Хөдөлмөр эрхлэлтийн аюулгүй байдал

Хөдөлмөрийн гэрээ

Labour Code regulates the employment contracts. The following basic terms are set forth in an employment contract:

  • job title or position name;
  • job duties specified in the position description;
  • amount of basic or position salary;
  • Labour/working conditions.

Employment contract must be concluded in writing and a copy be provided to the employee. An employer may not require a worker to perform work until the agreement has been concluded in writing. An employment contract is effective from the date of its signing by the parties. An employer may not require a worker to perform work which is not specified in the employment contract (except in cases specified under the Labour Code). An employment contract is deemed concluded only once the basic conditions specified above have been agreed upon. An employment contract must be in conformity with the relevant legislation and collective agreements. If the provisions of employment contract are less favourable than those provided under the labour law or collective agreements, such provisions are considered null and void. The employer is prohibited from unilaterally modifying the contract and its provisions.

A contract must be concluded in writing. The term of a contract can be up to 5 years and must specify in detail the term of the contract, the final result of the work to be performed by the employee, the duties of the employee to the employer, procedure for evaluation of performance of the contract, description of any assets to be given under the employee’s responsibility, rules of their possession, use and disposition, remuneration to be paid to the employee, employee benefits, provision of supplies, privileges, results achieved, share of profit to be paid to the employee, and employee’s liability. If, upon evaluation of the contract it is determined that the employee has adequately performed his or her duties, the contract may be extended.

Lastly, a determination that any provision of an employment agreement is invalid cannot affect the validity of miscellaneous provisions of an employment agreement.

Source: §21-30 of the Mongolian Labour Code, 1999

Хөдөлмөрийн гэрээний хугацаа

An employment agreement may be concluded for a specified/fixed or an indefinite term. Employment contract may also be concluded for replacing an employee who is on leave, for seasonal or temporary jobs, and for the probation or training term set forth by the employer in its internal regulations.

As said above, employment contract may be concluded for a fixed/specified term. The initial length of a fixed term contract is 5 years. If the evaluation at the end of the term determines that employee has adequately performed his duties, the contract term may be extended. If an employee continues to perform work after the expiration of a fixed term contract, the contract is considered as extended for the initial term.

No provisions were identified within the laws which stipulate the maximum number for renewals and the maximum cumulative length (including all the renewals) for such specified term agreements.

Source: §23 & 25 of the Mongolian Labour Code, 1999

Туршилтын хугацаа

The duration of the probationary period is set forth by the employer in the internal labour regulations. It cannot however exceed 6 months.

No other provisions on probation period could be identified within the law.

Source: §23 of the Mongolian Labour Code, 1999

Хөдөлмөр эрхлэлтийн нөхцлийн зохицуулалт:

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