References
The Law of Mongolia on Labour [Labour Law] was enacted on 2 July 2021 and entered into force on 1 January 2022.
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Scope
Size of enterprises excluded (≤): none
▶ Labour Law (2021)
→ Section 3 of the Labour Law indicates that:
⫸ 3.1. This law shall regulate the labour relations that are:
▻ 3.1.1. arisen in relation to work performed and services rendered on the territory of Mongolia or;
▻ 3.1.2. agreed mutually by the parties to be regulated under this law.;
⫸ 3.4. Civil servant labour relations that are not regulated expressly under the Law on Civil Service and other relevant laws shall be regulated by this law.
⫸ 3.5. Cooperatives and partnerships shall observe this law if they neither outline nor establish the labour relations of the members in their rules expressly.
⫸ 3.6. Every person working, searching for a job or studying for an occupation in formal and informal economies, including a self-employer, herder, cooperative or partnership member, apprentice and intern, shall be subject to the common rights and duties set forth in Paragraph 5.1 of this law.
Workers' categories excluded: civil/public servants
▶ Labour Law (2021)
→ The Labour Law defines an employee as "a Mongolian citizen, a foreign citizen, and a stateless person working on the basis of employment relations" (§ 4.1.3).
→ Public servants: Employment relations of public servants are primarily regulated by the Law on Civil Service. However, certain provisions of the Labour Law (such as working hours, rest periods, occupational safety and health, and non-discrimination) also apply to public servants unless otherwise regulated by specific legislation (§ 3.4).
Collective agreements :
▷ Collective agreements
→ Section 12 on "Requirements for collective agreement, collective bargaining, employment contract, and internal labour regulations" provides that:
⫸ 12.1. An employer or the employer’s representatives shall have the right to hold joint negotiations with employee representatives for the purpose of entering into a collective agreement or collective bargaining.
⫸ 12.2. A collective agreement, collective bargaining, employment contract, and internal labour regulations must meet the following requirements:
▻ 12.2.1. Meet the labour and social protection legislation fully, not undermine the assured level of the rights and fundamental norms of employees guaranteed in legislation, and improve them in favour of employees through mutual agreement;
▻ 12.2.2. Not conflict with laws other than the labour and social protection legislation;
▻ 12.2.3. Consider other factors that have a direct effect on sectoral, job and professional specifics, and employment relations between employer and employee.
⫸ 12.3. If any regulations of a collective agreement, collective bargaining, employment contract, or internal labour regulations undermine employees’ rights guaranteed in legislation, such regulations shall be deemed void.
→ Sections 18 to 40 regulate collective negotiations and collective agreements in detail.
▷ Scope of application of collective agreements
→ Section 43 provides for the employer's basic rights and obligations, indicating that:
⫸ 43.2. An employer shall be subject to the following basic obligations: (...);
▻ 43.2.2. To comply with labour legislation, collective agreements, collective bargaining, employment contracts, and internal labour regulations.
→ Section 64 on probationary employment contract provides that:
⫸ 64.5. labour laws and regulations, collective agreements, collective bargaining, and internal labour regulations shall apply equally to a probationary employee.
→ Collective agreements may regulate conditions of employment, including with respect to part-time employment (§ 66.4), working from home (§ 67.4), remote work (§ 68.3), and severance pay (§ 82.3).
▶ Labour Law (§ 4.1.7) defines a collective agreement as:<br/>"An agreement established, and properly registered in accordance with relevant procedures, between an employer and employee representatives of the business entity or organization to ensure employment, rights and legitimate interests related to employment of an employee not undermining the fundamental norms guaranteed by labour legislation, to provide for more favourable conditions to the employee, and to resolve the matters not specifically regulated by law, such as employment conditions and social protection."
FTC regulated: Yes
▶ Labour Law (2021)
→ Section 50 provides for the term of the employment contract, stating that:
⫸ 50.1. An employment contract shall be concluded for an indefinite term, except in the following cases:
▻ 50.1.1. working as an apprentice;
▻ 50.1.2. working in probationary period;
▻ 50.1.3. undertaking seasonal jobs;
▻ 50.1.4. working instead of an employee whose position is being retained;
▻ 50.1.5. working in a temporary workplace;
▻ 50.1.6. undertaking the work or duties limited by a timeframe due to funding or the scope of the work.
Valid reasons for FTC use: objective and material reasons
▶ Labour Law (2021)
→ Section 50 (§ 50.1) lists the specific situations in which a fixed-term employment contract may be concluded (seasonal work, temporary replacement, temporary workplace, work limited by timeframe due to funding or scope, etc.).
Maximum cumulative duration of successive FTCs: 2year(s)
▶ Labour Law (2021)
→ Section 50 provides for the term of the employment contract, stating that:
⫸ 50.4. If initial and extended terms of the contract concluded for a definite term total more than 2 years, except for the provisions set forth in Sub-paragraphs 58.1.3 and 139.1 of this law, such contract shall be considered as concluded for an indefinite term.
Maximum probationary (trial) period (in months): 3 month(s)
▶ Labour Law (2021)
→ Section 64 on “Probationary employment contract” provides that:
⫸ 64.1. An employer may conclude a probationary employment contract when hiring an employee to verify whether he/she meets the job requirements.
⫸ 64.2. The term of a probationary employment contract must be 3 months at most, which may be extended once for 3 months at most upon mutual agreement.
⫸ 64.3. A probationary employee’s base salary shall be determined at no less than the fixed wage of the job, and additional pay, extra pay, awards, bonuses, and allowances shall be provided as prescribed in this law.
⫸ 64.4. A probationary employment contract shall not be concluded with an employee who will perform a one-time seasonal job or work instead of an absent employee whose job is retained, or hold a temporary job.
⫸ 64.5. The labour laws and regulations, collective agreement, collective bargaining, and internal labour regulations shall apply to a probationary employee equally.
→ In addition, section 62.7 provides that a probationary period employment contract shall not be concluded with an apprentice.
Excluded from protection against dismissal:
No statutory provisions were found in the examined legislation in this respect.
Obligation to provide reasons to the employee: Yes
Valid grounds (justified dismissal):
Prohibited grounds: pregnancy, maternity leave, race, sex, religion, political opinion, social origin, nationality/national origin, age, trade union membership and activities, disability, language, parental leave
▶ Labour Law (2021)
▷ Discrimination
→ Section 6 prohibits discrimination in labour relations, indicating that:
⫸ 6.1. Direct and indirect discrimination, limitation of rights and provision of privileges in employment and labour relations based on nationality, language, race, age, sex, social origin, social and marital status, wealth, religion, ideology, political ideology, membership to trade union, health status, pregnancy and maternity, sexual orientation, gender identity and expression thereof, disability, and appearance shall be prohibited.
▷ Pregnancy, maternity and paternity
→ Section 135 provides for the prohibition of terminating employment relations of pregnant women, mothers (and single fathers) with children under the age of 3, indicating that:
⫸ 135.1. It shall be prohibited to terminate employment relations of a pregnant woman, a mother (single father) with children under the age of 3 at an employer's initiative, except as provided in Sub-paragraphs 80.1.4, 80.1.5 and 80.1.6 of this law and liquidation of a business entity or organisation.
▷ Representatives
→ Section 24 provides guarantees for participation in collective negotiations, indicating that:
⫸ 24.2. Imposition of labour disciplinary actions, transfer to another job, reduction of remuneration or termination of employment relations at an employer's request due to the liquidation of a business entity, organization or its branch or the grounds except provided in Sub-paragraphs 80.1.4, 80.1.5 and 80.1.6 of this law during and within 1 year following the negotiation is prohibited for the trade union officers, elected persons and employee's representatives, who participate in collective negotiations, for their participation in collective negotiations.
→ Section stipulates guarantees for exercise of the right to a strike, stating that:
⫸ 30.1. For an employee or employee representatives who participate in a strike, it shall be prohibited to modify the employment terms by imposition of a disciplinary action, transfer to another job, or termination of employment relations at employer's initiative for participation in the strike.
▷ Person with disabilities
Section 144 provides protection against dismissal for persons with disabilities, stating that:
⫸ 144.6. An employer shall be prohibited from terminating employment relations with persons with disabilities if it fails to provide suitable necessities and materials specified in Paragraph 144.1 of this law.
▷ HIV
Note: The previous section 7.6 of the Labour Code 1999 has been deleted, and the new Labour Law (2021) does not offer protection against dismissal for a person infected with HIV. However, note shall be taken of section 6.4 of the Labour Law 2021, which prohibits employers from asking questions, collecting information, and requesting HIV tests, except in cases specified in law.
Workers enjoying special protection: workers' representatives, pregnant women and/or women on maternity leave, workers with disabilities
▶ Labour Law (2021)
▷ Pregnancy, maternity and paternity
→ Section 135 provides for the prohibition of terminating employment relations of pregnant women, mothers (and single fathers) with children under the age of 3, indicating that:
⫸ 135.1. It shall be prohibited to terminate employment relations of a pregnant woman, a mother (single father) with children under the age of 3 at an employer's initiative, except as provided in Sub-paragraphs 80.1.4, 80.1.5 and 80.1.6 of this law and liquidation of a business entity or organisation.
▷ Representatives
→ Section 24 provides guarantees for participation in collective negotiations, indicating that:
⫸ 24.2. Imposition of labour disciplinary actions, transfer to another job, reduction of remuneration or termination of employment relations at an employer's request due to the liquidation of a business entity, organization or its branch or the grounds except provided in Sub-paragraphs 80.1.4, 80.1.5 and 80.1.6 of this law during and within 1 year following the negotiation is prohibited for the trade union officers, elected persons and employee's representatives, who participate in collective negotiations, for their participation in collective negotiations.
→ Section 30 stipulates guarantees for the exercise of the right to a strike, stating that:
⫸ 30.1. For an employee or employee representatives who participate in a strike, it shall be prohibited to modify the employment terms by imposition of a disciplinary action, transfer to another job, or termination of employment relations at the employer's initiative for participation in the strike.
▷ Persons with disabilities
→ Section 144 provides protection against dismissal for persons with disabilities, stating that:
⫸ 144.6. An employer shall be prohibited from terminating employment relations with persons with disabilities if it fails to provide suitable necessities and materials specified in Paragraph 144.1 of this law.
▷ HIV
→ Note: The previous specific protection under Section 7.6 of the Labour Code 1999 has been deleted.
Notification to the worker to be dismissed: written
▶ Labour Law (2021)
→ Section 80 on termination of employment relations at the employer's initiative indicates that:
⫸ 80.4. An employer shall notify of termination of employment relations for the grounds specified in Sub-paragraphs 65.4.2, 78.1.5, 80.1.1, 80.1.2 and 80.1.3 of this law to the employee in writing at least 30 days prior to the termination and where required, the employer is obliged to confirm such notice.
→ Section 83 of the Labour Law regarding the employer's decision on termination of employment relations and handover of duties indicates that:
⫸ 83.4. The employer shall issue a decision on the termination of the employee's employment relations in writing before hand over of the duties and introduce it and give a copy to the employee. If the employee refuses to accept the decision, it shall be sent by airmail to the address of his/her residence, which shall be deemed as acquainted with the decision.
⫸ 83.6. The employer is obliged to provide the employee with the decision on terminating his/her employment relations, (...).
→ Under section 123, an employee's wrongful acts and non-acts that violate the labour legislation, employment contract, internal labour regulations, and job descriptions shall be deemed as disciplinary violations (§ 123.1). The employer or its authorized leader shall impose labour disciplinary actions on an employee who has violated labour discipline (§ 123.2), including termination of employment relations (§ 123.2.5).
⫸ 123.3. An employer shall notify the employee of the labour disciplinary action prior to imposing it to receive explanations, and shall selectively use the labour disciplinary actions outlined in Paragraph 123.2 of this law, in consideration of the nature and consequences of the disciplinary violation. A decision on imposing labour disciplinary actions shall be issued in writing.
Notice period:
▶ Labour Law (2021)
→ Section 80 on termination of employment relations at the employer's initiative provides that:
⫸ 80.4. An employer shall notify the employee of termination of employment relations for the grounds specified in Sub-paragraphs 65.4.2 (unsatisfactory performance of employee), 78.1.5 (reinstatement of previous employee), 80.1.1 (liquidation of the business), 80.1.2 ( (workers lack of skill or capacity) and 80.1.3 (employee unfit to perform) of this law in writing at least 30 days prior to the termination and where required, the employer is obliged to confirm such notice.
Note: For dismissals based on the employee’s conduct or disciplinary breaches (§§ 80.1.4 and 80.1.5), there is no statutory notice period. Termination may take effect immediately in cases of serious misconduct.
tenure ≥ 6 months:
- All: 1 month(s).
tenure ≥ 6 months:
- All: 1 month(s).
tenure ≥ 9 months:
- All: 1 month(s).
tenure ≥ 9 months:
- All: 1 month(s).
tenure ≥ 2 years:
- All: 1 month(s).
tenure ≥ 2 years:
- All: 1 month(s).
tenure ≥ 4 years:
- All: 1 month(s).
tenure ≥ 4 years:
- All: 1 month(s).
tenure ≥ 5 years:
- All: 1 month(s).
tenure ≥ 5 years:
- All: 1 month(s).
tenure ≥ 10 years:
- All: 1 month(s).
tenure ≥ 10 years:
- All: 1 month(s).
tenure ≥ 20 years:
- All: 1 month(s).
tenure ≥ 20 years:
- All: 1 month(s).
Pay in lieu of notice: Yes
▶ Labour Law (2021)
→ Section 80.5. indicates that:
⫸ If the employer considers that the employee, who received a notice as set forth in Paragraph 80.4 of this law, does not need or impossible to continue work, the employer shall provide the allowance calculated based on his/her average salary until the termination and the employee may not work.
Notification to the public administration: No
No statutory provisions were found in the examined legislation in this respect.
Notification to workers' representatives: No
No statutory provisions were found in the examined legislation in this respect.
Approval by public administration or judicial bodies: No
No statutory provisions were found in the examined legislation in this respect.
Approval by workers' representatives: No
No statutory provisions were found in the examined legislation in this respect.
▶ Labour Law (2021)
→ Section 81 provides a specific numerical threshold to define “collective dismissal”.
⫸ 81.1. Termination of employment relations of the employees in the following numbers and per cent for a 90-day period for the grounds of liquidation of the business entity or organisation, branch or unit thereof, or cut or reduction of the jobs within it shall be deemed as mass layoff:
▻ 81.1.1. five or more employees of a business entity or organization that has 10-50 workforce;
▻ 81.1.2. ten or more per cent of the total employees of a business entity or organization whose workforce counts 51-499;
▻ 81.1.3. fifty or more employees of a business entity or organization whose workforce counts 500 or more.
Notification to the public administration Yes
▶ Labour Law (2021)
→ Section 81 requires the employer to consult with employee representatives in cases of mass termination of employment relations.
⫸ 81.2. In the event of a mass layoff, the employer shall (...) hold a negotiation regarding the matter set forth in Paragraph 81.3 of this law.
⫸ 81.3. The employer and the employee representatives shall negotiate in respect of a mass layoff, (...).
Notification to trade union (workers' representatives) Yes
▶ Labour Law (2021)
→ The employer is required to notify the competent public authority in advance in cases of mass lay-off / collective dismissal.
⫸ 81.6. An employer shall notify in writing about its mass layoff to the organization in charge of the labour of its jurisdiction within 30 days after it has made such decision.
Notification to workers' representatives: Yes
▶ Labour Law (2021)
→ Section 81 requires the employer to notify and consult employee representatives before carrying out mass termination of employment relations.
⫸ 81.2. In the event of a mass layoff, the employer shall notify the employee representatives of the grounds for termination of employment relations, the employee names covered, and the date of the termination of employment relations, and hold a negotiation regarding the matter set forth in Paragraph 81.3 of this law.
Approval by trade union (workers' representatives) No
▶ Labour Law (2021)
▷ Approval from a public authority or court is not required for collective dismissals. However, the employer must follow the procedural requirements set out in section 81.
Approval by workers' representatives No
▶ Labour Law (2021)
▷ Approval from workers’ representatives is not required. Consultation is mandatory, but consent is not.
Priority rules for collective dismissals (social considerations, age, job tenure) No
▶ Labour Law (2021)
→ Section 81 requires the employer to establish fair and transparent criteria when selecting employees for termination in cases of mass lay-off.
⫸ While Section 81.3 requires negotiation on selection criteria during mass lay-off, the law does not prescribe statutory priority rules based on social factors, age, or seniority.
Employer's obligation to consider alternatives to dismissal (transfers, retraining...) Yes
▶ Labour Law (2021)
→ Under section 81, employees who have been dismissed due to mass lay-off / economic reasons have priority for re-employment if the employer recruits for similar positions within a certain period.
⫸ 81.5. An employer shall primarily hire the person whose employment relations were terminated as prescribed in Paragraph 81.1 of this law, within one year after the mass layoff, when new jobs are created, or jobs are increased, if he/she meets the job requirements and has applied for the job.
Priority rules for re-employment Yes
▶ Labour Law (2021)
→ Under section 81 of the Labour Law, before proceeding with mass termination, the employer is expected to explore alternatives such as transferring employees to other positions or retraining, where feasible.
⫸ 81.3. The employer and the employee representatives shall negotiate in respect of a mass layoff, including reduction of the number of employees to be laid off, transfer of them to vacant positions of the business entity or organization, hiring them back first when jobs are newly created and increased, specialization and retraining for different professions, and the amount of severance pay.
Severance pay:
▶ Labour Law (2021)
→ An employee whose employment relations are terminated at the employer’s initiative (except in cases of disciplinary dismissal under §§ 80.1.4 and 80.1.5) is entitled to severance pay. The amount of severance pay is determined based on the employee’s length of service. In the case of mass lay-off, the amount of severance pay shall be determined through negotiations between the employer and employee representatives (§ 81.3).
→ Section 82 of the Labour Law regulates Severance pay.
⫸ 82.1. An employer shall provide a one-time severance pay in the following amounts to the employee, whose employment relations were terminated for the grounds specified in Sub-paragraphs 65.4.2, ▻ 80.1.1, 80.1.2 and 80.1.3 of this law, regardless of his/her entitlement to receive a severance pay from the social insurance fund:
▻ 82.1.1. equal to the base salary of one or more months if the employee worked at the business entity or organization for 6-24 months;
▻ 82.1.2. equal to the base salary of two or more months if the employee worked at the business entity or organization for 2-5 years;
▻ 82.1.3. equal to the base salary of three or more months if the employee worked at the business entity or organization for 5-10 years;
▻ 82.1.4. equal to the base salary of four or more months if the employee worked at the business entity or organization for 10 years or more.
⫸ 82.2. In the event of a mass layoff of the employees, the employer shall set the amount of severance pay at least in the amounts specified in Paragraph 82.1 of this law through negotiations with the employee representatives.
⫸ 82.3. The amount of severance pay set forth in Paragraphs 82.1 and 82.2 of this law may be set higher under the legislation, collective agreement or collective bargaining.
⫸ 82.4. The work hours of a part-time employee shall be calculated shifting to full-time to provide a severance pay as prescribed in Paragraph 82.1 of this law.
⫸ 82.5. An employer shall provide the allowance in an amount specified in Paragraph 82.1 of this law to the employee whose employment relations were terminated for determining old age pension.
⫸ 82.6. An employer shall not be obliged to provide the allowance specified in Paragraph 82.1 of this law to the employee, who was working temporarily instead of an absent employee whose job is retained and whose employment relations were terminated.
tenure ≥ 6 months: 1 month(s).
tenure ≥ 9 months: 1 month(s).
tenure ≥ 1 year: 1 month(s).
tenure ≥ 2 years: 2 month(s).
tenure ≥ 4 years: 2 month(s).
tenure ≥ 5 years: 3 month(s).
tenure ≥ 10 years: 4 month(s).
tenure ≥ 20 years: 4 month(s).
Redundancy payment:
▶ Labour Law (2021)
▷ There is no separate “redundancy payment” distinct from severance pay.
▷ In cases of termination due to economic reasons or mass lay-off (§§ 80.1.1 and 81), the employee is entitled to severance pay as provided under section 82.
▷ In the event of mass lay-off, the amount of severance pay is subject to negotiation between the employer and employee representatives (§ 81.3).
tenure ≥ 6 months: 1 month(s).
tenure ≥ 9 months: 1 month(s).
tenure ≥ 1 year: 1 month(s).
tenure ≥ 2 years: 2 month(s).
tenure ≥ 4 years: 2 month(s).
tenure ≥ 5 years: 3 month(s).
tenure ≥ 10 years: 4 month(s).
tenure ≥ 20 years: 4 month(s).
mine workers: No
▶ Labour Law (2021)
→ The court does not have full discretion to determine compensation for unfair dismissal. Remedies are governed by the provisions of the Labour Law.
: Yes
▶ Labour Law (2021)
→ Where an employee whose employment relations were terminated without valid grounds is reinstated by a competent body’s decision, the employer shall compensate the employee with an allowance equal to their previous average salary for the period until they resume their previous job duties (Section 127.1).
Yes
▶ Labour Law (2021)
→ Where an employee whose employment relations were terminated without valid grounds is reinstated by a competent body’s decision, the employer shall compensate the employee with an allowance equal to their previous average salary for the period until they resume their previous job duties (Section 127.1).
Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
▶ Labour Law (2021)
→ Section 127 on Employer's liabilities for unjustified transfer to another job, working in rotation, or termination of employment relations
⫸ 127.1. Where the employee whose employment relations were terminated without grounds is reinstated to his/her job by a competent body's decision, the employer shall compensate the employee with an allowance equal to his/her previous average salary for the period until he/she starts to perform the previous job duties.
managerial / executive positions: Yes
▶ Labour Law (2021)
→ Section 61 indicates that:
⫸ 61.1. An employer shall be obliged to reinstate an employee to his/her previous job or position for the following grounds:
▻ 61.1.1: An employee, who has become disabled as a result of an industrial accident, acute poisoning or occupational disease and his/her employment relations have terminated, has made a request for work within 30 days after the medical-labour examination commission has issued a decision regarding restoration of his/her ability to work;
▻ 61.1.2. a decision by a labour rights dispute resolution commission, [or] soum or district tripartite labour rights dispute settlement committee or court to reinstate an employee to his/her previous job has come into force;
▻ 61.1.3: An employee, whose job had been cut, but within 3 months thereafter it has been re-established, made a request for employment within 30 days after its re-establishment;
▻ 61.1.4: The other grounds provided in law.
⫸ 61.2: In the event of reinstatement of an employee to his/her previous job or position on the grounds set forth in Sub-paragraphs 61.1.2 and 61.1.3 of this law, the employee's previous employment relations shall be restored wholly. The terms of the employment contract may be changed through mutual agreement of the parties.
⫸ 61.3. In the event of reinstatement of an employee to his/her previous job or position, employment relations of the employee who is replacing him/her shall cease as prescribed in this law.
→ Under section 127, where the employee whose employment relations were terminated without grounds is reinstated to his/her job by a competent body's decision, the employer shall compensate the allowance equal to his/her previous average salary for the period until he/she starts to perform the previous job duties (§ 127.1).
police: No
▷ Preliminary conciliation is not mandatory before filing a claim in court in cases of alleged unjustified termination.
▶ Labour Law (2021)
→ Under section 154:
⫸ 154.1: The parties to a labour rights dispute must make all efforts primarily to resolve the dispute through mutual agreement.
→ Section 158 of the Labour Law on settlement of labour rights disputes by the Court indicates that:
⫸ 158.2: An employee shall refer to court for settlement of a labour rights dispute in the following cases if he/she considers that it is impossible to settle the labour rights dispute by the labour rights dispute settlement organization specified in Paragraph 154.2 of this law: (...);
▻ 158.2.2: The employee has filed a complaint that the employer's decision on termination or expiration of employment relations, or transfer to another job, or working in rotation, is unjustified.
⫸ 158.3: The Court shall decide whether to resolve a labour rights dispute through the court reconciliation procedure in the pre-court stage.
▷ Labour disputes are primarily resolved either by the "Soum or district tripartite labour rights dispute settlement committee" (§ 155) or Labour Dispute Resolution Commission, or by the Labour rights dispute resolution commission (§ 156) before being referred to ordinary courts (§ 158).
▶ Labour Law (2021)
→ Section 154 provides for the settlement of labour rights disputes, indicating that:
⫸ 154.2. A party to dispute shall have the right to refer to a labour rights dispute resolution commission, soum or district tripartite labour rights dispute settlement committee if no former commission exists for settlement of a dispute among the business entities, organizations or citizens, for a preliminary resolution of the labour rights dispute within the following timeframe after the party has known or should have known its right has been violated: (...).
⫸ 154.7: The Soum or district tripartite labour rights dispute settlement committee shall review the complaint and make a decision regarding it within 10 business days of receipt of the complaint, as set forth in Paragraph 154.6 of this law.
⫸ 154.8: A party to a dispute shall have the right to file a claim to court within 10 business days of receipt of the Soum or district tripartite labour rights dispute settlement committee's notes set forth in Paragraph 154.5 of this law, or disagree with the decision set forth in Paragraph 154.7 of this law. (...).
▷ Soum or district tripartite labour rights dispute settlement committee
→ Section 155 of the Labour Law provides that:
⫸ 155.1: The Soum or district tripartite labour rights dispute settlement committee shall have the following powers:
▻ 155.1.1: to organize training and advocacy, provide advice and information on the prevention of labour disputes;
▻ 155.1.2: to take measures to resolve labour rights disputes in a preliminary manner within its jurisdiction, affiliated under law;
▻ 155.1.3: the other rights provided in legislation. (...).
▷ Labour rights dispute resolution commission
→ Section 156 indicates that:
⫸ 156.1: Business entities and organizations that have 20 or more employees shall form a part-time labour rights dispute settlement commission, which will work regularly.
⫸ 156.2: Business entities and organizations that have less than 20 employees may form a temporary commission for settling the labour rights dispute set forth in Paragraph 154.1 of this law.
⫸ 156.3: A labour rights dispute settlement commission shall comprise an equal number of employee representatives elected from a trade union of an employer or business entity or organization, if no trade union exists, from all employees meeting.
⫸ 156.4: The representatives set forth in Paragraph 156.3 of this law shall be prohibited from being administrative-level personnel of a business entity or organization.
⫸ 156.5: A labour rights dispute settlement commission shall be obliged to take all potential actions to resolve labour rights disputes of the parties.
⫸ 156.6: Rules for labour rights dispute settlement commissions shall be approved by the Government.
▷ Labour Courts
→ Section 158 on the settlement of labour disputes by the Court provides that:
⫸ 158.1: Court shall decide the following labour rights disputes:
▻ 158.1.1: the complaint filed as stated in Paragraph 154.8 of this law;
▻ 158.1.2: employer's claim for reimbursement of property damages caused to the employer except as stated in Paragraphs 129.2 and 130.1 of this law;
▻ 158.1.3: employee's complaint as to violation of the labour legislation by the terms of a collective agreement, collective bargaining, employment contract and internal labour regulations;
▻ 158.1.4: the complaint regarding the failure to implement the decisions set forth in Paragraphs 154.4 and 154.9 of this law;
▻ 158.1.5: the other disputes specified in legislation.
⫸ 158.2: An employee shall refer to court for settlement of a labour rights dispute in the following cases if he/she considers that it is impossible to settle the labour rights dispute by the labour rights dispute settlement organization specified in Paragraph 154.2 of this law:
▻ 158.2.1: the employee has claimed reimbursement for the damages to his/her life and health that occurred during performance of the job duties;
▻ 158.2.2: the employee has filed a complaint that the employer's decision on termination or expiration of employment relations, or transfer to another job, or working in rotation, is unjustified.
⫸ 158.3: The court shall decide whether to resolve a labour rights dispute through the court reconciliation procedure in the pre-court stage.
Existing arbitration: No
▷ Under Mongolian labour law 2021, wrongful dismissal disputes are individual labour disputes rather than collective interest disputes. Consequently, they cannot be resolved through formal labour arbitration. Instead, dismissed employees must pursue resolution through the Soum or district "Tripartite Labour Rights Dispute Settlement Committee", "Labour Rights Dispute Resolution Commission", mediation, or directly via court litigation.
▷ Formal labour arbitration provided for under section 151 of the Labour Law 2021, is strictly reserved for collective interest disputes (e.g., strikes, collective bargaining, and union negotiations).
▷ Arbitration is not designed to address individual claims, such as wrongful termination, severance pay, or reinstatement.
▶ Labour Law (2021)
→ Section 151 on the resolution of labour interest disputes by labour arbitration provides that:
⫸ 151.1: Where a labour interest dispute of a business entity or organization other than specified in Paragraph 28.1 of this law is not resolved with the participation of a labour intermediary, a party to a dispute shall make a request to the labour and social partnership tripartite committee of a respective level for resolving the dispute by labour arbitration.
⫸ 151.2: The labour and social partnership tripartite committee of a respective level shall form a labour arbitration with 3 arbitrators who will consider the dispute within 3 business days of receipt of the request.
⫸ 151.3: The parties to a dispute shall not have the right to reject the arbitrators appointed by the labour and social partnership tripartite committee.
⫸ 151.4: Representatives of the parties to a labour interests dispute shall not be included in the composition of a labour arbitration.
⫸ 151.5: A labour arbitration shall review and resolve a labour interest dispute in the presence of the representatives of the parties within 10 business days after its formation. Where required, a labour arbitrator may extend the proceedings of a labour arbitration by up to 5 business days.
⫸ 151.6: A labour arbitration's decision shall be final. A disputing party shall not have the right to lodge a complaint to court, except it considers that a labour arbitration has violated the labour dispute resolution procedure.
⫸ 151.7: A labour arbitration's decision shall be binding on the parties.
Length of procedure:
▶ Labour Law (2021)
→ Strict time limits apply to the preliminary resolution of labour rights disputes. An employee must generally refer a dismissal-related dispute to the preliminary bodies within 30 days of receiving the employer’s decision (§154.2.1). Subsequent steps before the tripartite committee and court also have short statutory deadlines (usually 10 business days).
No statutory provisions were found in the examined legislation in this respect.
No information was available in this respect.