In Mongolia, employees are entitled to various types of leave designed to provide rest, address health needs, and support family responsibilities. These entitlements are primarily governed by the Labour Law of Mongolia and related regulations, ensuring a baseline of protection and benefits for the workforce. Understanding these provisions is crucial for both employers and employees to ensure compliance and fair treatment within the workplace.
Managing leave effectively is a key component of human resource management, particularly for international companies operating in Mongolia. Adhering to local labour laws regarding vacation, public holidays, sick leave, and parental leave is essential for operational continuity and employee satisfaction.
Annual Vacation Leave
Employees in Mongolia are entitled to paid annual leave. The minimum duration of annual leave is determined by the employee's length of service and working conditions.
- Standard Annual Leave: Employees are generally entitled to 15 calendar days of paid annual leave per year.
- Increased Entitlement: Employees working in difficult or harmful conditions, or those working in specific sectors such as education or healthcare, may be entitled to longer annual leave, often 21 calendar days.
- Seniority Bonus: Additional leave days may be granted based on seniority. For example, employees with more than 5 years of service may receive additional days, increasing incrementally with longer service periods.
- Accrual: Leave is typically accrued over the year.
- Usage: Annual leave can generally be taken in one continuous period or split into parts upon agreement between the employee and employer.
- Carry-over: The Labour Law specifies conditions under which unused annual leave can be carried over to the following year or compensated upon termination of employment.
Here is a general overview of minimum annual leave entitlements:
| Length of Service | Standard Conditions | Difficult/Harmful Conditions |
|---|---|---|
| Up to 5 years | 15 calendar days | 21 calendar days |
| 5-10 years | 18 calendar days | 24 calendar days |
| 10-15 years | 21 calendar days | 27 calendar days |
| 15+ years | 24 calendar days | 30 calendar days |
Note: Specific entitlements can vary based on collective agreements or internal company policies, provided they meet or exceed the minimum legal requirements.
Public Holidays and Observances
Mongolia observes several public holidays throughout the year. Employees are typically entitled to a paid day off on these holidays. If an employee is required to work on a public holiday, they are usually entitled to increased compensation, often at a rate of 200% of their regular wage.
Public holidays observed in Mongolia include:
- New Year's Day: January 1st
- Traditional Mongolian Script Day: January (Date varies)
- Tsagaan Sar (Mongolian Lunar New Year): Typically falls in February (Dates vary annually based on the lunar calendar, usually observed for 3 days)
- International Women's Day: March 8th
- Soldiers' Day: March 18th
- Buddha Day (Vesak): May/June (Date varies based on the lunar calendar)
- Children's Day: June 1st
- Naadam Festival: July 11th - July 15th (Observed for 5 days)
- Republic Day: November 26th
- Chinggis Khaan's Birthday (National Pride Day): November 27th (Date varies based on the lunar calendar)
- National Independence Day: December 29th
Note: The exact dates for holidays based on the lunar calendar (Tsagaan Sar, Buddha Day, Chinggis Khaan's Birthday) are officially announced each year.
Sick Leave Policies and Pay
Employees in Mongolia are entitled to paid sick leave when they are unable to work due to illness or injury.
- Entitlement: Employees are entitled to sick leave based on a medical certificate issued by a licensed healthcare provider.
- Duration: The duration of paid sick leave can vary, but it is typically covered by the social insurance fund for a specified period.
- Pay: During sick leave, employees receive a benefit calculated based on their average wage and their social insurance contribution period. The social insurance fund covers a percentage of the employee's wage, usually starting from the first day of illness. The specific percentage and maximum duration covered by social insurance are defined by social insurance legislation.
- Employer Responsibility: While social insurance covers the primary sick pay benefit, employers must ensure the process is followed and may have supplementary policies, though the legal minimum is tied to social insurance.
Parental Leave
Mongolian law provides for various types of parental leave to support employees becoming parents.
- Maternity Leave: Female employees are entitled to paid maternity leave.
- Duration: Typically 120 calendar days (approximately 4 months). This leave can be taken before and after childbirth.
- Pay: Maternity leave benefits are paid by the social insurance fund. The benefit amount is calculated based on the employee's average wage and social insurance contribution history, often covering 100% of the average wage for the duration of the leave.
- Paternity Leave: Male employees are also entitled to paternity leave.
- Duration: Typically 10 working days.
- Pay: Paternity leave is usually paid by the employer.
- Childcare Leave: After the expiration of maternity leave, either parent (or another family member caring for the child) is entitled to unpaid childcare leave until the child reaches the age of 3 years. This leave is unpaid but the employee's job position is protected.
- Adoption Leave: Employees who adopt a child are also entitled to leave, similar to maternity/paternity leave provisions, to care for the newly adopted child. The duration and conditions are comparable to those for biological parents.
Here is a summary of common parental leave types:
| Type of Leave | Entitled Parent(s) | Duration | Pay Source |
|---|---|---|---|
| Maternity Leave | Mother | 120 calendar days | Social Insurance |
| Paternity Leave | Father | 10 working days | Employer |
| Childcare Leave | Mother, Father, or Carer | Until child is 3 years old | Unpaid |
| Adoption Leave | Adopting Parent(s) | Comparable to Maternity/Paternity | Social Insurance/Employer |
Other Types of Leave
Beyond the main categories, Mongolian labour law and common practice recognize other types of leave for specific circumstances.
- Bereavement Leave: Employees are typically granted a few days of paid or unpaid leave in the event of the death of a close family member. The duration is often determined by internal company policy or collective agreements.
- Study Leave: Employees pursuing further education may be granted study leave, which can be paid or unpaid, depending on the relevance of the study to their job and company policy.
- Leave for Public or State Duties: Employees required to perform state or public duties (e.g., jury duty, military training) are typically granted leave for this purpose, often with their average wage maintained by the employer or compensated by the state.
- Unpaid Leave: Employees may request unpaid leave for personal reasons, subject to employer approval. The terms and duration are agreed upon between the employee and employer.
- Leave for Marriage: Some companies may offer a few days of paid leave for an employee's marriage.
