By: James Kang

Who Is Covered

The law applies to foreign employees and their employers, who are monitored by the Labour Authority, Ministry of Labour and Social Protection, and other non-governmental organizations.

Key Rights and Protections 

Work permit for foreign employees

• Employers are required to submit an application on behalf of the foreign employee to the Labor Authority. The work permit is issued for up to a year, with the procedure being approved by the Ministry of Labour and Social Protection

• Work permits should contain the full name and nationality of the foreign employee, the name of the employer, and the location of the work

• Extensions can be given but may not exceed 5 years

• Special permits can be suspended if there are violations

Mediation services

• The employer is responsible for the following expenses

• Transportation, training and education, health examination, and foreign visa

Common Violations 

• Actions that violates the law itself

• If an employer failed to take appropriate measures to follow the law despite being able to

• If the employer violates the law to benefit the company or themselves

• Punishing the company doesn’t excuse the violator, as they still face criminal charges

• Punishing the violator doesn’t excuse the company, as the company can still face criminal charges

• There are certain employment arrangements prohibited, especially human trafficking, kidnapping, property rights, and economic crimes

Where to Get Help 

As aforementioned, the Labour Migration Law 2021 is monitored by the Labour Authority, which inspects foreign employees at least once a year. The Ministry of Labour and Social Protection provides advice, guidelines, and directions during inspections, while non-governmental organizations independently monitor the LML.

As summarized by the law, support for Mongolian workers is heavily emphasized, as Mongolia understands that they are the host country for most migrant workers. 

Mongolia has a diplomatic mission, which highlights:

• Providing information related to culture, customs, working conditions, social security, and health services in Mongolia

• Protecting the rights and interests of Mongolian workers

• Researching and presenting information on Mongolian labor laws

• Providing legal assistance to employees

• Developing proposals for more permits

• Creating quarterly informative reports on Mongolian citizens working in the country

Sources

Ahern, M. (2022). Labour Migration Law effective from 01 July 2022. PWC. https://www.pwc.com/mn/en/tax_alerts/pdf/tax_alert_mn_03_2022.pdf

KGTiger. (2023, November 11). Explore employer of record in Mongolia. https://www.kgtiger.com/country/mongolia/

Mayer, B. (2014). The Rights of Mongolia’s Internal Migrants under International Law: Climatic, Domestic and Commercial Responsibilities. Benoit Mayer. http://www.benoitmayer.com/files/Mongolia_JEAIL.pdf