to strictly follow and comply with applicable provisions of contract of employment’s, collective agreements, internal labor regulations, and safety and sanitation regulations.

 

Article 7. Prohibition of discrimination, limitations or advantage

7.1        No one shall be forced to perform work;

7.2        Discrimination, restriction or exploitation in labor relations on the basis of ethnicity, on the grounds of race, age, gender, social backgrounds shall be prohibited.

7.3        Discrimination, or the conclusion of limitations or advantage based on nationality, race, sex, social origin or status, wealth, religion, or ideology is prohibited.

7.4        If, due to the nature and requirements of the work or duty to which an employee has been assigned, an employer has limited an employee’s rights and freedom, he/she must justify the grounds for doing so.

7.5        When recruiting an employee for work, an employer may not ask questions pertaining to the private life, ideology, marital status, political party membership, religious

beliefs, or pregnancy of the employee unless such questions are related to the work or duty to be performed.

7.1        If Provision 7.4 has been violated, and an employee has been asked a prohibited question, the employee shall not be obligated to respond.

 

CHAPTER TWO. COLLECTIVE AGREEMENTS AND BARGAINING

 

Article 8. Basic principles with respect to collective agreements

8.1       When concluding a collective agreement or collective bargaining, the following principles shall be adhered to:

8.1.1   openness;

8.1.2   compliance with the law;

8.1.3   an equal number of representatives from the negotiating parties;

8.1.4   equality of bargaining power between the parties;

8.1.5   full discussion of the issues pertaining to collective agreements;

8.1.6   that obligations shall be voluntarily undertaken;

8.1.7   specificity with respect to the obligations of the parties.

 

Article 9. Provision of Information

9.1       During the negotiation of a collective agreement or bargaining, the relevant State organization and employer shall be obligated to provide all required information to the employees’ representatives.

9.2       The parties are obligated to exchange all information in their possession when monitoring the progress and enforcement of a collective agreement or bargaining.

 

Article 10. Prohibition of third-party involvement

10.1    During the negotiation and enforcement of collective agreements and bargaining, the participation of non-involved third parties, obstruction of the exercise of rights of the parties, or limitation of the legal interests of the parties by the government, a non- government or religious organization, political party, a non-involved citizen, or any official, is prohibited.

 

Article 11. Initiation of collective agreements and bargaining

11.1    Any party may initiate negotiations to amend, modify, or establish a collective agreement or bargaining.

11.2    A party that proposes to negotiate and establish a collective agreement or bargaining shall inform the other parties in writing.

11.3    The right to negotiate on behalf of an employer shall be exercised by the employer’s representatives as specified in Section 3.1.6 of this law.

11.4    The representatives of employees specified in Section 3.1.7 of this law have the right to negotiate and establish a collective agreement or bargaining on behalf of the employees.

11.5    If there are multiple relevant trade unions at the national, regional, or administrative territorial unit level, or in a specified economic sector or profession, or in a business entity or organization, they shall participate in the negotiation and conclusion of the collective agreement or bargaining through their representatives in proportion to the number of their members.

 

Article 12. Conduct of negotiations

12.1    The parties shall establish collective agreements and bargaining by negotiation.

12.2    The party that initiates the negotiation shall draft a statement of either the subjects to be negotiated, the terms and conditions of the proposed collective agreement or bargaining, or an amendment or addition to such contract or bargaining, and shall attach a notice of the time and place of the negotiations, and deliver it to the other parties.

12.3    A party who has received a notice of negotiation shall reply in writing form within 5 working days after receiving the notice.

12.4    A party who has received a notice of negotiation shall be obligated to start the negotiation within the following periods of time:

12.4.1 within 10 working days after receiving notice related to negotiation of the conclusion of a collective agreement or an amendment or addition to such a contract;

12.4.2 within 15 working days after receiving notice concerning negotiation of the conclusion of a collective bargaining.

12.5    If a party who has received a notice of negotiation does not reply or start negotiations within the time periods specified in Paragraphs 12.3 and 12.4, or there are disagreements during the negotiations that cannot be resolved, the issues shall be resolved in accordance with the provisions of Chapter Ten of this law.

12.6    The parties participating in a negotiation are obligated not to disclose confidential or trade secret information obtained during the negotiation process.

12.7    Expenses incurred during a negotiation, such as compensation of an expert participating in the negotiation by agreement of the parties, and other expenses, shall be funded in

accordance with regulations specified in applicable collective agreements and bargaining.

12.8    If an elected trade union representative, or an elected non-union representative, participates in a negotiation but has not been excused from his/her primary work, an employer may not impose a disciplinary penalty on such person without receiving permission in advance from the appropriate higher level authority of such person, nor shall such employer transfer such person to another job or terminate the employment of such person during the negotiation or within 1 year following completion of the negotiation.

12.9    When a collective agreement or agreement has been signed by all representatives of the parties, the negotiation shall be deemed to be concluded.

 

Article 13. Scope of collective agreements and bargaining

13.1    A collective agreement or bargaining shall apply to all employers and employees participating in the negotiation and shall govern the labor-related rights and legal interests of such employers and employees.

 

Article 14. Conclusion of collective agreements and bargaining

14.1    In establishing collective agreements and bargaining, the provisions of Article 12 of this law shall be followed. The collective agreement shall be concluded before the business plan of the business entity or organization is approved

14.2    The rights and obligations of employees in all units and divisions of a business entity or organization, and the rights and obligations of their employer, shall be governed by a single collective agreement or bargaining.

14.3    Regardless of the number of persons initiating the bargaining, only one such bargaining shall be established for the level considered.

14.4    In the negotiation of collective agreements and bargaining, the employer shall be obligated to provide the negotiating parties with pertinent information, stationery, office equipment, a room for meetings and discussions during non-working hours, and assistance in organizing propaganda, agitation, and advertising.

14.5    Collective agreements shall be established for a minimum period of one year and collective bargaining for two years.

 

Article 15. Registration of collective agreements and bargaining

15.1   Within 10 days after a collective agreement or bargaining has been signed, an employer shall deliver such collective agreement or bargaining for registration to the Governor of the soum or district where the employer has its principal place of business.

15.2   A collective bargaining with respect to employees in a specified economic sector, region, aimag, capital city or profession shall be registered with the state central administration organization in charge of labor matters within 10 days after such bargaining is signed.

15.3   A collective bargaining with respect to employees employed by a specified soum or district shall be registered with the administrative offices of the Governor of the relevant aimag or capital city within 15 days after such bargaining is signed.

15.4   The authorized of collective agreements or bargaining, as provided in this Article, shall review collective agreements and bargaining that have been submitted for registration within 10 working days after receiving them and register if they are in compliance with this law.

15.5   A collective agreement or agreement which has not been registered, or is not in compliance with this law, or in which the rights of an employee have been limited other than in compliance with this law, shall be deemed to be invalid and not in effect.

 

Article 16. Enforcement of collective agreements and bargaining

16.1    Collective agreements and bargaining shall be valid and effective upon completion of registration as specified in Article 15.

16.2    Changes in the location, management structure, or organization of a business entity or organization shall not be grounds for terminating a collective agreement or bargaining.

16.3    In the event of the reorganization of a business entity or organization, or a change of ownership, matters pertaining to the renewal of, or amendments to, a collective agreement or bargaining shall be resolved by negotiation between the representatives of the employer and the employee.

16.4    In the event of the dissolution of a business entity or organization in accordance with the law, the provisions of the applicable collective agreement or bargaining shall be followed.

16.5    Matters pertaining to amendments to a collective agreement or bargaining shall be resolved by agreement between the parties in accordance with the provisions of the relevant contracts and bargaining and, if there are no provisions with respect to such matters in the collective agreements or bargaining, the negotiation process used in the conclusion of such collective agreement or bargaining shall be followed.

 

Article 17. Monitoring of collective agreements and bargaining by the parties

17.1    The enforcement of a collective agreement shall be monitored by the parties or the representatives of the parties.

17.2    The enforcement of bargaining established at the aimag, capital city, soum or district levels shall be monitored by the parties, or the representatives of the parties, and the state central administration organization in charge of labor issues or the Governor of the relevant aimag, capital city, soum, or district.

17.3    In the course of monitoring, the parties shall exchange all information in their possession which is relevant to the collective agreement or bargaining.

17.4    The parties individually or jointly shall evaluate enforcement of the collective agreement or bargaining bi-annually, or at the times specified in the collective agreement or bargaining, and shall inform all employees of the results of the evaluation.

 

Article 18. Relations regulated by collective agreements

18.1    The following matters, to the extent that they are not specifically regulated in this law, shall be regulated by the applicable collective agreement:

18.1.1. establishing or rising the amount of an employee’s basic salary. Establishing or changing its nature or form, the salary distribution date conditions and requirements with respect to extra pay, additional pay, bonuses, pension benefits, other benefits. To set and change the amount of compensation, labor norms and standards and to determine the amount of food, transportation and other compensation to be provided to employees.

18.1.1 establishing or raising the amount of an employee’s basic salary, establishing or changing its nature or form, the salary distribution date, conditions and requirements with respect to extra pay, additional pay, bonuses, pension benefits, other benefits, the amount of the payment, and work-related requirements such as production norms and quotas;

18.1.2 special training and retraining requirements, training for a new occupation, and guarantees of employment;

18.1.3 establishing a schedule of working hours and breaks;

18.1.4 improving occupational safety and sanitary conditions for employees, such as pregnant women and people with disabilities;

18.1.5 protecting the legal rights and interests of employees in the event of reorganization or privatization of the employer’s business entity or organization, or its branches or units;

18.1.6 adjusting compensation based on the rate of inflation or decreases in the currency exchange rates;

18.1.7 determining of the amount of the employer’s required contribution to social benefits programs;

18.1.8 meeting the standards and requirements of ecological safety, labor safety and sanitation;

18.1.9 providing for lessening the work load of employees who are undergoing training while working for the employer;

18.1.10     construction and utilization of apartments by a business entity or organization for the benefit of its employees; conclusion of kindergartens, pre-school day-care centers, buildings for social and cultural purposes; provision for decreasing the work load of employees with many children, or a single mother or father heading a household, or who have a Disabled child; improvement of the living standards of employees whose health has been damaged by an professional disease, acute poisoning, or an industrial accident; or disabled persons or the elderly persons who were previously employed by such a business entity or organization;

18.1.11     providing trade unions, their members, or other elected representatives of the employees, the opportunity and conditions for conducting their activities.

18.2    Rights guaranteed to employees under a collective agreement may be more favorable to the employees than rights guaranteed under this law.

18.3    Collective agreements shall contain provisions concerning the conclusion and monitoring of the contracts, notices to the respective parties, and processes for conducting negotiations, and the development of bilateral and tripartite labor relations.

 

Article 19. Relations regulated by collective bargaining

19.1    The following labor relations shall be regulated by collective bargaining:

19.1.1 general matters pertaining to labor relations policies, such as rights to social benefits, and a citizen’s labor rights and related legal interests shall be determined by a national collective bargaining;

19.1.2 general matters concerning compensation, labor conditions, organization of the employees’ labor, and production quotas or norms for employees with special skills, shall be determined by bargaining at the industrial sector level;

19.1.3 general matters concerning minimum compensation, citizens’ right to work, and related legal interests shall be determined by bargaining at the regional level;

19.1.4 general matters concerning employment and labor relations of employees of administrative or territorial units shall be determined by bargaining at the aimag, capital city, soum or district level;

19.1.5 general matters concerning labor relations of persons employed in certain specialized occupations shall be regulated by professional tariff bargaining.

 

Article 20. Parties participating in a collective bargaining

20.1    In addition to the representatives of the employer and employees specified in Sections 3.1.6. and 3.1.7 of this law, representatives of the relevant State administrative organ may participate in a collective bargaining.

20.2    Depending on the status of the participating parties, a collective bargaining may be bilateral or tripartite.

20.3    Depending on the scope of the agenda, and the status of the participating parties, a collective bargaining shall be one of the following types: at the national level – a national bargaining or sector bargaining; at the administrative or territorial unit level – a collective bargaining of the region, aimag, capital city, soum or district; at the level of a specific profession – a collective bargaining of professional tariffs.

20.4    Depending on the type of collective bargaining, the following parties shall participate in the relevant negotiations:

20.4.1 with respect to a national bargaining – the Government and the national organizations representing and protecting the rights and legal interests of the employers and employees;

20.4.2 with respect to a sector bargaining – the central State administrative organ in charge of issues of that sector and the organizations representing and protecting the rights and legal interests of the employers and employees;

20.4.3 with respect to a regional bargaining – the Governor, and the regional organizations representing and protecting the rights and legal interests of the employers and employees;

20.4.4 with respect to an aimag, capital city, soum or district bargaining – the relevant Governor and the organizations representing and protecting the rights and legal interests of the employers and employees;

20.4.5 with respect to a professional tariff agreement - the relevant State administrative organization responsible for issues with respect to the specified profession, and the organizations representing and protecting the rights and legal interests of the employers and employees.

 

CHAPTER THREE. CONTRACT OF EMPLOYMENTS

 

Article 21. Contract of employment’s

21.1    The following basic matters shall be provided for in a contract of employment:

21.1.1 name or title of the position of employment;

21.1.2 duties and responsibilities specified in the job description

21.1.3 amount of compensation;

21.1.4 conditions in which work is to be performed.

21.2    No party to a contract of employment may unilaterally amend the provisions of the contract.

21.3    In the course of negotiation of a contract of employment, if all of the basic conditions specified in Paragraph 21.1 of this law have not been agreed upon, the contract shall not be considered as established.

21.4    A contract of employment shall comply with this law and applicable collective agreements and bargaining.

21.5    If any of the terms and conditions of a contract of employment are less favorable than those in this law or applicable collective agreements or bargaining, such terms and conditions shall be invalid.

21.6    The parties may agree to terms and conditions in addition to the basic conditions specified in Paragraph 21.1 of this law.

21.7    A contract of employment shall become effective on the date it is signed.

 

Article 22. Independent contracts

22.1    An employer may enter into an independent contract with an individual who has special talents or skills.

22.2    A schedule of the jobs or positions with respect to which an individual contract may be established pursuant to Paragraph 22.1 shall be established by the Member of the Government in charge of labor matters.

 

Article 23. Term of an employment contract

23.1 A contract of employment shall be a fixed-term or indefinite.

23.2 A contract of employment shall be concluded for the following period:

23.2.1.  A contract of employment shall be indefinite at the permanent work-place;

23.2.2.  A contract of employment in Section 23.2.1 for a specified term by the parties’ mutual agreement;

23.2.3. When an employee is replacing an employee (who’s/ whose) position is being retained on the basis of law or another decision – until the absent employee returns to work, with respect to seasonal or temporary jobs – for the duration of the respective work, with the newly appointed employee or an apprentice - for the probation or training term set forth by employer in the internal labour regulation.

 

 

Article 23¹. Probation period 

23¹.1. When hiring an employee, a probationary period may be set to verify that the professional skills,

            work experience and experience are suitable for the job.

23¹.2. The probationary period shall be agreed upon by the parties in the employment contract and

             the probationary period shall be up to three months.

23¹.3. If the probationary period is not specified in the employment contract, the employee shall be

            deemed to have been hired without a probationary period.

 

 

Article 23². Apprenticeship period 

23².1. An employee may be accompanied by an experienced employee in order to provide them professional skills, practical knowledge and experience.

23².2. An apprenticeship period will be up to three months.

 

Article 23³. Working part-time

23³.1. An employer may hire an employee for part-time work.

23³.2. ‘Part-time work’ shall mean that the employer assigns certain work and duties to the employee, and basing on the amount of work performed calculates a salary commensurate with the hours worked.

23³.3. In the employment contract to be concluded with a part-time employee, the parties shall mutually agree on the duties to be performed, working hours, working conditions and wages.

 

Article 24. Conclusion of a contract of employment

24.1    An employer shall conclude a contract of employment with an employee in writing form and deliver one copy of the contract to the employee.

24.2    If an employer employs several employees in one work place, he/she shall conclude a separate contract of employment with each employee.

24.3    If a contract of employment has not been concluded in writing form, the employer may not require the employee to perform any work or duties.

 

Article 25. Conclusion of an independent contract and its content

25.1    An independent contract shall be in writing form.

25.2    The term of an independent contract shall not be for more than 5 years.

25.3    An independent contract shall specify the term of the independent contract, the work to be performed by the employee, the duties of the employee, regulations for evaluation of enforcement of the independent contract, a description of any assets to be placed under the employee’s control, provisions with respect to the possession, use and disposition of such assets, compensation, employee benefits, any profit sharing arrangements with the employee, and the obligations of the employee.

25.4    If, following evaluation of an employee’s work performance pursuant to an independent contract, it is determined that an employee has performed his/her work and duties satisfactorily, the independent contract may be extended.

 

Article 26. Performance of several jobs or duties at the same time

26.1    Within the limits of established working hours, an employee may simultaneously perform other work for his/her employer, or for some other organization if permitted by the terms of his/her contract of employment, or combine his/her work or duties with other work or duties for his/her employer, or, if agreeable to his/her employer, substitute for an absent employee and, in any such case, the work load of an employee may be increased.

26.2    Except as provided in Article 28, an employee may enter into simultaneous contract of employment’s with more than one employer.

 

Article 27. Prohibitions with respect to related parties

27.1    Members of a family, or related parties, may not administer or supervise the work of other family members or relatives in any State-owned or partially State-owned entities.

 

Article 28. Working for several employers at the same time

 

28.1    An employee of a State-owned entity whose job includes the right to dispose of property of the entity, or who holds a management or supervisory position in such entity, may not simultaneously hold a similar job, or management or supervisory position, at any other entity that is conducting similar operations.

28.2    Paragraph 28.1 shall also apply to simultaneous employment.

28.3    An employee shall be liable for any loss or damage incurred by the employer as a result of a violation of this Article.

 

Article 29. Terms of annulment of a contract of employment due to legal capacity

29.1                A contract of employment between an employer and a person who does not    have legal capacity or has limited legal capacity to enter into the contract, shall be deemed to be invalid from the date such person stops performing his/her work duties.

 

Article 30. Invalidation of certain provisions of a contract of employment

30.1    A determination that any provision of a contract of employment is invalid shall not affect the validity of miscellaneous provisions of a contract of employment.

 

Article 31. Prohibiting performance of work not specified in an employment contract

31.1    An employer may not demand that an employee perform work not specified in his/her contract of employment, except as otherwise provided in this law.

 

Article 32. Temporary transfer of an employee to another job in the case of unavoidable work demand

32.1    If an unavoidable need to prevent or eliminate the consequences of a natural disaster or industrial accident arises, or, if any other unforeseen circumstance causes the interruption of the normal operations of an employer’s organization, the employer may transfer an employee to another job not provided for in the contract of employment for a period of up to 45 days.

 

Article 33. Temporary transfer of an employee to other job during idle time

33.1    During idle time, and if agreeable to the employee, an employer may transfer an employee to a job not provided for in the contract of employment within the employer’s organization or another organization.

 

Article 34. Transfer of an employee to another job for health reasons

34.1    If the relevant medical-labor commission determines that working conditions are adversely affecting the health of an employee, and if agreeable to the employee, he/she may be transferred by the employer to another job within the employer’s organization where such conditions do not exist.

 

Article 35. Retaining the job or position of an employee when he/she is not fulfilling their duties

35.1    An employee shall retain his/her job or position in the following circumstances, even though he/she is not performing their assigned duties:

35.1.1 if the employee is performing specified duties on behalf of a State organization for a period of not more than 3 months;

35.1.2 if the employee is on an annual vacation;

35.1.3 if the employee is undergoing medical examinations, or acting as a donor, or is on leave with permission of the employer or pursuant to a medical doctor’s certificate;

35.1.4 if the employee is on pregnancy, maternity or baby care leave;

35.1.5 if the employee is participating in discussions or negotiations in connection with the entrance into any collective agreements or bargaining, or is participating in a legally organized strike;

35.1.6 if the employee has been ordered to report for active duty in the army by the army activation committee;

35.1.7 such other circumstances as may be provided in this law, applicable collective agreements, or contract of employment.

35.1.8 Protected under the Witness and Victim Protection Law.

 

Article 36. Reinstatement of an employee to his/her previous job or position

36.1    An employer shall reinstate an employee to his/her previous job or position under the following circumstances:

36.1.1 if the employee has become Disabled as a result of an industrial accident, poisoning, or professional disease, and his/her contract of employment has terminated, he/she shall be reinstated within 1 month after recovering from such handicap;

36.1.2 if a court decides that an employee has been unreasonably fired and is entitled to reinstatement;

36.1.3 other occasions provided by law.

36.2    If a job or position previously performed by an employee has been abolished the employer shall employ the employee in another similar job or position, pursuant to an agreement between the employer and employee.

36.3    If, in accordance with Section 40.1.1, the job or position of an employee has been abolished, but within a period of 3 months thereafter it has been re-established, and a

determination has been made that the abolishment of the position was unreasonable, the employee shall be reinstated to such job or position.

 

Article 37. Grounds for termination of a contract of employment

37.1    A contract of employment may be terminated upon the following grounds:

37.1.1 if the parties to the contract agree to terminate it;

37.1.2 if either the employer or employee dies;

37.1.3 if the contract of employment has expired and the parties elect not to extend it;

37.1.4 if an organization, so authorized by law, so demands;

37.1.5 if a wrongly fired employee has been reinstated to his/her previous job or position;

37.1.6 if the employee has been called to active duty in the army;

37.1.7 if a court convicts an employee for a crime and imposes a penalty that prevents the employee from performing his/her work duties;

37.1.8 if the contract of employment has been terminated at the initiative of an employer or an employee.

 

Article 38. Termination of a contract of employment

38.1    A contract of employment may be terminated upon the following grounds:

38.1.1 if initiated by the employee;

38.1.2 if initiated by an employer.

 

Article 39. Termination of a contract of employment at the initiative of the employee

39.1    Except as otherwise provided in this law or the contract of employment, an employee has the right to leave his/her workplace on 30 days’ notice of termination of his/her contract of employment to the employer. In this case a contract of employment is considered to have been terminated.

39.2    A contract of employment may to be terminated prior to the time limit specified in Paragraph 39.1 of this law, if there are valid grounds for such termination or if the employer and employee agree to such termination.

 

Article 40. Termination of a contract of employment at the initiative of the employer

40.1    A contract of employment may be terminated at the initiative of the employer on any of the following grounds:

40.1.1 if the employer’s business entity or organization, or a branch or unit thereof, has been dissolved, or the job or position within it has been abolished, or the number of employees has been reduced;

40.1.2 if it has been determined that the employee cannot meet the requirements of the job or position because of lack of professional qualifications or skill, or because of health reasons;

40.1.3 if an employee reached 60 years of age and is eligible to receive a pension;

40.1.4 if an employee has repeatedly violated the employer’s disciplinary rules or has committed a serious violation which, by terms of the contract of employment, would automatically terminate the labor relations;

40.1.5 if an employee who is responsible for assets or money of the employer has acted wrongfully and, as a result, has lost the trust of the employer;

40.1.6 if an employee is elected and assigned to perform other salaried work within the employer’s organization;

40.1.7 other grounds set forth in the contract of employment.

40.2    shall terminate the contract of employment of any new employee employed to perform the work of the dismissed employee and, if reasonably possible, shall provide such new employee with other work.

40.3    An employer may not otherwise terminate a contract of employment with an employee whose job or position has been retained unless the employer’s business is dissolved.

40.4    A change of ownership or management of a business entity or organization shall not be grounds for termination of a contract of employment.

40.5    Notice of termination of a contract of employment pursuant to Sections 40.1.1 or 40.1.2 shall be given to the employee at least one month prior to such termination. Notice of termination of all employees because of the dissolution of a business entity or organization shall be given to the relevant representatives of the employees at least 45 days prior to such dissolution and the employer and such representatives of the employees shall thereafter enter into appropriate negotiations as provided in this law.

 

Article 41. Grounds for termination of an independent contract

41.1    In addition to the grounds otherwise provided in this law, an independent contract may be terminated at the initiative of an employer on the following grounds:

41.1.1 if, following an evaluation, the employer has determined that the employee has not, without a good reason, satisfactorily performed his/her work under the independent contract;

41.1.2 if, in violation of Article 28, the employee has entered into a simultaneous contract of employment or independent contract with another employer;

41.1.3 if ownership of the employer’s organization or entity has been transferred to another owner;

41.1.4 if it is established that the employee has inefficiently or wastefully dealt with the employer’s assets for which he/she was responsible, or that he/she wasted assets which were transferred to him under the contract, or that he/she has exceeded the authority granted to him by the employer.

41.2    In case of termination of a contract pursuant to Section 41.1.3, the employer shall notify the employee at least 2 months prior to such termination and pay the employee an amount equal to not less than his/her average compensation for a three-month period.

 

Article 42. Dismissal compensation

42.1    An employer shall pay to an employee whose contract has been terminated on the grounds specified in Sections 37.1.6, 40.1.1, 40.1.2 or 40.1.3 additional compensation in an amount equal to at least the employee’s average compensation for one month.

42.2    In the case of a general termination of a large number of employees, additional compensation to be paid by an employer to the employees shall be agreed to by the employer and representatives of the employees.

42.3    The Government shall approve general procedures governing the issuance of one-time allowances specified in Paragraph 42.1 of this law by budgetary entities.

 

Article 43. Termination of employment and transfer of the employee’s duties

43.1    When terminating a contract of employment with an employee, the employer shall establish a time for the transfer of the employee’s duties to the new employee who is assuming these duties, and specify that time in the decision on termination of employment of the employee.

43.2    A contract of employment shall be deemed to be terminated when the employee has completed the transfer of his/her duties to the new employee.

43.3    The employer shall provide the terminated employee with the decision on termination, his/her social insurance records and, if required by law, with termination compensation on the date of termination.

43.4    If requested by the employee, the employer shall provide the employee with a letter of reference concerning the nature of his/her occupation, profession, specialization, position and remuneration.

 

Article 44. Temporary suspension

44.1    If legally required by an authorized authority, an employee may be temporarily suspended from holding his/her job or position and payment of compensation to the employee may be halted.

 

Article 45. Training in the workplace

45.1    An employer shall provide employees with opportunities to acquire professional skills and provide for retraining courses.

45.2    Theoretical and practical training in the workplace may be given during work hours.

 

Article 46. Social insurance

46.1    Unless otherwise provided by law, an employer must provide for social and health insurance for employees employed under a contract of employment and must withhold premium payments each month as required by law.

46.2    The employer shall open social and health insurance record books for each employee when the contract of employment is established and maintain records of monthly social and health insurance withholding and related fees in accordance with applicable regulations.

46.3    If an employee is engaged in seasonal work, social and health insurance payments, based on the minimum compensation for that occupation required by law, shall be paid by the employer during the off-season on behalf of basic employees who work full time during the relevant season.

46.4    Social insurance and health insurance withholding and fees with respect to an employee working for a foreign business entity or organization pursuant to a contract of employment shall be withheld and paid as provided by law.

 

CHAPTER FOUR. COMPENSATION

 

Article 47. Compensation

47.1    Compensation consists of basic wages, additional pay, extra pay, awards and bonuses.

 

Article 48. Compensation regulation

48.1    Minimum compensation shall be determined by law.

48.2    A reference book showing levels of compensation and production norms for specific professions and jobs shall be prepared by the state central administration organization in charge of labor matters on the grounds of proposals made by national organizations representing and protecting the rights and legal interests of employers and employees.

48.3    An employer shall adopt the following regulations in accordance with applicable laws, collective agreements and bargaining:

48.3.1 a list of jobs and positions;

48.3.2 a reference book of jobs and position descriptions;

48.3.3 production norms;

48.3.4 basic compensation and eligibility requirements for additional pay, extra pay, awards and bonuses.

 

Article 49. Principles and forms of payment of compensation

49.1    Compensation may be based on an hourly wage, by the results of work performed, or by other criteria.

49.2    Male and female employees performing the same work shall receive the same compensation.

49.3    Higher compensation may be paid for work performed requiring specialization, knowledge, or a profession.

49.4    The parties may agree on the amount of salary to be paid within the period specified in Articles 23 and 23 of this law.

49.5    Part-time employee’s salary amounts shall be the same as full-time employees in the same job.

49.6    Part-time employees shall be paid on the basis of the amount of work performed and the number of hours worked.

49.7    If the non-compliance with labor norms is not due to the fault of the employee, the difference between the salary and the basic salary shall be reimbursed.

49.8    If an employee fails to comply with the labor norms through his/her own fault, he/she shall be paid a salary commensurate with the work performed.

 

Article 50. Additional pay

50.1    In addition to basic compensation, additional pay may be paid to an employee based on work performance.

50.2    Additional pay shall be calculated based on the employee’s basic compensation and shall be determined and paid under the following circumstances: where the employee, in addition to his/her basic duties, has been simultaneously performing another job or position, or has substituted for an absent employee, or performed additional duties not specified in his/her job description, or has performed work other than during normal working hours.

50.3    Additional pay shall be determined in accordance with the applicable collective agreement and shall be agreed to by the employee.

 

Article 51. Extra pay

51.1    Extra pay for work performed under special conditions or requiring specialized knowledge shall be determined and paid in accordance with the provisions of the applicable collective agreement, taking into account the employee’s job description.

 

Article 52. Additional pay for working on public holidays

52.1.   If an employee works on a public holiday, and is not given another day off from work for each such day, he/she shall receive compensation for such work at double the rate of his/her average compensation.

 

Article 53. Additional pay for working overtime or on weekly rest days

53.1    If an employee works overtime or on weekly rest days, and has not been given another rest day for each such day, he/she shall receive compensation for such work in an amount equal to at least one and one-half times his/her average compensation.

53.2    Additional pay determinations provided for in Paragraph 53.1 shall be governed by applicable collective and contract of employments.

 

Article 54. Additional pay for working during night hours

54.1    If an employee works during night hours, and is not given equivalent periods of rest during normal business hours, he/she shall receive extra compensation in accordance with the provisions of applicable collective and contracts of employments.

 

Article 55. Regular vacation compensation

55.1    During the regular vacation of the employee, he/she shall be given a regular vacation payment.

55.2    The amount of the regular vacation payment shall be established in the applicable collective or contract of employment based on the average compensation of the employee for that working year.

 

Article 56. Idle time compensation

56.1    If an employee, through no fault of his/her own, cannot be transferred to another job during a period of idle time with respect to the employer’s business, he/she shall receive compensation in an amount specified in the applicable collective agreement.

56.2    The idle time compensation determined by the collective agreement shall be equal to at least 60 percent of the employee’s basic compensation and shall not be less than the minimum compensation payable for the job description.

56.3    If the idle time is caused by actions of the employee, he/she shall not be entitled to receive any idle time compensation.

56.4    If, during idle time, the employee performs other work for the employer, he/she shall be paid according to the work performed, but in no event shall such payment be less than his/her previous average compensation.

56.5    If, during idle time, an employee refuses to perform another job without a good reason, he/she shall not be entitled to receive idle time compensation.

 

Article 57. Compensation during a time when an employee is temporarily transferred to other work due to an inevitable need

57.1    If an employee has been transferred to another job pursuant to the provisions of Article 33 and his/her previous compensation has been reduced because of such transfer, he/she shall be entitled to receive, in addition to his/her compensation for the actual work performed, the difference between his/her new compensation and previous compensation.

 

Article 58. Compensation of an employee under 18 years of age

58.1    Compensation of an employee under the age of 18 may be calculated on a piecework grounds or at an hourly rate and, in addition, reduced hours shall be considered hours worked and he/she shall be paid his/her basic hourly compensation for such reduced hours.

 

Article 59. Payment during transfer of duties

59.1    During the transfer of duties of an employee, he/she shall continue to be paid compensation by his/her previous employer.

59.2    If the time allotted for transfer of duties expires through the fault of the employer, the employee shall continue to be compensated until the transfer has been completed.

59.3    If the time allotted for transfer of duties is not sufficient through the fault of the employee, he/she shall not be entitled to receive compensation for the time required to complete the transfer.

 

Article 60. Time for compensation payments

60.1    Compensation of an employee shall be paid at least twice a month, on specified dates.

60.2    Compensation may be paid on an hourly, daily or weekly calculation grounds.

60.3    Advances may be given to an employee at his/her request.

 

Article 61. Forms of compensation

61.1    Basic compensation, additional pay, extra pay, and other payments shall be paid in cash.

 

Article 62. Notification of changes in compensation

62.1    If, pursuant to the terms of a collective agreement, an employer decides to change the amount or form of compensation of his/her employees, he/she shall notify his/her employees at least 10 days prior to implementing the change and shall also make appropriate changes in any relevant contract of employments.

 

Article 63. Deductions from compensation - limitations on amount

63.1    Deductions from an employee’s compensation may only be made in the following circumstances:

63.1.1 an employer may assert a claim that an employee must pay for loss or damage caused by the employee in an amount up to but not exceeding the average monthly compensation of the employee;

63.1.2 other cases as provided by law.

63.2    A deduction from an employee’s monthly compensation may not exceed 20% of such compensation (excluding withheld income taxes) except that, in the case of child support payments, or where there are multiple deduction claims, the aggregate amount of such deductions shall not exceed 50% of the employee’s monthly compensation.

63.3    If the employee disputes the employer’s deduction claim, or the calculation of the amount proposed to be deducted, he/she may file a complaint with the relevant labor dispute settlement committee.

63.4    Claims for deductions that exceed the employee’s average monthly compensation shall be submitted to the court.

63.5    If an employer has made illegal deductions from an employee’s compensation, the employee may file a complaint with the relevant labor dispute settlement committee.

 

Article 64. Special allowances and payments for an employee whose position is being retained

64.1    When an employee is undergoing a medical examination, or acting as a blood donor as provided in Section 35.1.3; or is engaged in the negotiation or conclusion of collective agreements or bargaining as provided in Section 35.1.5; or in the cases specified in Sections 35.1.1 and 35.1.6, he/she shall continue to be entitled to receive his/her average monthly compensation.

64.2    Allowances and payments payable in the cases specified in Article 35, except as otherwise provided in Paragraph 64.1, shall be governed by this law, related laws, collective agreements and bargaining and contract of employments.

 

Article 65. Compensation in the case of a transfers to another location

65.1    When an employee is transferred to another organization in another aimag, city, soum or khoroo, transportation expenses and per diem allowances for the employee and his/her family shall be paid by the organization to which the employee is transferring.

 

Article 66. Payments during absence from work due to a good reason

66.1    An employee who fails to come to work due to a disaster, danger or other valid reason shall be paid 50 percent of his/her basic salary.

66.2    If the employee is engaged in remedial activities related to the consequences of any such disaster or public disturbance specified in Paragraph 66.1, he/she shall be entitled to receive his/her basic compensation.

 

Article 67. Compensation during reduced hours of work

67.1    Reduced hours of work of an employee, as provided in Sections 71.1, 71.2, and 71.4, shall be considered hours worked and the employee shall be entitled to receive compensation based on his/her average compensation rate.

67.2    An employee whose hours of work have been reduced as provided in Paragraphs 71.3 and 71.5, shall be entitled to receive compensation calculated on the grounds of his/her average compensation over the previous six months.

 

Article 68. Difference in compensation of an employee transferred to another job not contrary to his/her health

68.1    If a pregnant or breast-feeding employee is transferred to other work for health reasons, and her compensation is reduced because of the nature of the work to which she has been transferred as specified in Paragraph 107.1, she shall be entitled to receive, in addition to her new compensation, the difference between her new compensation and previous compensation.

68.2    If an employee is transferred to other work for health reasons, as provided in Article 34, and his/her compensation has been reduced because of the nature of the work to which he/she has been transferred, he/she shall be entitled to receive, in addition to his/her new compensation, the difference between his/her new compensation and their previous average compensation for the previous six months.

 

Article 69. Payments for unjustified dismissal or transfer

69.1    If an employee is subsequently reinstated to his/her previous job or position as provided in Section 32.1.2, he/she shall be entitled to receive, with respect to the period he/she was out of work or working at a reduced rate of compensation, the compensation at his/her previous compensation rate or the difference between his/her previous compensation rate and reduced compensation rate.

 

CHAPTER FIVE. HOURS OF WORK AND REST

 

Article 70. Work hours

70.1    The hours of work per week shall not exceed 40 hours.

70.2    The length of a normal working day shall not exceed eight hours.

70.3    The period of uninterrupted rest between two consecutive working days shall not be less than 12 hours.

 

Article 71. Reduction of work hours

71.1    The hours of work per week of employees of 14 to 15 years of age shall not exceed 30 hours, and for employees 16 to 17 years of age and employees with disabilities shall not exceed 36 hours.

71.2    If, following an evaluation of an employer’s workplace by labor standards organization or professional organization, an authorized organization has made a determination with respect to abnormal working conditions, the employer shall adjust his/her work hours to conform to such determination.

71.3    The hours of work of an employee shall be reduced if ordered by the relevant medical - labor committee.

71.4    The employer shall reduce the work hours of employees who are attending an industrial professional training or retraining course.

71.5    Work hours may be reduced for people with disabilities, with consideration of their opinion, depending on the nature of work they are performing.

 

Article 72. Night hours

72.1    The period from 10 pm to 6 am, local time, shall be considered night hours.

 

Article 73. Aggregation of hours of work

73.1    If, depending on the nature of the work, it is impossible to follow daily or weekly working hours, working hours may calculated on the grounds of aggregate hours worked.

73.2    Aggregate hours calculated pursuant to Paragraph 73.1 shall not exceed the aggregate number of hours the employee would have worked based on normal daily or weekly working hours.

73.3    The Government shall promulgate regulations governing the calculation of aggregate hours of work.

73.4    Following the permitted practice of calculating aggregate working hours shall not limit the employee’s vacation rights or adversely affect calculation of the timing of social benefit withholding payments.

 

Article 74. Prohibitions with respect to overtime work

74.1    If, at the initiative of the employer, the hours of work per day exceed the hours per day established in the relevant internal labor regulations, it shall be deemed overtime work.

74.2    Unless otherwise agreed in the relevant collective agreement or contract of employment, compelling an employee to perform overtime work is prohibited, except in the following circumstances:

74.2.1 if an employer requires an employee to perform work necessary for the defense and protection of the country, or to preserve human life or health;

74.2.2 to prevent disasters, catastrophes and accidents and to eliminate their consequences immediately;

74.2.3 if it is necessary to perform work to prevent disruption of water, electric, heating supply, transportation or communication facilities;

74.2.4 if urgent and unforeseen circumstances require that work be completed without delay in order to prevent disruption of the normal functions of a business entity or organization, or its branches or units.

74.3    An employee shall not be compelled to work two consecutive work-shifts.

 

Article 75. Breaks for rest and meals

75.1    An employee shall be given work-breaks for eating and resting.

75.2.   The time for starting and finishing breaks shall be established by relevant internal labor regulations.

75.3.   An employee who cannot have a break due to a feature or the nature of the work or duties, shall be provided by an employer with an opportunity to have a meal.

 

Article 76. Public holidays

76.1    The following are designated as public holidays:

76.1.1 New Year’s Day: 1 January;

76.1.2 White Moon Festival: three days, the beginning of the first spring month according to the lunar calendar;

76.1.3 Mothers’ and children’s day: 1 June;

76.1.4 National Naadam holiday. Anniversary of the Mongolian People’s Revolution: 11, 12 and 13 July;

76.1.5 National Naadam Festival, Anniversary of Mongolian People’s Revolution 11, 12, 13, 14 and 15 July;

76.1.6 Revoked;

76.1.7 Birthday of Genghis Khan. The first day of the first winter month by the lunar calendar;

76.1.8 Independence Day of Mongolia: 29 December;

76.1.9 Republic Day: 26 November;

76.1.10     Buddha's Great Equinox Day: the 15^th day of the first summer month of the lunar calendar.

 

Article 77. Weekly days of rest

77.1    Saturday and Sunday are public days of rest.

77.2    When an employee is not able to rest on Saturday and Sunday due to the specific nature of his/her work, he/she shall be given two consecutive rest days on other days of the week.

 

Article 78. Work restrictions on public holidays and rest days

78.1    An employer may not require an employee to perform work on public holidays or rest days except in the following circumstances:

78.1.1       under circumstances provided for in Sections 74.2.1, 74.2.2, 74.2.3 and 74.2.4 of this law;

78.1.2       where continuous production must be maintained, work in connection with the provision of public services, urgent repair work, or loading and unloading activities that cannot be postponed.

78.2    An employee may agree with his/her employer to work during public holidays and on weekly days of rest.

78.3    In circumstances referred to in Paragraph 78.2, another rest day may be provided to the employee or added to the period of his/her annual vacation.

 

Article 79. Regular vacation

79.1    An employee shall be entitled to an annual vacation.

79.2    The basic period of an annual vacation shall be 15 working days.

79.3    The basic period of an annual vacation of the employees under 18 years of age and employees with disabilities shall be 20 working days

79.4    An employee may take his/her annual vacation in separate parts during the year.

79.5    In addition to the basic annual vacation, employees working under normal working conditions shall be awarded additional vacation days based on length of employment as follows:

79.5.1 6-10 years of work, 3 working days;

79.5.2 11-15 years of work, 5 working days;

79.5.3 16-20 years of work, 7 working days;

79.5.4 21-25 years of work, 9 working days;

79.5.5 26-31 years of work, 11 working days;

79.5.6 32 or more years of work, 14 working days.

79.6    In addition to the basic vacation, depending on employees’ years of service and labor conditions shall be given additional vacation days based on the length of employment as provided in the collective agreement as follows:

79.6.1.      6-10 years of work, at least 5 working days

79.6.2.      11-15 years of work, at least 7 working days

79.6.3.      16-20 years of work, at least 9 working days

79.6.4.      21-25 years of work, at least 12 working days

79.6.5.      26-31 years of work, at least 15 working days

79.6.6.      32 or more years of work, at least 18 working days

79.7    Supplemental vacation days for civil servants shall be established by other relevant laws.

 

Article 80. Granting leave

80.1    If requested by the employee, an employer may grant leave to the employee.

80.2.   The criteria for providing payment during this leave shall be determined by relevant internal labor regulations, collective agreements and contract of employment.

 

CHAPTER SIX. WORKING CONDITIONS, SAFETY AND SANITATION STANDARDS

 

Article 81. Classification of working conditions

81.1    Working conditions shall be classified as normal or abnormal.

81.2    An employer shall retain an authorized professional organization to evaluate workplace conditions.

81.3    Regulations governing the conclusion of pensions with special concessions for employees working under abnormal working conditions shall be adopted by law.

 

Article 82. Conclusion of labor safety and sanitation standards

82.1    The organization in charge of standards, in co-operation with the state central administrative organ in charge of labor issues, shall establish labor safety and sanitation standards, in accordance with relevant legislation.

82.2    Common regulations concerning labor safety and sanitation shall be approved by the state central administrative organ in charge of labor issues.

 

Article 83. General workplace requirements

83.1    The organization of work shall meet the requirements of the relevant production technology and comply with applicable safety and sanitation requirements.

83.2    Toxic or hazardous chemical, physical, or biological conditions in the workplace shall not exceed the permitted labor and sanitation standards established by the organization specified in Paragraph 82.1.

83.3    The workplace of the employee shall be equipped as specified in applicable sanitation standards.

 

Article 84. Requirements for production buildings and facilities

84.1    The design of production buildings and facilities, and proposals for construction, renovation, expansion and the hand-over for use of such facilities, shall be approved and licensed by the relevant professional organization in charge of labor safety and sanitation.

 

Article 85. Requirements in the case of joint ownership of production buildings and facilities

85.1    If production buildings or facilities are owned by two or more employers, the owners shall ensure that the following requirements are met:

85.1.1 the owners shall jointly establish and implement safety regulations;

85.1.2 if hazardous or toxic chemicals, poisons, explosives, or radioactive or biologically active substances are used in the course of production, the owners of the buildings and facilities shall inform each other and take measures to ensure compliance with applicable safety regulations.

85.2    If the requirements specified in Paragraph 85.1 are not met, joint ownership of the production buildings and facilities shall be prohibited.

 

Article 86. Requirements with respect to machinery and equipment

86.1    Machinery and equipment shall be used in accordance with applicable safety regulations and a technical manual shall be maintained for such machinery and equipment.

86.2    The installation of machinery and equipment, and continued use after major repairs have been made to such machinery and equipment, must be examined and approved by the relevant professional monitoring organization.

86.3    Machinery for lifting and transportation, as well as pressurized containers, pipes and channels, must be periodically tested and certified as safe, in accordance with the relevant regulations.

86.4    Electrical equipment must be installed as specified in applicable project documents and comply with all applicable use and safety requirements.

 

Article 87. Requirements for special work garments and protective equipment

87.1    If the nature of an employee’s work so requires, an employer shall provide the employee with appropriate special work garments and protective equipment in compliance with applicable safety and sanitation requirements.

87.2    The employer shall clean, disinfect, and repair the special work garments and protective equipment.

 

Article 88. Requirements with respect to chemical, poisonous, explosive, radioactive, and biologically active substances

88.1    An employer shall inform the labor monitoring organization, and other relevant professional organizations, of the employer’s use of chemical, poisonous, explosive, radioactive, or biologically active substances in production and shall comply with applicable regulations established by such authorized organizations.

 

Article 89. Fire safety requirements

89.1    An employer shall adopt and comply with internal fire safety rules.

89.2    Business units and organizations with fire alarm systems and fire extinguishers shall keep such equipment in constant working order and train their employees in the use of such equipment.

89.3    An employer shall take all required measures necessary to prevent fire in the course of production.

 

Article 90. Requirements with respect to work under unfavorable weather conditions

90.1    In compliance with applicable labor standards, an employer shall establish, equip and make comfortable a special place for employees who work outdoors or in building without heat, to rest and warm up during break times.

 

Article 91. Provision of favorable working conditions

91.1   An employer shall provide an employee with favorable working conditions and ensure that chemical, physical and biological conditions resulting for production processes will not have a negative impact on safety, sanitation, or the natural environment.

91.2   An employer shall provide employees working under abnormal working conditions with protective equipment, special working garments, and antidotes for poison.

91.3   An employer shall specify in annual work plans and collective agreements the amount of funds to be spent to ensure compliance with applicable safety and sanitation requirements.

 

Article 92. Health examinations

92.1    An employer shall arrange for employees to receive regular preventative health examinations necessary for and related to their work performance in accordance with regulations promulgated by authorized organizations.

92.2    Expenses with respect to the health examinations referred to in Paragraph 92.1 shall be borne by the employer.

 

Article 93. Offices and councils in charge of labor safety and sanitation issues

93.1    A business entity or organization shall have an appointed employee, or a council consisting of representatives of the employer and employees, in charge of safety and sanitation issues.

93.2    Regulations governing labor safety and sanitation requirements shall be adopted by the state administrative central organ in charge of labor issues.

 

Article 94. Suspension of work in the case of conditions with a negative influence on life and body

94.1    If, in the course of performance of his/her work, the production safety regulations have been violated, or any situation which threatens his/her life or health occurs, an employee shall stop work and notify the employer of the circumstances.

94.2    An employer shall immediately take steps to correct the violations and conditions, specified in Paragraph 94.1 of this law.

 

Article 95. Registration of industrial accidents, occupational diseases, and acute poisonings

95.1    An employer shall immediately, and at the employer’s expense, transport an employee who has been injured in an industrial accident to a hospital and shall take steps to correct the cause and results of the accident.

95.2.   In accordance with regulations adopted by the Government, an employer shall investigate and report every industrial accident and appoint a steering committee to determine the cause of the accident.

95.3    The findings of the committee with respect to the industrial accident shall be reviewed and approved by the state labor inspectors.

95.4    If an employer does not comply with the provisions of Paragraphs 95.2 and 95.3, or if an employee does not agree with the conclusions as to the cause of the industrial accident, the employee may submit his/her views to the relevant state labor supervisory authority.

95.5    An employer shall be obliged to implement the decision made upon the consideration of such complaint pursuant to Paragraph 95.4 of this law.

95.6    The business entity or organization where the accident happened shall be responsible for the expenses incurred in connection with the investigation and reporting of the industrial accident.

95.7    Occurrences of occupational diseases and acute poisoning shall be considered as equivalent to industrial accidents, and the relevant labor supervisory authority shall investigate and report such occurrences and shall take such other measures as may be appropriate.

95.8    An employer shall provide all pertinent information the employer has concerning an industrial accident, or the occurrence of an occupational disease or poisoning.

95.9    Concealment of the occurrence of professional diseases, poisoning or industrial accidents is prohibited.

95.10  Regulations governing the investigation and registration of industrial accidents or the occurrence of professional diseases or poisoning shall be approved by the Government.

 

Article 96. Professional diseases

96.1    The state central administration organization in charge of health issues shall publish a list of professional diseases.

96.2    The criteria for defining an occupational disease shall be determined by the relevant professional organization.

 

Article 97. Compensation for damage caused by industrial accidents, poisoning or professional diseases

97.1    Without taking into account whether an employee was covered by insurance for injuries sustained as a result of an industrial accident, professional disease, or acute poisoning, an employer shall compensate such employee, or the employee’s family if the employee has died as a result of the industrial accident, professional disease, or poisoning, in the following manner:

97.1.1 an employee who has lost up to half of his/her ability to work because of an industrial accident, professional disease or poisoning, shall be paid compensation in an amount equal to his/her average monthly compensation for a period of not less than nine months; and an employee who has lost all ability to work shall be paid compensation equal to his/her average monthly compensation for a period of 18 months;

97.1.2 the family of an employee who has died because of an industrial accident, poisoning, or occupational disease, shall be paid compensation equal to not less than the deceased employee’s average compensation for 36 months.

97.2    Provision of compensation pursuant to Paragraph 97.1 shall not affect the pensions or other benefits to which an injured employee may be entitled under social insurance law or other laws.

97.3    Collective agreements shall provide for the indexing of compensation payable to changes in the minimum standard of living.

 

Article 98. Labor and Medical Examination Commission

98.1    Determinations as to the reason for and extent of impairment of an injured employee with respect to the performance of his/her work shall be made by the Labor and Medical Examination Commission.

98.2    The charter of the Labor and Medical Examination Commission shall be adopted by the Government.

 

Article 99. Suspension and termination of activities of business units and organizations that fail to meet labor safety and sanitary standards

99.1    If it is determined that the activities of a business entity or organization are having an adverse impact on the health or safety of employees, the relevant labor supervisory authority, or an authorized state supervisor, may direct the employer to take appropriate action to remedy this condition.

99.2    If the adverse conditions referred to in Paragraph 99.1 are not remedied by the employer, the relevant labor supervisory authority or authorized state supervisor may order termination of the employer’s business activities or suspension of such activities until the conditions have been remedied or may terminate such business activities permanently.

 

CHAPTER SEVEN. EMPLOYMENT OF WOMEN

 

Article 100. Prohibition on dismissing pregnant women, mothers of children under the age of three (and single fathers)

100.1  An employer may not terminate the employment of a pregnant woman or a woman with a child under three years of age except in the event of dissolution of the employer’s business entity or organization or under circumstances described in Sections 40.1.4 and 40.1.5.

100.2  Paragraph 100.1 of this law shall also apply to a single father with a child under three years of age.

 

Article 101. Work prohibited to be performed by women

101.1 A list of work that women are prohibited to perform shall be approved by the member of the Government responsible for labor matters.

 

Article 102. Restriction on night and overtime work and assigned trips

102.1  Without first obtaining the employee’s consent, an employer may not require a pregnant woman, or a mother of a child under eight years of age, or a single mother of a child under 16 years of age, to work at night, or to perform overtime work, or to take trips away from the locality of her workplace.

102.2  Paragraph 102.1 of this law shall also apply to a single father with a child under 16 years of age.

 

Article 103. Provision of breaks for breast-feeding and child care

103.1  In addition to the regular rest breaks to which an employee is entitled, an additional break of two hours for child care and feeding shall be provided to a woman with a child under six months of age or with twins under one year of age; and an additional break of one hour shall be provided to a woman with a child between the ages of six months and one year, or with a child who is more than one year of age but needs special care as determined by relevant medical authorities.

103.2  Paragraph 103.1 of this law shall also apply to a single father with a child.

103.3  The additional break times for feeding and caring of children shall be deemed to be, and included in, the calculation of the employee’s hours of work.

 

Article 104. Maternity leave

104.1  A mother shall be granted maternity leave for a period of 120 days.

104.2  The maternity leave specified in Paragraph 104.1 shall also be granted to a woman who has delivered a stillborn child or has interrupted a pregnancy pursuant to hospital procedures after the 196^th day of pregnancy, or to a woman who has delivered a baby before the 196^th day of pregnancy who is able to live.

104.3  If a woman employee has a stillborn child, or has interrupted a pregnancy pursuant to hospital procedures before the 196th day of pregnancy, she shall be entitled to sick leave in accordance with applicable regulations.

 

Article 105. Leave for an employee who has adopted a new-born child

105.1  A mother who has adopted a new-born child shall be entitled to the same leave as a mother who gives birth to a child, until the child reaches 60 days of age.

105.2  Paragraph 105.1 of this law shall also apply to a single father who adopts a new-born child.

 

Article 106. Child care leave

106.1  At the request of an employee who is a mother with a child under three years of age, an employer shall grant her child care leave.

106.2  On the expiration of the period of child care leave, or prior to such expiration if requested by the employee, the employer shall allow the mother to resume her previous work or position and, if her work or position has been eliminated or the staff has been reduced, the employer shall assign her to another job or position.

106.3  Paragraphs 106.1 and 106.2 shall also apply to a single father with a child under three years of age or a single person who has adopted a child under three years of age.

 

Article 107. Reduction of hours of work, or transfer to another job, of a pregnant woman or a woman who is breast-feeding a child

107.1 The working hours of a pregnant woman, or a woman who is breast-feeding a child, shall be reduced, or she shall be transferred to other work not hazardous to her health, if relevant medical authorities determine that such action is appropriate.

 

Article 108. Limitations on the weight carried by women

108.1 A woman employee may not be required to lift or carry loads that exceed weight limitations established by the member of the Government responsible for labor matters.

 

CHAPTER EIGHT. EMPLOYMENT OF MINORS, PEOPLE WITH DISABILITIES, AND ELDERLY PERSONS PEOPLE

 

Article 109. Employment of minors

109.1  A person who reaches 16 years of age has the right to conclude a contract of employment.

109.2  Except as otherwise provided in Paragraph 109.5, a person who reaches 15 years of age may conclude a contract of employment, if permitted by his/her parents or guardians.

109.3  A person who has attained 15 years of age may enter into an employment agreement with the consent of his/her parents or guardians and approval of the state central administrative body in charge of labor matters.

109.4  An employer shall not employ a minor in a job which will adversely affect his/her intellectual development or health.

109.5  A list of work for which a minor may not be employed shall be established by the member of the Government responsible for labor matters.

109.6  Conclusion of an employment agreement with minors in cases other than those specified in Paragraphs 109.1 and 109.3 of this law shall be prohibited.

 

Article 110. Protection of the health of a minor employee

110.1  A minor employee may be employed subject to the approval of the relevant medical authority after he/she has undergone a medical examination, and further biennial medical examinations shall be required until he/she reaches 18 years of age.

110.2  A minor employee may not be required to perform overtime work or to work on public holidays or weekends.

110.3  A minor employee may not be required to perform work under abnormal working conditions.

110.4  A minor employee may not be required to lift or carry loads that exceed weight limitations established by the member of the Government responsible for labor matters.

 

Article 111. Employment of people with disabilities

111.1  Business entities and organizations with more than 25 employees shall employ in four percent and more of their jobs and positions and people with disabilities;

111.2  If a business entity or organization fails to employ people with disabilities set forth in Paragraph 111.1 of this law, it shall pay a monthly payment for each position to be filled.

111.3  The payment referred to in Paragraph 111.2 of this law shall be set by the Government depending on the number of employees of the business entity or organization and the total amount of payments.

111.4  The payment referred to in Paragraph 111.2 of this law shall be deposited in the employment promotion fund and spent to finance promotion of employment of people with disabilities.

111.5  It shall be prohibited to refuse to hire a people with disabilities for that reason unless his/her physical condition does not impede his/her employment or his/her working conditions do not contradict him/her.

111.6  If the business entity or organization pays the set fee continuously for 24 months, the payment for the next 12 months shall be released.

111.7  The member of the Government in charge of labor matters shall approve the list of jobs and professions suitable for persons with disabilities in a business entity or organization.

 

Article 112. Labor of the elderly persons

112.1  An elderly person who receives a pension may also perform work as an employee.

112.2  Receipt of a pension by an elderly person shall not be grounds for limiting his/her compensation.

112.3  At the request of an elderly person, an employer may reduce his/her working hours or transfer such person to work that will not adversely affect his/her health.

 

CHAPTER NINE. EMPLOYMENT OF FOREIGN CITIZENS AND CITIZENS WORKING IN FOREIGN BUSINESS UNITS OR ORGANIZATIONS

 

Article 113. Employment of foreign citizens

113.1  An employer may employ a foreign citizen pursuant to a contract of employment.

113.2  Regulations governing the employment of foreign citizens in Mongolia in accordance with this law and other applicable laws shall be adopted by the Government.

113.3  Paragraphs 113.1 and 113.2 shall also apply to stateless persons.

 

Article 114. Employment of citizens working for foreign business entities and organizations

114.1  Foreign business units and organizations conducting activities within the territory of Mongolia may employ Mongolian citizens.

114.2  In the case of employment specified in Paragraph 114.1, the employer shall enter into a contract of employment with the employee in accordance with this law.

114.3  A foreign business entity or organization that employs an employee pursuant to a contract of employment shall inform the relevant authorized organization or officer responsible for labor matters about the employee’s compensation and other similar income.

 

CHAPTER TEN. REGULATION OF COLLECTIVE LABOUR DISPUTES

 

Article 115. Initiating collective labor disputes and submitting and responding to claims

115.1  Representatives of the employees shall have the right to initiate collective labor dispute processes in connection with issues that cannot be resolved during the negotiation of collective agreements and bargaining pursuant to Paragraph 12.5, and to submit claims and demands for compliance with the provisions of such contracts.

115.2  Claims and demands from one party to the dispute shall be in writing and delivered to the other party.

115.3  One copy of the claims and demands shall be delivered to the Governor of the relevant territorial unit.

115.4  A party receiving such claims and demands shall deliver a reply in writing to the other party within three working days.

 

Article 116. Reconciliation of collective labor disputes

116.1  Collective labor disputes shall be reconciled and settled in the following manner:

116.1.1     by utilizing intermediaries;

116.1.2     by having the issues resolved by a labor arbitration court.

116.2  The parties may not refuse to participate in the reconciliation procedures specified in Paragraph 116.1.

116.3  Representatives of the employees shall have the right to organize meetings and lawful demonstrations in support of their claims and demands.

116.4  Representatives of the employees, intermediaries and labor arbitrators must make every possible effort to settle collective labor disputes through the reconciliation process.

 

Article 117. Inviting intermediaries to take part in the settlement of collective labor disputes

117.1  If an employer, within the period of time specified in Article 115, does not respond to a claim or demand submitted to it, or if the representatives of the employees determine that the employer’s reply is not acceptable, an intermediary shall be invited to participate in the collective labor dispute reconciliation process.

117.2  If the parties are unable to agree with respect to the appointment of an intermediary, the Governor of the relevant soum or district shall be requested to appoint such intermediary.

117.3  Upon the receipt of such request, the Governor of the relevant soum or district shall appoint an intermediary within three working days.

117.4  The parties shall have no right to refuse to accept the intermediary appointed by the Governor.

117.5  Regulations governing settlement of collective labor disputes with the participation of an intermediary shall be approved by the Government.

117.6  An intermediary has the right to demand that the parties to the dispute provide him/her with relevant documents and information concerning the collective labor dispute.

117.7  Within five working days after the appointment of the intermediary, the parties to the dispute and the intermediary shall consider the issues and produce a written decision that they have resolved the issues or that they have been unable to reach agreement and, in either event, the intermediation process shall be deemed to be completed.

 

Article 118. Consideration of collective labor disputes by a labor arbitration court

118.1  If, following completion of the intermediation process, the parties have not come to an agreement, the Governor of the relevant territory shall, within three working days, establish a labor arbitration court and appoint arbitrators to consider the collective labor dispute.

118.2  The labor arbitration court shall consist of three arbitrators, one designated by each of the parties participating in the collective labor dispute and one by the Governor of the relevant soum or district.

118.3  The parties shall have no right to reject the arbitrator appointed by the Governor.

118.4  Representatives of the parties participating in the collective labor dispute shall not be eligible to be members of the labor arbitration court.

118.5  Within five working days after its conclusion, the labor arbitration court shall discuss the collective labor dispute with representatives of the parties and issue a recommendation.

118.6  If the parties to the collective labor dispute agree to accept and adopt the recommendation of the arbitration court, they shall conclude a settlement to this effect.

118.7  The parties shall be obliged to implement any settlement agreed to pursuant to Paragraph 118.6.

118.8  Parliament shall adopt a charter for conclusion of the labor arbitration court, based on recommendations prepared by the National Tripartite Committee of Labor and Social Consent.

 

Article 119. Exercising the right to strike

119.1  Representatives of employees have the right to strike in the following circumstances:

119.1.1     if an employer fails to participate in reconciliation measures as provided in Paragraph 116.1.

119.1.2     if an employer fails to comply with a settlement reached following processes involving the participation of an intermediary;

119.1.3     if an employer fails to comply with a settlement based on acceptance of a recommendation made by the labor arbitration court;

119.1.4     if, even though the collective labor dispute was discussed by the labor arbitration court, its recommendation was not accepted or a decision was not issued.

119.2  An employee shall participate in the strike voluntarily.

119.3  An employee may not be compelled to participate in a strike, or to not participate in a strike, or to continue a strike, or to stop a strike, except as otherwise provided by law.

119.4  Representatives of an employer may not participate in a strike or in organizing a strike.

 

Article 120. Announcing a strike or temporary denial of access to the workplace

120.1  A decision to strike shall be made at a meeting of the organization representing and protecting employees’ rights and legal interests, or a meeting of all employees.

120.2  A meeting of the employees, or a meeting of members of the organization representing and protecting the employees’ rights and legal interests, shall be deemed to have a quorum if it is attended by an overwhelming majority (two-thirds) of the employees or of the members of the organization representing and protecting the employees’ rights and legal interests.

120.3  A strike may be announced if a majority of the employees attending the meeting, or a majority of the members of the organization representing and protecting the employees’ rights and legal interests attending the meeting, approves the proposal to strike.

120.4  The following matters shall be included in an announcement of the declaration to strike:

120.4.1     the issue that has caused the strike;

120.4.2     date and time of commencement of the strike, the proposed duration of the strike, and a preliminary estimate of the number of participants;

120.4.3     the name(s) of the person(s) in charge of organizing and coordinating the strike, and the composition of the representatives of the employees who will participate in any settlement negotiations;

120.4.4     a statement concerning actions taken to ensure the health and safety of people during the strike.

120.5  The person(s) organizing a strike must deliver notice of the decision to strike to the employer at least five working days prior to commencement of the strike.

120.6  If an employer does not accept the employees’ demands, it may temporarily deny access to the workplace by employees participating in the strike.

120.7  In order to prevent an employer from temporarily employing other employees at the workplace during a strike, representatives of the employees may temporarily deny access to the workplace.

120.8  An employer shall inform customers, suppliers and other persons who may be affected by a strike or temporary denial of access to the workplace, at least three working days prior to the event.

120.9  Third parties are prohibited from participating in organizing a strike or temporary denial of access to the workplace, or in settlement negotiations, or in interfering with the disagreeing parties’ exercise of free will, except as provided in this law.

120.10            Throughout the duration of any strike, the participants must use their best efforts to resolve the disputed matters.

120.11            The party organizing a strike or temporary denial of access to the workplace must, with the assistance of relevant State organizations, take measures to ensure public order, health and safety, and protection of property.

 

Article 121. Parties which may organize, suspend and terminate a strike

121.1  A strike may only be organized by representatives of the employees.

121.2  Person(s) organizing a strike have a right to call a meeting of the employees, to be furnished by the employer with information related to the employees’ rights and legal interests, and to invite an expert to advise the employees concerning the disputed matters.

121.3  Person(s) organizing a strike have a right to temporarily suspend the strike.

121.4  The fact that a suspended strike has been resumed shall not be taken into account by the labor arbitration court specified in Paragraph 116.1 in reaching its decisions.

121.5  If a decision is made to revive the strike, the employer must be notified at least three working days prior to such revival.

121.6  A strike shall be considered terminated when the parties have signed a settlement agreement or when is has been declared illegal.

 

Article 122. Prohibition, postponement, or temporary suspension of a strike

122.1  It is prohibited to organize a strike at organizations responsible for state defense, national security, or public order.

122.2  It is prohibited to organize a strike while negotiations of a collective dispute are in process, or the dispute is being considered by an intermediary, labor arbitrator or the courts.

122.3  If a direct threat to human life and health has occurred, the court shall have the right to postpone a strike for up to 30 days or, if the strike has already commenced, to temporarily suspend it for the same time period.

122.4  If a strike at any entity responsible for the supply of public electric power and heating, public water, public transport, or international or inter-city telecommunications or railway traffic, threatens the security of the State, or the human rights or freedom of individuals, the Government may postpone the strike until the court issues a decision in this regard, but in no event for more than 14 days.

 

Article 123. Illegal strikes and denials of access to the workplace

123.1  A strike organized as a result of a collective labor dispute shall be considered illegal in the following cases:

123.1.1     if the provisions of Paragraph 119.1 have been violated;

123.1.2     if the strike has been organized at any organization specified in Paragraph 122.1;

123.1.3     if a strike has been organized in connection with matters not related to relations regulated by the collective agreement specified in Articles 18 and 19.

123.2  A party that considers the organization of a strike or temporary denial of access to the workplace to be illegal, may file a complaint with the court.

123.3  The court shall decide whether a strike or temporary denial of access to the workplace is illegal.

123.4  If the court decides that the strike or temporary denial of access to the workplace is illegal, the parties shall immediately stop such activities.

 

Article 124. Guarantee of the rights of employees involved in settlement of a collective labor dispute

124.1  Employees who are acting as intermediaries or labor arbitrators in connection with the settlement of a collective labor dispute shall be granted a leave of absence from their primary work, and shall continue to be entitled to receive their average compensation, during their participation in the settlement of the dispute.

124.2  An employer shall not fire, transfer, or impose disciplinary measures on any employee acting as an employee representative during the settlement of a collective labor dispute.

124.3  An employer shall not fire, transfer, or impose disciplinary measures on any employee who participates in a strike not declared illegal.

124.4  During the settlement of a collective labor dispute, a party may decide to provide compensation to employees who participated in the strike.

124.5  If a court determines that a strike or temporary denial of access to the workplace is illegal, an employee who has not participated in the strike, but has not been able to perform his/her work because of the strike or denial of access to the workplace, shall be entitled to receive his/her average compensation.

 

CHAPTER ELEVEN. INDIVIDUAL LABOR DISPUTES

 

Article 125. Resolution of an individual labor dispute

125.1 Individual labor disputes between an employer and an employee shall be resolved by the labor dispute settlement commission or the courts, within their respective jurisdictions.

125.2.             Individual labor disputes may be settled through mediation.

 

Article 126. Labor disputes to be resolved by the Labor Dispute Settlement Commission

126.1  The Labor Dispute Settlement Commission shall initially investigate and resolve labor disputes, except those referred to the court pursuant to law.

126.2  The charter of the Labor Dispute Settlement Commission shall be established by the Government.

 

Article 127. Appealing a decision of the Labor Dispute Settlement Commission

127.1 If either an employer or employee does not agree with a decision of the Labor Dispute Settlement Commission, such employer or employee shall have a right to appeal the decision to the relevant soum or district court within 10 days following the delivery of the decision.

127.2. Labor law disputes shall be reviewed and resolved by the labor dispute settlement commission specified in Paragraph 126.1 of this law, the use of conciliation shall not preclude the court from resolving the dispute.

 

Article 128. Labor disputes to be decided by the court

128.1  The following labor relations disputes shall be decided by the court:

128.1.1     an appeal made pursuant to Article 127;

128.1.2     a complaint by an employee concerning wrongful dismissal or wrongful transfer to other work by his/her employer;

128.1.3     an employer’s claims for compensation for loss or damage to the employer’s business caused by the failure of an employee to fulfill his/her work obligations;

128.1.4     an employee’s claims for compensation for damage to his/her body or health while fulfilling his/her work obligations;

128.1.5     a dispute pertaining to matters specified in Article 69;

128.1.6     a dispute pertaining to a contract of employment between citizens;

128.1.7     an employee’s complaint concerning wrongful imposition of disciplinary punishment;

128.1.8     an employee’s claim that his/her contract of employment contains provisions that do not meet the requirements of the Labor Code or the applicable collective agreement;

128.1.9     an employee’s claim that the employer’s internal labor regulations do not comply with the Labor Code;

128.1.10 a labor dispute between persons who have undertaken to work together by combining their property and labor, unless otherwise provided in law or the applicable contract;

128.1.11 other disputes that are within the jurisdiction of the court in accordance with applicable laws.

 

Article 129. Time limit for submitting a complaint concerning a labor dispute

129.1  Except as provided in Paragraph 129.2, a party to a contract of employment must submit any complaints to the labor dispute settlement commission within 3 months following the date on which the party knew or should have known of the matter in dispute.

129.2  An employee shall submit to the appropriate court any complaint concerning wrongful dismissal or wrongful transfer to other work within 1 month following the date he/she received the applicable decision from the employer.

129.3  Even if the limitation periods specified in this Article have expired, the court may reinstate the time limitation period, if there are reasonable grounds for the failure to timely file the complaint within the specified period.

129.4  Referral to a mediator on a labor dispute shall be considered a valid reason specified in

Paragraph 129.3 of this law.

 

CHAPTER TWELVE. INTERNAL LABOR REGULATIONS, LABOR DISCIPLINE AND MATERIAL LIABILITY

 

Article 130. Internal labor regulations

130.1  After taking into account proposals or suggestions from the employees’ representatives, an employer shall establish and enforce internal labor regulations in accordance with the law.

130.2  The internal labor regulations shall set forth the organization of labor, the rights and obligations of the employer and employees, and the penalties for non-compliance.

130.3  Special rules with respect to discipline may be approved and enforced by the relevant State organization.

 

Article 131. Labor disciplinary punishment

131.1  An employer, or his/her lawful representative, or an authorized official shall, by resolution, impose the following types of disciplinary punishment on an employee who has breached the applicable contract of employment or internal labor regulations:

131.1.1     issue a warning to the employee;

131.1.2     withhold up to 20 percent of the employee’s compensation for a period of up to 3 months;

131.1.3     terminate the employment of the employee.

131.2  Disciplinary punishment may only be imposed on an employee within 6 months following the disciplinary breach and within 1 month following the discovery of the breach.

131.3  It is prohibited to impose multiple forms of disciplinary punishment for one disciplinary breach.

131.4  Upon the expiration of a period of one year following the imposition of disciplinary punishment, records of the disciplinary action shall be erased.

 

Article 132. Grounds for imposing material liability

132.1  Material liability shall be imposed on an employee who has caused material damage through his/her fault to the organization in the course of performance of his/her labor duties, irrespective of the imposition of disciplinary, administrative, or criminal liability.

132.2  The amount of such loss or damage shall be determined by the actual loss, not including loss of potential profits.

132.3  An employee shall not be responsible for inevitable loss or damage incurred during the testing or commissioning of machinery.

132.4  An employee shall not be responsible for loss or damage caused by the failure of the employer to comply with the applicable safety regulations for the assets for which the employee was responsible.

 

Article 133. Limited material liability

133.1  Except as specified in Article 135, limited material liability imposed on an employee, who caused loss or damage to his/her organization by his/her fault, shall not exceed the average monthly compensation of the employee.

 

Article 134. Material liability imposed by an independent contract

134.1 Except as specified in Article 135, an employee working under an independent contract who has caused material loss or damage to his/her employer by his/her fault, must pay his/her employer for such loss or damage, but in no event shall the amount of this required payment exceed the employee’s average compensation for 6 months.

 

Article 135. Full material liability

135.1  Full material liability shall be imposed on an employee in the following cases:

135.1.1     If a court determines that the employee was criminally liable for inflicting the loss or damage;

135.1.2     if the law provides for imposition of full material liability on an employee who has caused loss or damage to his/her employer in the course of his/her work;

135.1.3     if an employee fails to return assets or valuable items released to him in advance pursuant to a power of attorney or similar document;

135.1.4     if an employee, who has custodial responsibility, negligently fails to preserve and maintain working and safety tools, special clothing, and other work-related assets for which he/she was responsible;

135.1.5     if, not in the course of performance of his/her work, an employee who is under the influence of alcohol or drugs has caused loss or damage to the employer.

135.2  Other regulations regarding material liability for loss or damage incurred as a result of embezzlement or misappropriation of certain assets shall be established exclusively by law.

135.3  The employer shall establish a schedule of jobs or positions where full liability may be imposed and the employer and employee shall enter into an agreement that such liability may be imposed.

135.4  If an agreement between the employer and employee concerning full material liability has not been concluded, and the matter has not been covered in the applicable contract of employment, it shall be prohibited to impose full material liability on the employee.

 

Article 136. Determining the amount of loss or damage inflicted on the employer

136.1  The amount of loss or damage incurred by the employer shall be the book value of the relevant asset, less accumulated depreciation.

136.2  If assets have been embezzled, or deliberately destroyed or damaged, the amount of loss or damage shall be the market value of such assets.

136.3  Loss or damage caused by more than one employee shall be allocated to each such employee based on the type of material liability and the degree of fault of each employee.

 

CHAPTER THIRTEEN. MANAGEMENT AND ORGANIZATION OF LABOR

 

Article 137. System of management of labor

137.1  The system of management of labor shall consist of the state central administrative body in charge of labor matters, the aimag, capital city and district employment offices, and soum/khoroo labor officers.

137.2  The state central and local administrative bodies in charge of labor matters shall work under the supervision of the member of the Government in charge of labor matters.

137.3  The state central administration organization in charge of labor matters shall provide local organizations with professional and administrative guidance.

137.4  Governors at all levels shall, within the scope of their respective authorities, enforce the system of management of labor.

 

Article 138. Tripartite National Committee of Labor and Social Consent

138.1  A National Committee of Labor and Social Consent composed of representatives of the Government and national organizations representing the rights and legal interests of employees and employers shall be established within the Government.

138.2  The number of the representatives from the three parties shall be equal.

138.3  The charter of the National Committee shall be approved by the Government, with the consent of the national organizations representing the rights and legal interests of the employees and employers.

138.4  The Prime Minister shall appoint the chairman for a term of 6 years and the vice chairman of the National Committee and shall approve the composition of the National Committee; the vice chairman of the National Committee shall be appointed for a term of 2 years from among the representatives of the three parties, as agreed among such parties.

138.5  The National Committee shall exercise the following rights:

138.5.1     to guide the development and enforcement of State policy concerning labor matters, and to develop the system of tripartite social consent;

138.5.2     to settle collective disputes within the scope of protecting citizens’ labor rights and associated economic, social, and legal interests;

138.5.3     to monitor enforcement of the national agreement of social consent, and to consult on relevant economic and social policy issues;

138.5.4           other rights set forth in law.

 

CHAPTER FOURTEEN. LABOUR CODE MONITORING

 

Article 139. Monitoring the enforcement of labor legislation

139.1  The following institutions shall monitor enforcement of the Labor Code:

139.1.1     national monitoring of labor matters shall be implemented by the State Ikh Khural, the Government, Governors of all territorial levels, organizations responsible for labor matters, and other organizations or officials authorized by law, within their respective jurisdictions;

139.1.2     the local Governor and monitoring offices shall implement labor monitoring at the aimag, capital city, soum or district level;

139.1.3     organizations representing and protecting the rights and legal interests of employees, non-government organizations, and the public shall monitor the enforcement of Labor Codes, within their respective jurisdictions.

 

Article 140. Labor monitoring procedure

140.1  The State office responsible for labor monitoring shall work under the guidance of the Member of Government responsible for labor matters and the local labor monitoring offices and State supervisors shall work under guidance of the Governor of the appropriate territorial level.

140.2  Labor monitoring procedures shall be regulated by rules of State labor inspection approved by the Government.

140.3  The rules of State labor inspection shall be approved by the Government.

 

CHAPTER FIFTEEN MISCELLANEOUS PROVISIONS

 

Article 141. Penalties for violation of the Labor Code

141.1  If a violation of the Labor Code does not involve criminal liability, the following punishments shall be imposed:

141.1.1     If an employee has been illegally required to work, a judge shall impose a fine on an officer of from MNT5,000 to 30,000, and shall impose a fine on a business entity of from MNT100,000 to 250,000;

141.1.2     if an occupational disease, industrial accident, or poisoning has been concealed, the labor inspector or judge shall impose a fine on an officer of from MNT10,000 to 50,000 and shall impose a fine on a business entity of from MNT100,000 to 250,000;

141.1.3     if there has been discrimination with respect to employment based on social origin, social status, nationality, race, sex, wealth, religion or political affiliation; or if limitations on or advantage for an employee have been created; or when hiring a citizen or in the subsequent labor relations the rights and freedoms of an employee have been limited in a manner unrelated to the nature of his/her work, a judge shall impose a fine on an officer of from MNT5,000 to 25,000 and shall impose a fine on a business entity of from MNT50,000 to 100,000;

141.1.4     if the physical condition of people with disabilities does not prevent such person from performing work, or is not contrary to the working conditions in the workplace, and such person has been refused employment because of his/her physical condition, a judge shall impose a fine on an officer of from MNT5,000 to 25,000 and shall impose a fine on a business entity of from MNT50,000 to 100,000;

141.1.5     if a business entity does not timely make the payment specified in Paragraph 111.2, a State labor inspector or judge shall impose a fine on such business entity of from MNT50,000 to 100,000;

141.1.6     if an officer has required women or minors to do work that is prohibited to be performed by them, or to lift or carry loads exceeding the prescribed limits, or has required an employee under 18 years age to work in a workplace that adversely affects his/her mental development or health, or in abnormal working conditions, or compelled them to perform overtime work or to work on public holidays or weekends in violation of Article 74, a State labor inspector shall impose a fine on that officer of from MNT15,000 to 30,000;

141.1.7     if a business entity has not complied with applicable labor safety and sanitation regulations, a State labor inspector shall impose a fine on the business entity of from MNT150,000 to 200,000; and if business units jointly own buildings or facilities that do not meet the requirements specified in Article 85, a State labor inspector or judge shall impose a fine on such business units of from MNT50,000 to 100,000s;

141.1.8     if an officer has failed to timely participate in discussions concerning collective agreements and contract of employments, or to begin the discussions in a timely manner, or has unreasonably refused to submit a dispute to an intermediary or labor arbitration, a judge shall impose a fine on such officer of from MNT10,000 to 50,000;

141.1.9     if an officer has hired a replacement for an employee who is participating in the settlement of a collective labor dispute, or has illegally imposed disciplinary punishments on, or changed the job of, or dismissed representatives of employees who have participated in the settlement of a collective labor dispute, a judge shall impose a fine on such officer of from MNT10,000 to 50,000;

141.1.10 if a third-party citizen or officer has illegally participated in the negotiation of collective agreements and bargaining, or the organizing of a strike or temporary denial of access to the workplace, or has interfered with the freedom of choice of participants in a collective labor dispute, a judge shall impose a fine on such citizen or officer of from MNT5,000 to 20,000; and shall impose a fine on a business entity of from MNT50,000 to100,000;

141.1.11 if an officer or business entity have hired an employee without a written contract of employment, a State labor inspector shall impose a fine on such officer of from MNT5,000 to 20,000; and shall impose a fine on a business entity of from MNT50,000 to100,000;

141.1.12 if, at the request of an employer, an officer has illegally terminated the contract of employment of an employee, whose job or position is being retained in cases other than the dissolution of the business entity or organization, the judge shall impose a fine on such officer of from MNT5,000 to 25,000;

141.1.13 if an officer has delayed or not made the timely payment or not paid an employee’s compensation, or has not paid compensation to an employee during idle time not caused by the fault of an employee or has made such payment in an amount lower than specified in law the judge shall impose a fine on such officer of from MNT5,000 to 15,000;

141.1.14 if a citizen or an officer or a business entity or organization has violated Paragraph 122.1 and organized a strike at an organization where a strike is prohibited, the judge shall impose a fine on that citizen or officer of from MNT40,000 to 50,000; and shall impose a fine on the business entity or organization of from MNT100,000 to 200,000.

141.2  If, as a consequence of the action specified in Section 141.1.6, an employee’s health has been damaged, the loss or damage shall be compensated in accordance with the provisions of the Civil Law concerning damages.

141.3  If it has been determined that an employer delayed or not made the timely payment of an employee’s wages, a judge shall imposed a penalty for late payment equal in amount to 0.3 percent per each delayed day, and the penalty payment shall be paid to the employee.

141.4  If it is proved that an employee's salary has not been paid on time, a court shall impose a fine of 0.3 percent on each day of delay and pay it to the employee.

 

Article 142. Promulgation of the law

142.2 This law shall come into force from 1 July 1999.

 

R. Gonchigdorj                                                                 Chairman, State Great Khural