▶ 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.

▶ 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).

▶ 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.

▶ 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.).

▶ 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.

▶ 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.

No statutory provisions were found in the examined legislation in this respect.

▶ 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.

▶ 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.

▶ 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.

▶ 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.

▶ 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.

▶ 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, (...).

▶ 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.

▶ 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.

▶ 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.

▶ Labour Law (2021)
▷ Approval from workers’ representatives is not required. Consultation is mandatory, but consent is not.

▶ 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.

▶ 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.

▶ 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.

▶ 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.

▶ 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).