Нөхөн олговор

Илүү цагаар ажилласны нэмэгдэл хөлс

Working hours are regulated under the Labour Code. The normal working hours are eight hours a day and forty hours a week. Labour Code allows for averaging and aggregation of hours if the nature of work or the manufacturing process makes it impossible to follow daily working hours.

Working hours are reduced in the following cases:

a)      For hazardous and obnoxious workplaces, based on the recommendation of a labour inspection authority;

b)      For any employee, pursuant to the decision of a medical labour commission;

c)      For workers attending professional and retraining courses;

d)      For disabled and midgets depending on the nature of their work and considering their opinion; and

e)      for pregnant and breastfeeding workers, based on their medical needs.

Working in excess of daily hour limit (8 hours) is considered overtime work. Making workers work overtime is prohibited unless agreed in an employment contract or collective agreement. Overtime is allowed under the Labour Code in following exceptional circumstances:

(a)    to perform work necessary for the defense of the country, or to protect human life or health;

(b)   to prevent from or taking immediate remedial actions with respect to the consequences of natural disaster, public disturbance or industrial accident;

(c)    to remedy disruption of water, electricity or heating supply, transportation or communication facilities; or

(d)   To perform unforeseen works which are needed to be performed urgently to prevent disruption of the normal functioning of a business entity or organization, its branch or unit.

Labour Code prohibits an employer from compelling an employee to work two consecutive work shifts. No other limits on the amount of overtime could be identified. Labour Code requires time-off in lieu of overtime work. If time-off is not given, worker must be paid 150% of his normal wages for those hours of work. However, a collective agreement or employment contract may prescribe a higher overtime rate. Lastly, an employer may elect to give employee days off in lieu for overtime worked, instead of paying the overtime penalty rate.

Source: §53, 71, 73, 74, and 107 of the Mongolian Labour Code, 1999

Шөнийн цагаар ажилласны нэмэгдэл

Labour Code defines night work as the work done between 22:00 and 06:00. Labour Code requires additional pay for those workers engaged in night work, based on employee’s basic compensation. There is also provision for a time-off if additional pay is not provided. The additional pay rate for those working night hours is determined under the employment contract or the collective agreement.

An employer may not require a pregnant worker, a mother with a child under 08 years of age, or a single parent (mother or father) under 16 years of age to work at night hours without taking employee’s prior consent.

Source: §50, 54, 72, and 102 of the Mongolian Labour Code, 1999

Ажил, амралтын цаг

Working on weekly rest days and public holidays is generally prohibited under the Labour Code. Labour Code allows working on weekly rest days and public holidays in the following cases:

(a)    to perform work necessary for the defense of the country, or to protect human life or health;

(b)   to prevent from or taking immediate remedial actions with respect to the consequences of natural disaster, public disturbance or industrial accident;

(c)    to remedy disruption of water, electricity or heating supply, transportation or communication facilities;

(d)   to perform unforeseen works which are needed to be performed urgently to prevent disruption of the normal functioning of a business entity or organization, its branch or unit; or

(e)   continuous manufacturing process, provision of public services, urgent repair work, loading and unloading works.

In such cases, workers are entitled to a time-off. If the time-off is not provided, worker must be paid 150% of his normal wages for those hours of work. Other than the above referred cases, worker and employer may agree working on public holidays and weekly rest days. In such case, another day of rest may be provided to the worker or added to the annual leave. It is prohibited to require a minor employee to work on weekends.

Source: §53, 74, 78, and 110 of the Mongolian Labour Code, 1999

Нийтээр амрах баярын болон долоо хоногийн амралтын өдөр ажилласны нэмэгдэл хөлс

Labour Code allows for a time-off in cases where a worker has to work on weekly rest day or a public holiday. If compensatory day-off is not provided, worker must be paid 150% of his normal wages for work done on a weekly rest day. In the case of public holiday, worker is eligible for compensation equivalent to 200% of the normal hourly wage rate.

Source: §52, 53, 74, and 78 of the Mongolian Labour Code, 1999

Нөхөн олговрын зохицуулалтууд:

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