Termination of employment in Mongolia is primarily governed by the Labor Law of Mongolia (1999). This law outlines the regulations for dismissal, notice, and severance.

Lawful Grounds for Dismissal

In Mongolia, an employment contract can be terminated for several reasons:

• By Mutual Agreement: The employer and employee mutually agree to end the employment relationship.
• At the Initiative of the Employee: The employee decides to leave their position.
• At the Initiative of the Employer: The employer terminates the contract. Grounds for employer-initiated dismissal can include organizational restructuring or downsizing, liquidation or bankruptcy of the enterprise, the employee's failure to meet performance standards, repeated violations of workplace rules, absenteeism or serious breaches of the employment contract, or the employee's imprisonment.

Notice Requirements

The notice requirements for termination vary:

• Employee Initiated: Employees are required to give at least 30 days' written notice.
• Employer Initiated: The notice periods depend on the grounds for termination. For standard termination, 30 days' written notice is required. For mass dismissal, at least 45 days' written notice is required.

Severance Pay

Employees may be entitled to severance pay in certain scenarios upon termination:

• Dismissal due to restructuring/downsizing: The employee may receive an amount equivalent to their average monthly salary, based on the duration of their employment.
• Termination due to the liquidation of the enterprise: The employee may receive an amount equivalent to their average salary for a duration determined based on their length of service.

Mongolia has made significant strides in establishing a legal framework against discrimination, although there are still gaps and challenges in its implementation.

Protected Characteristics

Mongolian laws prohibit discrimination on the basis of several characteristics. These include national origin, language, race, age, gender, gender identity, sexual orientation, sex or marital status, social origin or status, wealth, religion, ideology, education, and medical status.

Redress Mechanisms

Individuals who believe they have been subjected to discrimination have several redress mechanisms at their disposal. They can lodge complaints to the National Human Rights Commission of Mongolia (NHRCM), which has the authority to investigate and mediate discrimination complaints. It can also make recommendations to relevant authorities. Alternatively, victims of discrimination can seek legal remedies, including compensation, through the court system.

Employer Responsibilities

Employers in Mongolia have legal obligations to prevent and address discrimination. They are encouraged to develop and implement clear policies prohibiting discrimination and harassment in the workplace. Employers should also provide training to employees on anti-discrimination laws and policies to foster a discrimination-free environment. They should establish clear internal complaint mechanisms for reporting discrimination or harassment. Any allegations of discrimination must be thoroughly investigated, and appropriate corrective action must be taken if discrimination is found.

Important Considerations

Despite the progress, there are still important considerations to keep in mind. Mongolia does not currently have a standalone law specifically addressing discrimination, creating gaps in enforcement and protection. Even with existing laws, gaps remain in awareness, training, and enforcement of anti-discrimination provisions.

Mongolia's Labor Law of Mongolia (1999) establishes the framework for working conditions in the country. It sets standards for work hours, rest periods, and ergonomic requirements.

Work Hours

The maximum length of a regular workweek in Mongolia is 40 hours, as stated in Article 20.1 of the Labor Law of Mongolia. Overtime work is permissible but subject to specific restrictions and should be compensated at higher rates, according to Article 23 of the same law.

Rest Periods

Employees have the right to a lunch break and shorter rest breaks, depending on the length of their workday, as per Article 21 of the Labor Law of Mongolia. For a workday exceeding 8 hours, the lunch break must be at least one hour. Workers are entitled to a minimum of 12 hours of uninterrupted rest between workdays. Employees should also have at least 48 hours of consecutive rest within a 7-day period.

Ergonomic Requirements

While there aren't extensive regulations dedicated solely to ergonomics in Mongolia, the Labor Law includes general provisions relating to workplace safety and health. Employers have a duty to provide a safe and healthy working environment for their employees, as stated in Article 12.1 of the Labor Law of Mongolia. This includes minimizing potential risks and hazards that could lead to injuries or musculoskeletal disorders. Although not explicitly regulated, employers should consider basic ergonomic principles when designing workspaces. This could include providing adjustable furniture, promoting healthy postures, and allowing for movement breaks to reduce repetitive strain.

Mongolia prioritizes worker well-being through a robust framework of health and safety regulations. This framework outlines employer obligations, employee rights, and the enforcement agencies responsible for upholding these regulations.

Employer Obligations

The Law on Labor Safety and Hygiene (2008) serves as the cornerstone of occupational safety and health (OSH) in Mongolia. It mandates employers to:

• Provide a Safe Work Environment: Employers must identify and mitigate workplace hazards to create a safe and healthy work environment. This includes implementing engineering controls, providing personal protective equipment (PPE), and following safe work procedures.
• Conduct OSH Training: Employers are obligated to conduct regular training on labor safety and hygiene for all employees. This training covers various aspects, including hazard identification, risk mitigation strategies, and emergency response procedures.
• Maintain Health Records: Employers must maintain employee health records, particularly for those working in hazardous conditions.

Employee Rights

The Mongolian legal framework empowers employees with the right to a safe and healthy workplace. Employees have the right to:

• Work in a Safe Environment: Employees are entitled to work in a workplace that meets established OSH standards. This includes the right to refuse work deemed unsafe and to report any safety violations to the employer.
• OSH Information and Training: Employees have the right to receive information on workplace hazards and the training necessary to work safely.
• Medical Insurance: Employees are entitled to medical insurance coverage for work-related injuries and occupational diseases.

Enforcement Agencies

The Ministry of Labor and Social Welfare (MOSWL) is the primary government agency responsible for overseeing OSH compliance in Mongolia. MOSWL enforces regulations through its Labor Inspection Department, which conducts inspections and investigates workplace accidents.

The General Agency for Specialized Inspection (GASI) also plays a crucial role in OSH enforcement. GASI conducts inspections focusing on specific industries and potential hazards.

These agencies collaborate to ensure a safe and healthy work environment for Mongolian employees.