Resolution of collective labor disputes under the laws of Mongolia and the Russian Federation (comparative study) Zalmaa Sukhbaatar. Mongolia suffers from the highest unemployment in Asia Laws of Mongolia in Russian

State in Central Asia.
Territory - 1566.5 thousand sq. km. The capital is Ulaanbaatar.
Population - 2.438 million people. (1996); over 90% are Mongols.
The official language is Mongolian.
Religion - Buddhism in the form of Lamaism.
The Mongols founded the first unified state at the beginning of the 13th century. Genghis Khan, proclaimed Great Khan in 1206. He and his successors, during wars of conquest in Asia and Europe, created the Mongol Empire, which lasted until the last third of the 14th century. In the 17th century Mongolia was conquered piecemeal by the Manchus and until 1911 was part of the Qing Empire. In 1911, the independence of Mongolia was proclaimed and national statehood was restored in the form of a feudal-theocratic monarchy led by the Bogdykhan, the highest spiritual hierarch of the Lamaist church in the country. From 1915 to 1919, the country was under the formal suzerainty of China. In 1921, the People's Revolution was victorious in Mongolia with the support of Soviet troops; in November 1924, the Mongolian People's Republic was proclaimed. In 1940, the beginning of the construction of socialism was announced. In 1990-1992 the country moved to a multi-party system, market reforms began.

State structure

Mongolia is a unitary state. Administrative-territorial division - 21 aimags (aimags are divided into soums) and the capital.
The Constitution of Mongolia is in force from January 13, 1992, which came into force on February 12, 1992 (previously there were constitutions of 1924, 1940, 1960).
According to the form of government, Mongolia is a parliamentary-presidential republic with some elements of a Soviet republic (according to the Constitution, the State Great Khural is the highest body of state power, to which the President and the Government are accountable). Political regime: democracy in the process of formation.
Legislative power is exercised by the unicameral parliament, the State Great Khural (SGH), consisting of 76 members elected by direct universal suffrage for a term of 4 years. VGH can terminate its activities ahead of schedule only as a result of self-dissolution. The corresponding decision of the Khural can be made by at least 2/3 of all its members.
The VGH has the right to bring up for discussion any issues of the state’s domestic and foreign policy. Its exclusive competence: to determine the foundations of domestic and foreign policy; adopt laws, make additions and changes to them; upon the recommendation of the Government of Mongolia, ratify and denounce international treaties; determine the financial, credit, tax and monetary policies of the state, the main directions of the country’s socio-economic development, adopt the Government’s program of activities, the state budget and a report on its execution; appoint, dismiss and accept the resignation of the Prime Minister, members of the Government, as well as other bodies legislatively accountable directly to the Supreme State Administration; monitor and verify the implementation of laws and other decisions of the Supreme State Administration; declare a state of emergency or martial law throughout the country or in some parts of it, approve and repeal presidential decrees on these issues.
The VGH exercises its powers through sessions and other forms of activity. The quorum of the session is considered to have taken place when the absolute majority of the members of the Supreme State Assembly have attended, and all issues are resolved by the majority of the participants in the session, unless otherwise provided in the Constitution and other laws.
The right of legislative initiative is vested in the President of Mongolia, members of the Supreme State Council and the Government. The VGH officially publishes the laws of Mongolia, which come into force 10 days after publication, unless otherwise provided by law.
The President may veto laws and other decisions approved by the Supreme State Council in whole or in part. The veto imposed by the President is discussed by the Supreme Council, and if 2/3 of all members who took part in the session reject it, then this law or decision is considered to have entered into force.
The head of state is the President, who is a symbol of the unity of the Mongolian people and the commander-in-chief of the country's armed forces. He is elected on an alternative basis by universal direct and secret suffrage for a term of 4 years. The President can only be re-elected for one more term.
In the foreign policy field, the President represents Mongolia in foreign relations, in agreement with the Supreme State Council, concludes international treaties, appoints and recalls the heads of plenipotentiary missions of Mongolia in foreign countries; accepts credentials and letters of recall from the heads of plenipotentiary missions of foreign states accredited in Mongolia.
In the sphere of domestic politics, the President proposes to the Supreme Court a candidate for the post of Prime Minister nominated by the party that received the majority of seats in the Supreme Civil Council, or, in the absence of such a party, a candidacy agreed upon with all parties represented in the Supreme Government; submits to the Supreme State Council a proposal for the resignation of the Government; on issues related to his powers, gives instructions to the Government. If the President issues a decree on these issues, it comes into force after it is signed by the Prime Minister.
The President also has a number of other usual powers of the head of state: exercises the right of suspensive veto, awards high state and military ranks, awards orders and medals; grants pardon; resolves citizenship issues.
According to the Constitution (Article 35), the President is accountable to the Supreme State Administration in his activities. If he violates the oath, the Constitution and his powers, the Supreme State Council, based on the conclusion of the Court of Constitutional Supervision, dismisses him with an overwhelming majority of votes.
If the decrees of the President do not comply with the law, then he himself or the Supreme State Administration cancels them.
Executive power is exercised by the Government, consisting of the Prime Minister and members appointed by Parliament. The VGH President proposes a candidacy for the post of Prime Minister. However, it is nominated by the party of the parliamentary majority, and if there is no such party, it is agreed upon by the President with all parties represented in the Verkhovna Rada. The Prime Minister of Mongolia, in agreement with the President, submits proposals on the structure and composition of the Government to parliament for consideration. On the recommendation of the Prime Minister, members of the Government are personally discussed and appointed by the Supreme Council.
The government develops and introduces into the Supreme State Economy the main directions of economic and social development, a unified policy in the field of science and technology, a financial and credit plan, and the state budget; implements decisions made; carries out operational management of central government bodies, directs the activities of local authorities; conducts state foreign policy; in agreement with the Supreme State Council and subsequent ratification, concludes and implements international treaties of Mongolia, including intergovernmental ones, and terminates their validity.
The Constitution enshrines the principle of accountability of the VGH Government. The Constitution establishes Government reports and a vote of no confidence as forms of political responsibility of the Government to Parliament. The Supreme State Council brings up for discussion the issue of the resignation of the Government at the official proposal of at least a quarter of its members, at the request of the President or the Government itself.
The Government, within the framework of its powers, adopts resolutions and directives that comply with current legislation and are signed by the Prime Minister and the minister in charge of these issues. If regulations and directives do not comply with the law, they are canceled by the Government itself or the VGH.

Legal system

general characteristics

The modern legal system of Mongolia is part of the Romano-Germanic legal family, retaining certain features of socialist law.
The first legislative monument of Mongolian law was “Yasa” (in Turkic, in Mongolian - dzasak - law, regulation, prohibition, punishment) of Genghis Khan in 1206, which codified the customs that existed in Mongolian society. "Yasa" contained norms of state, administrative (taxes, duties), criminal, and civil law. Genghis Khan's "Great Yasa" served as the basis for governing the conquered countries.
The second codification of Mongolian law was the “Ikh Tsaaz” (Great Code), or Mongol-Oirat laws of 1640, followed by the Khalkha Jirum of 1709. They legally consolidated the social relations that had developed in Mongolian society and represented steppe customary and feudal law, which received sanction of the law. In subsequent years, Mongolia gradually implemented laws issued by the Manchu authorities, in particular the so-called Code of the Chinese Chamber of Foreign Relations of 1815.
By the beginning of the 20th century. In terms of the level of its socio-economic development, Mongolia was one of the most backward countries in Asia, where feudal relations almost reigned supreme (even serfdom was preserved). There was not a single modern legal institution in the country.
After the victory of the People's Revolution of 1921, a completely new legal system was gradually and largely artificially created in Mongolia, which had the legal system of the USSR as a role model. Before the creation of the law faculty of the university in Ulaanbaatar, all Mongolian lawyers were trained in Irkutsk and other Soviet scientific centers. In 1922, torture and corporal punishment were abolished in Mongolia. In 1924, the first Constitution in the country's history was adopted, declaring Mongolia a "People's Republic in which the highest state power belongs to the true people." In 1926, the first Criminal Code was approved, and in 1927, the codification of new civil legislation began.
In 1929-1930 a struggle unfolded in the country to eliminate the economic foundations of feudalism, which ended by 1939 with the complete elimination of the feudal class; At the same time, the cooperation of the arats began. In 1940, the completion of the mainly anti-feudal program of the revolution and the beginning of the construction of socialism were officially announced. The new Constitution of 1940 described the Mongolian People's Republic as "the state of the working people (Arat cattle breeders, workers and intelligentsia), who destroyed imperialist and feudal oppression, providing a non-capitalist path for the country's development for the future transition to socialism." It also consolidated the leading role of the Mongolian People's Revolutionary Party (MPRP) in society and the state.
Based on the Constitution of 1940, a socialist legal system was created in Mongolia. In 1944, a decree of the Council of Ministers of the MPR was adopted on the organization of the legal profession, in 1948 - a Decree of the Presidium of the Small Khural of the MPR on the judicial system of the MPR, in 1949 - the Criminal Procedure Code of Mongolia, in 1952 the Civil Code.
At the end of the 1950s. With the completion of the cooperation of Arat farms, it was announced that the Mongolian People's Republic "completed the transition from feudalism to socialism, bypassing capitalism." Socialist production relations and the political system were enshrined in the Constitution of 1960. After this, codification work was continued (adopted by the Criminal Code of 1961, the Criminal Procedure Code of 1964, the Civil Procedure Code of 1967, the Family Code of 1973).
In the early 1990s. Mongolia became the first Asian country to proclaim the transition from a Marxist-Leninist socialist system to a society based on political and ideological pluralism and economic freedom. Already in 1990, a multi-party system was legalized in the country. The change in the social system was secured by the 1992 Constitution, based on the same principles as most of the newest fundamental laws: democracy, separation of powers, priority of human rights, diversity of forms of ownership. The purpose of the Constitution is to build and develop a humane, civil, democratic society in the country. A major step towards a rule of law state is the strengthening of legal, primarily judicial, guarantees of human rights and freedoms in the Mongolian Constitution.
Fundamental changes in the field of private law are enshrined in the new Civil Code adopted in 1994. As a result of these and other reforms, Mongolia by the mid-1990s. in general moved from the socialist legal family to the Romano-Germanic one.
The main source of law in Mongolia is legislative and other regulatory legal acts. Their hierarchy includes the Constitution, laws of the Supreme State Economy, decrees of the President, decrees and directives of the Government, by-laws of ministries and departments, and local governments.
According to the Constitution (Article 11), from the moment the law regulating the approval or accession of Mongolia to international treaties comes into force, the latter have the same force as domestic legislation.
A special place in the system of sources of law is occupied by decisions of the Court of Constitutional Supervision, by which any norm of law or by-law can be annulled.

Civil and related
branches of law

Civil law of Mongolia in its modern European understanding arose only after the victory of the People's Revolution of 1921.
According to the Constitution of 1924, land, its subsoil, forests, waters and their wealth were declared the exclusive property of the state; the debt of both the state and private individuals to foreign capitalists was completely eliminated; the need to introduce a state monopoly of foreign trade, equal rights for workers, as well as the right for the masses to organize unions, cooperatives, etc. were proclaimed; It was not allowed for individuals or groups to use their rights to the detriment of the interests of the state.
In development of these constitutional provisions, the first civil laws were issued, and starting in 1927, the Code of Civil Laws was adopted in separate parts. The Code was based on the new production relations emerging in the country. At the same time, it also took into account the presence of remnants of feudalism.
The code of civil laws consisted of 10 chapters: on guardianship (Chapter I); on inheritance (chapter II); on civil registration authorities and the procedure for registering these acts (Chapter III, the same chapter contained norms of family law); about persons (chapter IV); about things (chapter V); on prescription (Chapter VI); on pledge (Chapter VII); on the law of obligations (chapters VIII-X). Equal property rights of citizens were proclaimed regardless of their gender, nationality and religion (Article 80). Some advantages were established for the state compared to other participants in economic turnover; land and other property withdrawn from private circulation, as well as treasury property, could not be acquired by private individuals due to prescription. The norms of the Code of Civil Laws reflect the policy of limiting the “exploiting” classes. In particular, a licensing procedure for the emergence of private capitalist legal entities was established (Article 87). If the activities of such persons contradicted the laws or caused damage to the state, they were subject to immediate liquidation (Article 88). Illegal contracts, as well as those contrary to public order and public morals, aimed at circumventing the law, obvious damage to the interests of the population and the state treasury (Article 191), as well as those concluded by traders with the aim of raising prices for essential items “without any special justification”, were declared invalid. reasons" (Article 192).
The Constitution of 1940 secured the exclusive ownership of the state in the main wealth and means of production, the range of objects of which was significantly expanded compared to the Constitution of 1924, the socialist property of cooperative and other public organizations and the personal property of citizens.
The socialist civil law of Mongolia was further developed in the Civil Code of the MPR, adopted on May 27, 1952 by decree of the Presidium of the Great People's Khural of the MPR. This Code consisted of 319 articles regulating property and some non-property relations of participants in economic turnover. In addition to the general part, sections of property law and law of obligations, it also contains regulations on copyright, the right to invention and inheritance law. The Code does not include norms regulating relations arising from the use of land, pasture and haylands, relations in the hiring of labor and family relations. In addition, the Code does not include rules regarding disputes subject to resolution in state arbitration (Article 43 of the Civil Code), i.e. rules governing the main range of relations between government agencies and enterprises, in particular relations arising from a supply agreement. These relations have become the subject of a number of specially issued laws and regulations.
The vast majority of the provisions of Mongolian civil law under the Civil Code of 1952 copied the corresponding provisions of Soviet civil law (Civil Code of the RSFSR 1922 with subsequent amendments). Property law included the right not only of property, but also of development and mortgage of property. Following the Constitution, the Civil Code of 1952 established three forms of ownership: state, cooperative and other public organizations, and personal property of citizens. All land was nationalized and belonged to the state.
As in other former socialist states, civil law in Mongolia has undergone dramatic changes due to the change in socio-political system in the early 1990s.
According to the 1992 Constitution, the state recognizes all forms of public and private property and protects property rights by law (clause 2 of article 5). The economy of Mongolia is multi-structured in nature (clause 1 of article 5). Livestock is recognized as a national treasure and is under state protection (clause 5 of article 5).
The new Civil Code of Mongolia was adopted in 1994 and came into force on January 1, 1995. In its structure and conceptual content, it is a highly abbreviated version of the new Civil Code of the Russian Federation. The Mongolian Civil Code has a total of 436 articles, divided into 7 parts: General provisions (Part I); Ownership (Part II); General provisions on obligations (Part III); Contractual obligations (part IV); Non-contractual obligations (part V); Right of inheritance (Part VI); International private law (Part VII).
The classification of forms of ownership is somewhat unique. Article 74 establishes a general division of property into private and public. Public property includes state property (Article 143), local property (Article 144), property of public organizations (Article 145), property of religious organizations (Article 146). The property of foreign citizens, legal entities, foreign government and international organizations is also highlighted in a separate chapter.
Since the Civil Code of 1994 contains extremely sparse rules on commercial organizations, the relevant relations are regulated by separate laws. The first major act aimed at creating a legal framework for market relations was the Law on Business Structures of 1991, based on the Law on Business Companies of Hungary of 1988. It was later replaced by the Law on Business Companies and Partnerships of 1995. The latter provides for four organizational legal forms: general and limited partnerships, limited liability companies and joint stock companies.
In 1991, laws were adopted on banking, on bankruptcy, on consumer protection, in 1993 - laws on copyright, on unfair competition, Patent Law, in 1995 - laws on securities, on unitary enterprises, on cooperatives . The activities of foreign investors are regulated by the Foreign Investment Law of 1993.
As in other former socialist countries, one of the main directions of economic reforms in Mongolia is the transfer of state-owned enterprises to private hands. The privatization program began in October 1991 with the issuance of free privatization checks (vouchers) to all Mongols. At the second stage of privatization, enterprises (blocks of shares) began to be sold for cash.
Particularly important in Mongolia, as a predominantly agricultural country, is the regulation of land relations. According to the 1992 Constitution, the land, its subsoil, forests, waters, fauna and other natural resources in Mongolia belong only to the people and are under the protection of the state (clause 1 of article 6). Land, with the exception of pastures, land plots for public and special use, can be transferred into ownership only to citizens of Mongolia. Citizens are prohibited from selling, commercializing, donating or pledging land, or transferring it into the possession of foreigners and stateless persons. It is prohibited to transfer land to other persons for possession and use without the sanction of state bodies (clause 3 of article 6). The state can impose appropriate obligations on land owners (based on state interests), replace or confiscate land with commensurate compensation, and also confiscate it if the land is used to the detriment of human health, nature, or the interests of state security (clause 4 of article 6).
The 1994 Land Law of Mongolia regulates the ownership and use of land, as well as the protection of land resources. According to this act, Mongolian citizens and organizations can lease state land for a period of 60 years with a subsequent extension of the lease for another 40 years. However, the initial lease period for cultivated land cannot exceed 25 years. Lease rights are inherited.
Certain reforms in Mongolia in the 1990s. labor law was subjected, which adapts to market relations while maintaining a high level of guarantees of labor rights (Labor Law 1991). The Constitution (clause 4 of Article 16) enshrines the right to free choice of profession, provision of favorable working conditions, receipt of wages, and rest. It is not allowed to force anyone to work in violation of the law. Since the early 1990s. There are free trade unions in Mongolia.

Criminal law and procedure

The first Criminal Code of Mongolia was adopted in October 1926 and consisted of 227 articles. Already in 1929, it was replaced by a new Criminal Code, the modified norms of which reflected the aggravation of the political struggle in the country (the beginning of mass “cleansings” and repressions). The Third Criminal Code of 1934 increased the number of “counter-revolutionary” crimes and included a new chapter on military crimes. In 1942, it was replaced by the next Criminal Code, which was in force with numerous amendments until January 31, 1961, when the last socialist Criminal Code of the MPR came into force. In its content (including structure, list of types of punishment, formulations of crimes) it differed little from the Civil Code of the RSFSR of 1961.
Over 25 years, more than 100 additions and changes were made to the Criminal Code of the Mongolian People's Republic of 1961. Despite this, on July 1, 1987, a new edition of the Criminal Code came into force. In a special part, two new chapters were included: “Crimes against the protection of nature and its wealth” and “Crimes against traffic safety”. Changes made to the Criminal Code on issues of criminal punishment increased liability for serious crimes and recidivism, while mitigating liability for crimes committed for the first time or through negligence.
During the period of democratic reforms in the 1990s. New significant amendments were made to the Criminal Code of Mongolia. Many acts directed against the socialist system, ideology and the socio-economic relations that prevailed in the Mongolian People's Republic have been decriminalized. At the same time, a significant number of new offenses have appeared, aimed against previously unknown types of crimes, in particular, those characteristic of a market economy. Among the types of punishment in Mongolia, the death penalty remains, which can only be imposed on adult men.
Criminal procedure in Mongolia until the late 1980s. was almost no different from the Soviet criminal process. With the beginning of democratic reforms, a course towards the transition from an inquisitorial process to an adversarial one was proclaimed; a number of new democratic norms and institutions that meet international standards were included in criminal procedural legislation. Despite this, the criminal process in Mongolia is still accusatory in nature, adversarial and equal rights of the parties are not ensured.
The 1992 Constitution, contrary to prevailing international practice, did not enshrine the principle of judicial control over arrests. A prosecutor's sanction is still sufficient for detention. At the same time, the Basic Law (clause 14 of Article 16) guarantees citizens the right to appeal in court violations of their rights and freedoms proclaimed in the Constitution and international treaties; the right not to testify against oneself, one’s family members, parents and children; the right to defense by a lawyer, legal assistance, verification of evidence, a fair trial, personal participation in a court hearing, a cassation appeal and a petition for pardon. It is prohibited to exert pressure or use force to obtain evidence against oneself. According to the Code of Criminal Procedure, any person has the right to a lawyer from the moment of detention, arrest or charge.

Judicial system. Control authorities

According to the Constitution (Article 47), judicial power in Mongolia is exercised exclusively by the court. Under no circumstances is it permitted to create courts outside the law and exercise judicial power to other bodies.
The judicial system includes the Supreme Court, courts of the capital and aimags, soum and inter-somon, district courts. Courts can be created for criminal, civil, administrative and other types of legal proceedings. The activities of the courts and their decisions are under the supervision of the Supreme Court.
The Supreme Court of Mongolia is the highest judicial body and has the following powers: 1) examines and makes decisions at the first stage of consideration of criminal cases and legal disputes falling under an article of law; 2) exercises cassation and audit control over the decisions of lower courts; 3) exercises supervision over issues referred by the Constitutional Court and the Prosecutor General relating to the protection of laws and legal human rights and freedoms; 4) gives the official interpretation of all laws except the Constitution; 5) makes decisions on other issues in accordance with the right granted by law.
The decisions of the Supreme Court are final. If the decision of the Supreme Court contradicts the law, then it itself overturns it. If the Supreme Court's clarification is contrary to the law, then the law must be followed. The Supreme Court, like all other courts, has no right to apply laws that do not comply with the Constitution or are not officially published.
The Supreme Court consists of a judge general and judges. The Judge General is appointed for a term of 6 years by the President on the proposal of the Supreme Court and from among its members. Judges of the Supreme Court are appointed by the President upon the recommendation of the General Judicial Council to the State Great Khural. Other judges - by the President on the proposal of the General Judicial Council.
Aimag and capital courts hear serious criminal offenses and major civil disputes at first instance. They also consider complaints against decisions of somon, inter-somon and district courts.
The courts of first instance are somonial, intersomonial and district courts; They handle minor criminal offenses and civil disputes up to a certain amount of the claim.
During the socialist period, military and railway courts and state arbitrations also operated in Mongolia to consider disputes between enterprises.
Judges of courts of all instances are irremovable; they cannot be dismissed except on the basis of the provisions of the Constitution and laws on the court, by an authorized decision of the court or at their own request. Previously, during the socialist period, all judges were appointed for a certain term.
In order to ensure the independence and independence of judges, there is a General Judicial Council, which, without participating in judicial activities, is engaged in the selection of judges from among lawyers, the protection of the interests of judges, and ensures the conditions for the independent activities of courts. The General Judicial Council has 12 members: the Judge General; Attorney General; Minister of Justice; secretary appointed by the President. Two members each are appointed by the Supreme Court and Parliament, another two each represent the aimag and capital courts and the courts of first instance.
In courts of all levels, cases and disputes are considered and resolved in accordance with the principle of collegiality. The judge can independently decide some cases that are specifically designated in the law. Representatives of citizens participate in the consideration of cases and disputes by the courts of first instance, in accordance with the procedure prescribed by law.
In accordance with the Constitution (Article 56), the prosecutor supervises the registration, investigation of the case, serving the sentence, and takes part in court hearings on behalf of the state. The Prosecutor General of the country and his deputies, in agreement with the Supreme State Administration, are appointed by the President for a period of 6 years.
The Constitutional Review Court of Mongolia, according to Article 64 of the Constitution, is a full-fledged body exercising supreme control over compliance with the Constitution. It consists of 9 members. Three of them, at the proposal of the VGH, three - at the proposal of the President, three - at the proposal of the Supreme Court, are appointed to these positions of the VGH for a period of 6 years. One of its members who receives a majority of the votes of the court members is elected as the Chairman of the Court of Constitutional Supervision for a period of 3 years. He can be re-elected once.
The Court of Constitutional Supervision resolves disputes regarding violations of the Constitution, in accordance with statements and communications from citizens, on its own initiative, at the request of the Supreme Court, the President, the Prime Minister, the Supreme Court, and the Prosecutor General.
The Constitutional Supervision Court presents opinions to the Supreme State Council on the following controversial issues: 1) compliance of laws, decrees, decisions of the Supreme State Council and the President, including decisions of the Government, international treaties of Mongolia with the Constitution of the country; 2) compliance with the Constitution of the decisions of the Central election bodies on the election of members to the Supreme State Council, the President, decisions on holding nationwide referendums; 3) the presence or absence of a violation of the law by the President, the Chairman of the Supreme State Council, its members, the Prime Minister, a member of the Government, the judge general of the Supreme Court, the prosecutor general; 4) the presence or absence of grounds for the resignation of the President, chairman of the Supreme State Council, the Prime Minister, or for the recall of a member of the Supreme State Council.
If the Supreme Court does not accept the above conclusion, the Court of Constitutional Supervision reviews it again and makes a final decision.
If the law, decree, other acts of the Supreme State Council and the President, as well as decisions of the Government, international treaties of Mongolia do not comply with the Constitution, then by decision of the Constitutional Supervision Court these acts are declared invalid. The decision of the Constitutional Review Court comes into force immediately after its adoption.

The Korea Herald is an English-language daily newspaper founded in 1953 and published in Seoul, South Korea. The editorial board consists of Korean and international writers and editors. The newspaper is characterized by additional coverage of news from international news agencies such as the Associated Press.

According to Researcher Firm Trading Economics (USA), Mongolia, Pakistan, Indonesia and the Philippines have the highest unemployment rates in Asia. In contrast, the lowest unemployment rates are found in Cambodia, Thailand and Laos.

Mongolia has an employment rate of 7.3 percent. There is unemployment in the country.

Even during the economic boom from 2010 to 2014, the country's employment rate remained stagnant. The causes of unemployment in society are represented by a complex of economic, social, climatic and ethnopsychological factors that contribute to the preservation of a significant number of unemployed people, especially in rural areas.

Pakistan, with an unemployment rate of 5.9%, ranks second. Political unrest in the country had a huge impact on the slowdown in the labor market, resulting in increased unemployment.

The unemployment rate can be determined by a national measure, an ILO harmonized measure, or an OECD harmonized measure. The OECD Unified Unemployment Measure shows the number of unemployed people as a percentage of the labor force (total number of employed people plus unemployed people). According to the International Labor Organization, the “unemployed” are those who are not currently working, but are willing and able to work for pay and are actively seeking work.

March 27 by the Minister of Labor and Social Protection of Mongolia S. Chinzorig presented to the Chairman of Parliament M. Enkhboldu revised Labor Law.

The Labor Law currently in force in Mongolia was adopted in 1999 and has been amended 24 times. It is believed that existing law does not fully cover all aspects of labor relations in a market economy, although it has served its purpose in the transition from a society in which the government has sole responsibility for labor relations.

In response to the need to expand the scope of the law and adapt it to current trends in labor relations and international standards, the Labor Law was revised.

Certain changes have been made: the range of issues covered by the law has been expanded, the basic rights and responsibilities of employees have been included, detailed provisions regarding international labor standards, discrimination, child labor and forced labor, working conditions have been spelled out, contract terms have been specified, and the end date of the contract upon hiring an employee has been eliminated for a permanent job. Regulations have been prepared on tripartite labor relations, part-time work, remote work, etc.

Legal system

general characteristics

The modern legal system of Mongolia is part of the Romano-Germanic legal family, retaining certain features of socialist law.

The first legislative monument of Mongolian law was “Yasa” (in Turkic, in Mongolian - dzasak - law, regulation, prohibition, punishment) of Genghis Khan in 1206, which codified the customs that existed in Mongolian society. "Yasa" contained norms of state, administrative (taxes, duties), criminal, and civil law. Genghis Khan's "Great Yasa" served as the basis for governing the conquered countries.

The second codification of Mongolian law was the “Ikh Tsaaz” (Great Code), or Mongol-Oirat laws of 1640, followed by the Khalkha Jirum of 1709. They legally consolidated the social relations that had developed in Mongolian society and represented steppe customary and feudal law, which received sanction of the law. In subsequent years, Mongolia gradually implemented the laws issued by the Manchu authorities, in particular the so-called Code of the Chinese Chamber of Foreign Relations of 1815.

By the beginning of the 20th century. In terms of the level of its socio-economic development, Mongolia was one of the most backward countries in Asia, where feudal relations almost reigned supreme (even serfdom was preserved). There was not a single modern legal institution in the country.

After the victory of the People's Revolution of 1921, a completely new legal system was gradually and largely artificially created in Mongolia, which had the legal system of the USSR as a role model. Before the creation of the law faculty of the university in Ulaanbaatar, all Mongolian lawyers were trained in Irkutsk and other Soviet scientific centers. In 1922, torture and corporal punishment were abolished in Mongolia. In 1924, the first Constitution in the country's history was adopted, declaring Mongolia a "People's Republic in which the highest state power belongs to the true people." In 1926, the first Criminal Code was approved, and in 1927, the codification of new civil legislation began.

In 1929-1930 a struggle unfolded in the country to eliminate the economic foundations of feudalism, which ended by 1939 with the complete elimination of the feudal class; At the same time, the cooperation of the arats began. In 1940, the completion of the mainly anti-feudal program of the revolution and the beginning of the construction of socialism were officially announced. The new Constitution of 1940 described the Mongolian People's Republic as "the state of the working people (Arat cattle breeders, workers and intelligentsia), who destroyed imperialist and feudal oppression, providing a non-capitalist path for the country's development for the future transition to socialism." It also consolidated the leading role of the Mongolian People's Revolutionary Party (MPRP) in society and the state.

Based on the Constitution of 1940, a socialist legal system was created in Mongolia. In 1944, a decree of the Council of Ministers of the MPR was adopted on the organization of the legal profession, in 1948 - a Decree of the Presidium of the Small Khural of the MPR on the judicial system of the MPR, in 1949 - the Criminal Procedure Code of Mongolia, in 1952 the Civil Code.

At the end of the 1950s. With the completion of the cooperation of Arat farms, it was announced that the Mongolian People's Republic "completed the transition from feudalism to socialism, bypassing capitalism." Socialist production relations and the political system were enshrined in the Constitution of 1960. After this, codification work was continued (adopted by the Criminal Code of 1961, the Criminal Procedure Code of 1964, the Civil Procedure Code of 1967, the Family Code of 1973).

In the early 1990s. Mongolia became the first Asian country to proclaim the transition from a Marxist-Leninist socialist system to a society based on political and ideological pluralism and economic freedom. Already in 1990, a multi-party system was legalized in the country. The change in the social system was secured by the 1992 Constitution, based on the same principles as most of the newest fundamental laws: democracy, separation of powers, priority of human rights, diversity of forms of ownership. The purpose of the Constitution is to build and develop a humane, civil, democratic society in the country. A major step towards a rule of law state is the strengthening of legal, primarily judicial, guarantees of human rights and freedoms in the Mongolian Constitution.

Fundamental changes in the field of private law are enshrined in the new Civil Code adopted in 1994. As a result of these and other reforms, Mongolia by the mid-1990s. in general moved from the socialist legal family to the Romano-Germanic one.

The main source of law in Mongolia is legislative and other regulatory legal acts. Their hierarchy includes the Constitution, laws of the Supreme State Economy, decrees of the President, decrees and directives of the Government, by-laws of ministries and departments, and local governments.

According to the Constitution (Article 11), from the moment the law regulating the approval or accession of Mongolia to international treaties comes into force, the latter have the same force as domestic legislation.

A special place in the system of sources of law is occupied by decisions of the Court of Constitutional Supervision, by which any norm of law or by-law can be annulled.

Civil and related

branches of law

Civil law of Mongolia in its modern European understanding arose only after the victory of the People's Revolution of 1921.

According to the Constitution of 1924, land, its subsoil, forests, waters and their wealth were declared the exclusive property of the state; the debt of both the state and private individuals to foreign capitalists was completely eliminated; the need to introduce a state monopoly of foreign trade, equal rights for workers, as well as the right for the masses to organize unions, cooperatives, etc. were proclaimed; It was not allowed for individuals or groups to use their rights to the detriment of the interests of the state.

In development of these constitutional provisions, the first civil laws were issued, and starting in 1927, the Code of Civil Laws was adopted in separate parts. The Code was based on the new production relations emerging in the country. At the same time, it also took into account the presence of remnants of feudalism.

The code of civil laws consisted of 10 chapters: on guardianship (Chapter I); on inheritance (chapter II); on civil registration authorities and the procedure for registering these acts (Chapter III, the same chapter contained norms of family law); about persons (chapter IV); about things (chapter V); on prescription (Chapter VI); on pledge (Chapter VII); on the law of obligations (chapters VIII-X). Equal property rights of citizens were proclaimed regardless of their gender, nationality and religion (Article 80). Some advantages were established for the state compared to other participants in economic turnover; land and other property withdrawn from private circulation, as well as treasury property, could not be acquired by private individuals due to prescription. The norms of the Code of Civil Laws reflect the policy of limiting the “exploiting” classes. In particular, a licensing procedure for the emergence of private capitalist legal entities was established (Article 87). If the activities of such persons contradicted the laws or caused damage to the state, they were subject to immediate liquidation (Article 88). Illegal contracts, as well as those contrary to public order and public morals, aimed at circumventing the law, obvious damage to the interests of the population and the state treasury (Article 191), as well as those concluded by traders with the aim of raising prices for essential items “without any special justification”, were declared invalid. reasons" (Article 192).

The Constitution of 1940 secured the exclusive ownership of the state in the main wealth and means of production, the range of objects of which was significantly expanded compared to the Constitution of 1924, the socialist property of cooperative and other public organizations and the personal property of citizens.

The socialist civil law of Mongolia was further developed in the Civil Code of the MPR, adopted on May 27, 1952 by decree of the Presidium of the Great People's Khural of the MPR. This Code consisted of 319 articles regulating property and some non-property relations of participants in economic turnover. In addition to the general part, sections of property law and law of obligations, it also contains regulations on copyright, the right to invention and inheritance law. The Code does not include norms regulating relations arising from the use of land, pasture and haylands, relations in the hiring of labor and family relations. In addition, the Code does not include rules regarding disputes subject to resolution in state arbitration (Article 43 of the Civil Code), i.e. rules governing the main range of relations between government agencies and enterprises, in particular relations arising from a supply agreement. These relations have become the subject of a number of specially issued laws and regulations.

The vast majority of the provisions of Mongolian civil law under the Civil Code of 1952 copied the corresponding provisions of Soviet civil law (Civil Code of the RSFSR 1922 with subsequent amendments). Property law included the right not only of property, but also of development and mortgage of property. Following the Constitution, the Civil Code of 1952 established three forms of ownership: state, cooperative and other public organizations, and personal property of citizens. All land was nationalized and belonged to the state.

As in other former socialist states, civil law in Mongolia has undergone dramatic changes due to the change in socio-political system in the early 1990s.

According to the 1992 Constitution, the state recognizes all forms of public and private property and protects property rights by law (clause 2 of article 5). The economy of Mongolia is multi-structured in nature (clause 1 of article 5). Livestock is recognized as a national treasure and is under state protection (clause 5 of article 5).

The new Civil Code of Mongolia was adopted in 1994 and came into force on January 1, 1995. In its structure and conceptual content, it is a highly abbreviated version of the new Civil Code of the Russian Federation. The Mongolian Civil Code has a total of 436 articles, divided into 7 parts: General provisions (Part I); Ownership (Part II); General provisions on obligations (Part III); Contractual obligations (part IV); Non-contractual obligations (part V); Right of inheritance (Part VI); International private law (Part VII).

The classification of forms of ownership is somewhat unique. Article 74 establishes a general division of property into private and public. Public property includes state property (Article 143), local property (Article 144), property of public organizations (Article 145), property of religious organizations (Article 146). The property of foreign citizens, legal entities, foreign government and international organizations is also highlighted in a separate chapter.

Since the Civil Code of 1994 contains extremely sparse rules on commercial organizations, the relevant relations are regulated by separate laws. The first major act aimed at creating a legal framework for market relations was the Law on Business Structures of 1991, based on the Law on Business Companies of Hungary of 1988. It was later replaced by the Law on Business Companies and Partnerships of 1995. The latter provides for four organizational legal forms: general and limited partnerships, limited liability companies and joint stock companies.

In 1991, laws were adopted on banking, on bankruptcy, on consumer protection, in 1993 - laws on copyright, on unfair competition, Patent Law, in 1995 - laws on securities, on unitary enterprises, on cooperatives . The activities of foreign investors are regulated by the Foreign Investment Law of 1993.

As in other former socialist countries, one of the main directions of economic reforms in Mongolia is the transfer of state-owned enterprises to private hands. The privatization program began in October 1991 with the issuance of free privatization checks (vouchers) to all Mongols. At the second stage of privatization, enterprises (blocks of shares) began to be sold for cash.

Particularly important in Mongolia, as a predominantly agricultural country, is the regulation of land relations. According to the 1992 Constitution, the land, its subsoil, forests, waters, fauna and other natural resources in Mongolia belong only to the people and are under the protection of the state (clause 1 of article 6). Land, with the exception of pastures, land plots for public and special use, can be transferred into ownership only to citizens of Mongolia. Citizens are prohibited from selling, commercializing, donating or pledging land, or transferring it into the possession of foreigners and stateless persons. It is prohibited to transfer land to other persons for possession and use without the sanction of state bodies (clause 3 of article 6). The state can impose appropriate obligations on land owners (based on state interests), replace or confiscate land with commensurate compensation, and also confiscate it if the land is used to the detriment of human health, nature, or the interests of state security (clause 4 of article 6).

The 1994 Land Law of Mongolia regulates the ownership and use of land, as well as the protection of land resources. According to this act, Mongolian citizens and organizations can lease state land for a period of 60 years with a subsequent extension of the lease for another 40 years. However, the initial lease period for cultivated land cannot exceed 25 years. Lease rights are inherited.

Certain reforms in Mongolia in the 1990s. labor law was subjected, which adapts to market relations while maintaining a high level of guarantees of labor rights (Labor Law 1991). The Constitution (clause 4 of Article 16) enshrines the right to free choice of profession, provision of favorable working conditions, receipt of wages, and rest. It is not allowed to force anyone to work in violation of the law. Since the early 1990s. There are free trade unions in Mongolia.

Criminal law and procedure

Over 25 years, more than 100 additions and changes were made to the Criminal Code of the Mongolian People's Republic of 1961. Despite this, on July 1, 1987, a new edition of the Criminal Code came into force. In a special part, two new chapters were included: “Crimes against the protection of nature and its wealth” and “Crimes against traffic safety”. Changes made to the Criminal Code on issues of criminal punishment increased liability for serious crimes and recidivism, while at the same time mitigating liability for crimes committed for the first time or through negligence.

During the period of democratic reforms in the 1990s. New significant amendments were made to the Criminal Code of Mongolia. Many acts directed against the socialist system, ideology and the socio-economic relations that prevailed in the Mongolian People's Republic have been decriminalized. At the same time, a significant number of new offenses have appeared, aimed against previously unknown types of crimes, in particular, those characteristic of a market economy. Among the types of punishment in Mongolia, the death penalty remains, which can only be imposed on adult men.

Criminal procedure in Mongolia until the late 1980s. was almost no different from the Soviet criminal process. With the beginning of democratic reforms, a course towards the transition from an inquisitorial process to an adversarial one was proclaimed; a number of new democratic norms and institutions that meet international standards were included in criminal procedural legislation. Despite this, the criminal process in Mongolia is still accusatory in nature, adversarial and equal rights of the parties are not ensured.

The 1992 Constitution, contrary to prevailing international practice, did not enshrine the principle of judicial control over arrests. A prosecutor's sanction is still sufficient for detention. At the same time, the Basic Law (clause 14 of Article 16) guarantees citizens the right to appeal in court violations of their rights and freedoms proclaimed in the Constitution and international treaties; the right not to testify against oneself, one’s family members, parents and children; the right to defense by a lawyer, legal assistance, verification of evidence, a fair trial, personal participation in a court hearing, a cassation appeal and a petition for pardon. It is prohibited to exert pressure or use force to obtain evidence against oneself. According to the Code of Criminal Procedure, any person has the right to a lawyer from the moment of detention, arrest or charge.

Judicial system. Control authorities

The judicial system includes the Supreme Court, courts of the capital and aimags, soum and inter-somon, district courts. Courts can be created for criminal, civil, administrative and other types of legal proceedings. The activities of the courts and their decisions are under the supervision of the Supreme Court.

The Supreme Court of Mongolia is the highest judicial body and has the following powers: 1) examines and makes decisions at the first stage of consideration of criminal cases and legal disputes falling under an article of law; 2) exercises cassation and audit control over the decisions of lower courts; 3) exercises supervision over issues referred by the Constitutional Court and the Prosecutor General relating to the protection of laws and legal human rights and freedoms; 4) gives the official interpretation of all laws except the Constitution; 5) makes decisions on other issues in accordance with the right granted by law.

The decisions of the Supreme Court are final. If the decision of the Supreme Court contradicts the law, then it itself overturns it. If the Supreme Court's clarification is contrary to the law, then the law must be followed. The Supreme Court, like all other courts, has no right to apply laws that do not comply with the Constitution or are not officially published.

The Supreme Court consists of a judge general and judges. The Judge General is appointed for a term of 6 years by the President on the proposal of the Supreme Court and from among its members. Judges of the Supreme Court are appointed by the President upon the recommendation of the General Judicial Council to the State Great Khural. Other judges - by the President on the proposal of the General Judicial Council.

Aimag and capital courts hear serious criminal offenses and major civil disputes at first instance. They also consider complaints against decisions of somon, inter-somon and district courts.

The courts of first instance are somonial, intersomonial and district courts; They handle minor criminal offenses and civil disputes up to a certain amount of the claim.

During the socialist period, military and railway courts and state arbitrations also operated in Mongolia to consider disputes between enterprises.

Judges of courts of all instances are irremovable; they cannot be dismissed except on the basis of the provisions of the Constitution and laws on the court, by an authorized decision of the court or at their own request. Previously, during the socialist period, all judges were appointed for a certain term.

In order to ensure the independence and independence of judges, there is a General Judicial Council, which, without participating in judicial activities, is engaged in the selection of judges from among lawyers, the protection of the interests of judges, and ensures the conditions for the independent activities of courts. The General Judicial Council has 12 members: the Judge General; Attorney General; Minister of Justice; secretary appointed by the President. Two members each are appointed by the Supreme Court and Parliament, another two each represent the aimag and capital courts and the courts of first instance.

In courts of all levels, cases and disputes are considered and resolved in accordance with the principle of collegiality. The judge can independently decide some cases that are specifically designated in the law. Representatives of citizens participate in the consideration of cases and disputes by the courts of first instance, in accordance with the procedure prescribed by law.

In accordance with the Constitution (Article 56), the prosecutor supervises the registration, investigation of the case, serving the sentence, and takes part in court hearings on behalf of the state. The Prosecutor General of the country and his deputies, in agreement with the Supreme State Administration, are appointed by the President for a period of 6 years.

The Constitutional Review Court of Mongolia, according to Article 64 of the Constitution, is a full-fledged body exercising supreme control over compliance with the Constitution. It consists of 9 members. Three of them, at the proposal of the VGH, three - at the proposal of the President, three - at the proposal of the Supreme Court, are appointed to these positions of the VGH for a period of 6 years. One of its members who receives a majority of the votes of the court members is elected as the Chairman of the Court of Constitutional Supervision for a period of 3 years. He can be re-elected once.

The Court of Constitutional Supervision resolves disputes regarding violations of the Constitution, in accordance with statements and communications from citizens, on its own initiative, at the request of the Supreme Court, the President, the Prime Minister, the Supreme Court, and the Prosecutor General.

The Constitutional Supervision Court presents opinions to the Supreme State Council on the following controversial issues: 1) compliance of laws, decrees, decisions of the Supreme State Council and the President, including decisions of the Government, international treaties of Mongolia with the Constitution of the country; 2) compliance with the Constitution of the decisions of the Central election bodies on the election of members to the Supreme State Council, the President, decisions on holding nationwide referendums; 3) the presence or absence of a violation of the law by the President, the Chairman of the Supreme State Council, its members, the Prime Minister, a member of the Government, the judge general of the Supreme Court, the prosecutor general; 4) the presence or absence of grounds for the resignation of the President, chairman of the Supreme State Council, the Prime Minister, or for the recall of a member of the Supreme State Council.

If the Supreme Court does not accept the above conclusion, the Court of Constitutional Supervision reviews it again and makes a final decision.

If the law, decree, other acts of the Supreme State Council and the President, as well as decisions of the Government, international treaties of Mongolia do not comply with the Constitution, then by decision of the Constitutional Supervision Court these acts are declared invalid. The decision of the Constitutional Review Court comes into force immediately after its adoption.

LAW OF MONGOLIA

ON THE LEGAL STATUS OF FOREIGN CITIZENS
/Updated edition/

CHAPTER FIRST
GENERAL PROVISIONS

Article 1. Purpose of the law

1.1. The purpose of this law is to regulate relations related to entry, exit, transit, residence and determination of the legal status of foreign citizens in Mongolia.

Article 2. Legislation on the legal status of foreign citizens

2.1. Legislation on the legal status of foreign citizens in Mongolia consists of the Constitution of Mongolia, this law and other legislative acts adopted in accordance with them.

2.2. If an international treaty of Mongolia establishes something different than what is provided for in this law, then the provisions of the international treaty shall apply.

Article 3. Persons related to this law

3.1. The provisions of this law apply to persons moving through the territory of Mongolia, to persons temporarily arriving on official or private business (hereinafter referred to in this law as “foreign citizens”), as well as to persons inviting foreign citizens.

3.2. Unless otherwise specified in the law, legal regulation in relation to foreign citizens equally applies to stateless persons.

Article 4. Privileges and immunities of employees of a diplomatic mission and employees of a consular post

4.1. The provisions of this law do not affect the privileges and immunities of employees of diplomatic missions, employees of consular offices, and employees of specialized UN missions.

Article 5. Definition of terms of law

5.1. The terms used in this law should be understood as:

5.1.1. “foreign citizen” - a person who does not have Mongolian citizenship and is a citizen of a foreign state;

5.1.2. “inviting” - citizens of Mongolia who have presented the property guarantees necessary for a foreign citizen’s stay in Mongolia and invited him, as well as business units, organizations and foreign citizens legally staying in Mongolia for more than 90 days;

5.1.3. “transit passenger” - a foreign citizen crossing the territory of Mongolia from one foreign state to another;

5.1.4. “temporary resident” - a foreign citizen who arrived in Mongolia for a period of up to 90 days;

5.1.5. “residing / staying / on private business” - a foreign citizen who arrived in Mongolia for a period of more than 90 days for the purpose of studying, working, investing, for family reasons or other personal matters;

5.1.6. “residing on official business” - a foreign citizen, members of his family who arrived in Mongolia for a period of more than 90 days at the invitation of government organizations or to work in accredited organizations, authorized intergovernmental bodies, in permanent missions of the UN and its specialized organizations, in correspondent offices of foreign and international media;

5.1.7. “stateless person” - a person who does not have citizenship of any country;

5.1.8. “emigrant” - a foreign citizen, a stateless person who has received permission to stay as an emigrant from an authorized organization of Mongolia;

5.1.9. "passport" - issued or recognized by international authorities
organizations, foreign governments or Mongolia documents for
visiting other countries;

5.1.10: “document replacing a passport” - a document confirming a person’s foreign citizenship, recognized under the law of Mongolia and international treaties, equivalent to a passport;

5.1.11. “Mongolian visa” - a sheet of permission for a foreign citizen to cross the border of Mongolia;

5.1.12. “visa permit” - a document allowing the organization of the state administration in charge of issues of foreign citizens, or the central body of the state administration in charge of issues of external relations, the diplomatic mission of Mongolia abroad to issue a visa to a foreign citizen;

5.1.13. “Les Pase” is a document issued to UN employees and officials /in accordance with Article 7 of the Convention on the Rights and Immunities of the UN/ to visit foreign states.

CHAPTER TWO
LEGAL STATUS OF FOREIGN CITIZENS

Article 6. Basic principles of the rights and obligations of foreign citizens

6.1. The rights and obligations of foreign citizens located on the territory of Mongolia are determined by the laws of Mongolia based on the principles of reciprocity with the states of which these persons are citizens.

Article 7. Features of the rights and obligations of foreign citizens

7.1. In order to ensure the independence of Mongolia, protect national security, and ensure public order, it is possible by law to establish restrictions on rights and freedoms with respect to foreign citizens, with the exception of inalienable human rights.

7.2. Foreign citizens except for the cases specified in 7.1. of this law, enjoy the same rights and freedoms and bear the same responsibilities as citizens of Mongolia.

7.3. A foreign citizen on the territory of Mongolia enjoys the following rights:

7.3.1. in accordance with the instructions of this law and other legislation, enter and stay in Mongolia;

7.3.2. with the permission of the Government

7.3.3. work at particularly important facilities;

7.3.4. seek political asylum;

7.3.5. other rights specified in the legislation.

7.4. A foreign citizen in Mongolia has the following responsibilities:

7.4.1. comply with the Constitution of Mongolia and other legislation, respect the traditions and customs of the Mongolian people;

7.4.2. register in accordance with the instructions of Articles 24, 26 of this law;

7.4.3. pay taxes specified in the legislation of Mongolia;

7.4.4. stay in Mongolia within the period specified in the visa and residence permit issued exclusively by the authorized bodies of Mongolia, and unless otherwise specified in international treaties, then within these periods or at the request of the authorized bodies, leave the country;

7.4.5. carry with you a passport, a residence permit issued by an authorized organization of Mongolia;

7.4.6. other duties specified by law.

7.5. A foreign citizen is not required to serve in the armed forces and other troops of Mongolia.

8.1. Foreign citizens are prohibited from conducting the following activities in Mongolia:

8.1.1. use the rights and freedoms defined by the legislation of Mongolia and international treaties to the detriment of the interests of Mongolia, the rights of citizens of this country and other persons, their legitimate interests;

8.1.2. participate and be elected in the elections of the President, members of the State Great Khural and local khurals, participate in referendums;

8.1.3. create organizations carrying out political activities on the territory of Mongolia, join them, provide them with property or financial support, or conduct any other political activities;

8.1.4. conduct propaganda against the national unity of Mongolia,
against national traditions and customs, propaganda of religious movements,
forms of violence, debauchery, inhumane drugs, their distribution and
usage;

8.1.5. conduct activities without permission that require permission from an authorized organization or official;

8.1.6. violate the visa and registration regime, the order of residence, carry out labor activities without the permission of an authorized organization and change place of residence;

8.1.7. other types of activities specified in the legislation.

CHAPTER THREE
POWERS OF STATE BODIES AND OFFICIALS, RESPONSIBILITIES OF ECONOMIC UNITS AND CITIZENS

Article 9. Powers of state bodies and officials

9.1. The President of Mongolia grants the right of asylum to foreign citizens persecuted for beliefs and views that are respected and valued in Mongolia.

9.2. The Government of Mongolia exercises the following powers in relation to foreign citizens:

9.2.1. approves the procedure for issuing visas to Mongolia and visas to free zones;

9.2.2. approves the procedure for residence and registration of foreign citizens in Mongolia;

9.2.3. approves the procedure for the expulsion of foreign citizens from Mongolia and the timing of the ban on entry into Mongolia;

9.2.4. other powers specified in the law.

9.3. The member of the Government in charge of justice issues exercises the following powers in relation to foreign citizens:

9.3.1. approves a sample certificate of a foreign citizen for his residence in Mongolia, a sample certificate of a stateless person, the procedure for their possession, storage and use;

9.3.2. approves the moral and disciplinary charter of the state inspector for control of foreign citizens;

9.3.3. approves the procedure for creating a unified information fund of foreign citizens and the procedure for exchanging information;

9.3.4. approves the procedure for the bail specified in 36.5 of this law, its return and determination of its amount;

9.3.5. other powers specified in the law.

9.4. The member of the Government in charge of foreign relations exercises the following powers in relation to foreign citizens:

9.4.1. in agreement with the member of the Government in charge of justice issues, appoints and dismisses justice attachés at diplomatic missions of Mongolia abroad;

9.4.2. other powers specified in the law.

9.5. The head of the public administration body in charge of issues of foreign citizens exercises the following powers:

9.5.1. organizes the implementation of legislation, charters, regulations on the legal status of foreign citizens;

9.5.2. approves the procedure for conducting interviews with foreign citizens who have expressed a desire to adopt children of Mongolian citizenship;

9.5.3. makes a decision to refuse a foreign citizen to leave Mongolia, to cancel such a decision, and approves the procedure for executing this decision;

9.5.4. approves the procedure for issuing invitations to visit Mongolia on private matters;

9.5.5. other powers specified in the law.

9.6. Prefects of aimags and capital districts are obliged to provide the state administration bodies in charge of issues of foreign citizens with summary information about the addresses and registration of foreign citizens living in their subordinate somons and khoroos once every six months.

9.7. Prefects of soums and khoroos have the following rights and responsibilities regarding foreign citizens:

9.7.1. keep address records of foreign citizens living on their territory;

9.7.2. provide explanations regarding the places of residence of foreign citizens;

9.7.3. cooperate with relevant organizations and officials regarding measures to prevent crimes and offenses among foreign citizens;

9.7.4. other rights and obligations specified by law.

Article 10. Responsibilities of citizens, business entities, inviting organizations foreign citizens

10.1. Citizens, business units, organizations that have invited foreign citizens to Mongolia for a period of more than 30 days have the following responsibilities:

10.1.1. register foreign citizens with the relevant authorities in accordance with the instructions of the law;

10.1.2. provide guarantees of the sources of livelihood required for the residence of foreign citizens in Mongolia;

10.1.3. ensure the return of the foreign citizen within the validity period of his Mongolian visa and residence permit.

10.2. Relations related to the type, form, procedure for notifying the guarantee specified in 10.1.2. of this law are regulated by the procedure specified in 9.2.2 of this law.

CHAPTER FOUR
MONGOLIA VISAS

Article 11. Mongolia visas

11.1. Unless otherwise specified in the international treaties of Mongolia, a foreign citizen upon entering Mongolia must obtain, in accordance with the established procedure, a Mongolia visa (hereinafter referred to as “visa”).

11.2. A visa is issued to a foreign citizen who has a valid foreign passport or other equivalent document.

11.3. The visa can also be issued on an insert sheet.

11.5. By type of visa, they differ into entry, exit - entry, transit, with a classification of the content of the purpose of crossing the border of Mongolia, single, double, multiple.

11.6. Obtaining a visa by a foreign citizen does not guarantee his entry into Mongolia.

11.7. The visa sample is approved jointly by members of the Government in charge of foreign relations and justice.

Article 12. Diplomatic visa

12.1. A diplomatic visa is issued to foreign citizens - holders of diplomatic passports, UN employees and officials who have a red “lese passe”.

12.2. A mark with the Latin letter “D” is placed on the visa insert of a diplomatic visa.

Article 13. Service visa

13.1.1. foreign citizens - holders of official passports, arriving and staying on official business, employees and officials of the UN and its specialized organizations, who have a blue "lease pas", foreign citizens and members of their families who have ordinary passports and are staying through international organizations;

13.1.2. foreign citizens with official and ordinary passports arriving at the invitation of state, administrative bodies, local governments, parties with seats in the State Great Khural;

13.1.3. foreign citizens with official and ordinary passports who arrived for work in accordance with intergovernmental treaties and agreements;

13.1.4. employees of foreign and international media holding official or ordinary passports.

13.2. The Latin letter “A” is placed on the insert of the service visa.

Article 14. Ordinary visa

14.1. Foreign citizens are issued an ordinary visa, except for the cases specified in Articles 12 and 13 of this law.

14.2. The Latin letter “E” is placed on the insert of an ordinary visa.

Article 15. Classification of visas

15.1. Depending on the purpose of crossing the border by a foreign citizen, visas of the following classifications are issued.

15.1.1. class "D" visa for foreign citizens specified in 12.1. this law;

15.1.2. class "A" visa for foreign citizens specified in 13.1. this law;

15.1.3. class "T" visa for foreign investors, executive officials who will work in business units with foreign investment, their branches and representative offices;

15.1.4. class "O" visa for foreign citizens arriving through non-governmental organizations and international humanitarian organizations;

15.1.5. class "B" visa for foreign citizens entering for work;

15.1.6. class "S" visa for foreign citizens coming for the purposes of study, advanced training, internship, scientific and research work;

15.1.7. class "J" visa for foreign citizens arriving for tourism purposes, regardless of the type of passport;

15.1.8. "НG" class visa, regardless of the type of passport, for foreign citizens coming to work under an employment contract;

15.1.9. visa class "SN" regardless of the type of passport for foreign citizens entering or coming to live through religious organizations;

15.1.10 “TS” class visa for foreign citizens who have received permission to immigrate to Mongolia;

15.1.11. class "H" visa, regardless of the type of passport, for foreign citizens arriving on personal business by private invitation.

Article 16. Visa issuing authorities

16.1. Visas are issued by the following organizations:

16.1.1. The central body of state administration in charge of foreign relations;

16.1.2. public administration bodies in charge of issues of foreign citizens;

16.1.3. diplomatic missions of Mongolia abroad, honorary consuls.

Article 17. Powers of visa issuing authorities

17.1. The central body of state administration in charge of issues of external relations exercises the following powers:

17.1.1. issues or refuses to issue visas of the classifications specified in 15.1.1. and 15.1.2. of this law, changes classification, extends or cancels visas.

17.2. When issuing visas, the public administration body in charge of issues affecting foreign citizens exercises the following powers:

17.2.1. issues multiple-entry, exit - entry visas of the classifications specified in 15.1.3.-15.1.11 to foreign citizens temporarily arriving in Mongolia or residing on private business. of this law, refuses to issue visas, changes their classification, extends the validity period or cancels them;

17.2.2. in the presence of the necessary documents for obtaining visas of one category or another, issues entry and transit visas to a foreign citizen directly at the border checkpoint of Mongolia, classifications in 15.1.3.-15.1.11. this law;

17.2.3. issues visas of the classifications specified in 15.1.1., 15.1.2 to foreign citizens at the border checkpoint of Mongolia. of this law, in accordance with the visa permit of the Central State Administration Authority in charge of foreign relations.

17.3. The diplomatic mission of Mongolia, the Honorary Consul of Mongolia exercises the following powers:

17.3.1. on the basis of a visa permit from the Central State Administration Authority in charge of external relations, visas are issued for a period of up to 30 days of the classifications specified in 15.1.4., 15.1.5., 15.1.7., as well as visas of classifications 15.1.1., 15.1. 2.;

17.3.2. on the basis of a visa permit from the state administration body in charge of matters for foreign citizens, visas other than those specified in 17.3.1 are issued. of this law.

Article 18. Visa validity period

18.1. Unless otherwise specified by international treaties of Mongolia, a single entry visa is valid for 90 days before the foreign citizen crosses the border of Mongolia.

18.2. Unless otherwise specified by international treaties of Mongolia, a multiple-entry temporary stay visa is valid for 183 or 365 days with a period of stay in Mongolia of up to 30 days.

18.3. A multiple-entry visa for foreign citizens residing in Mongolia on official or private business is valid for the duration of their residence permit.

18.4. An exit-entry visa issued to foreign citizens residing in Mongolia on official or private business is valid for 180 days from the date of departure from Mongolia.

18.5. The visa slip indicates the validity period of the visa in the sequence - year, month, day.

Article 19. Establishment of the period of stay in Mongolia in accordance with the visa

19.1. Unless otherwise specified by international treaties of Mongolia, the period of stay of a foreign citizen in the country from the moment of crossing the border of Mongolia is determined and indicated in the visa as follows:

19.1.1. temporarily staying - up to 90 days;

19.1.2. transit passenger - up to 10 days;

19.1.3. for those living in Mongolia on official or private business without specifying a period or until receiving a residence permit.

19.2. The deadlines specified in 19.1.1. of this law, the government body in charge of issues of foreign citizens may extend it once up to 30 days.

Article 20. Visas and visa permits

20.1. Visas and visa permits are issued taking into account the application of the inviting party and the guarantees specified in 10.1.2. of this law.

20.2. The inviter sends a request for the issuance of diplomatic and service visas to a foreign citizen to the Central State Administration Body in charge of issues of foreign relations, and for the issuance of an ordinary visa - to the state administration body in charge of issues of foreign citizens.

20.3. Visa issuing authorities specified in 16.1. of this law, when deciding to issue visas to foreign citizens who have expressed a desire to reside in Mongolia for official or private reasons, medical tests may be required.

20.4. Specified in 16.1. of this law, organizations are not required to provide explanations regarding the grounds for refusal to issue visas, visa permits or refusal to extend a visa to foreign citizens.

CHAPTER FIVE
ENTRY TO MONGOLIA AND TRANSIT

Article 21. Entry into Mongolia

21.1. Unless otherwise specified by international treaties of Mongolia, a foreign citizen who has a valid passport or equivalent ID and has received a visa may, in accordance with the law, enter Mongolia.

Article 22. Refusal of permission to enter Mongolia

22.1. If there are the following justifications, a foreign citizen is not allowed to enter Mongolia:

22.1.1. minors under 16 years of age or incompetent persons if they do not have a legal guardian or trustee;

22.1.2. having a criminal record while living in Mongolia and, if the expiration date for the criminal record has not expired;

22.1.3. if he was declared as an undesirable person;

22.1.4. if put on the international wanted list;

22.1.5. counteracts the provision of national and civil security, the protection of public order;

22.1.6. has no source of funds to live in Mongolia and leave Mongolia;

22.1.7. if, in accordance with the procedure specified in the law, he was expelled from the country and the ban on his entry into Mongolia has not expired.

Article 23. Transit through Mongolia

23.1. Unless otherwise specified by international treaties of Mongolia, a foreign citizen holding a valid passport or equivalent ID and an appropriate visa may transit through the territory of Mongolia.

23.2. A foreign citizen can fly international flights through Mongolia without a visa.

CHAPTER SIX
RESIDENCE OF A FOREIGN CITIZEN IN MONGOLIA

Article 24. Registration of a foreign citizen

24.1. Foreign citizens who have arrived in Mongolia for a period of more than 30 days, temporarily staying on private business, specified in 32.2. of this law are registered within 7 working days from the date of arrival with the state administration body in charge of issues of foreign citizens.

24.2. Citizens, business units and organizations of Mongolia that have invited a foreign citizen are required to register him.

24.3. In other cases other than those specified in 24.2. of this law, a foreign citizen registers himself.

24.4. Foreign citizens and members of their families who arrive to work at foreign diplomatic missions, consulates, representative offices of the UN and its specialized organizations, as well as representative offices of international media are registered within 7 days from the date of arrival with the Central State Administration Authority in charge of foreign relations .

Article 25. Registration of the marital status of foreign citizens

25.1. Registration of the marital status of foreign citizens in the capital is carried out by the state administration body in charge of issues of registration of citizens, and locally - by the service in charge of issues of registration of citizens, which monthly provide relevant information to the state administration body in charge of issues of foreign citizens.

Article 26. Registration of foreign citizens by address

26.1. A foreign citizen staying in Mongolia for private business or residing as specified in 32.2. of this law, within 14 days is registered in the Office of the Prefect or with the head of the Administration /khoroo/.

26.2. The foreign citizen specified in 26.1. of this law, when changing places of residence, he is deregistered from the place of initial registration with the prefect of the soum or the head of the Administration and is registered at the new place within 14 days in the office of the prefect or with the head of the Administration.

Article 27. Residence/stay/ in Mongolia on private matters

27.1. A residence permit in Mongolia for private matters is issued by the state administration body in charge of matters of foreign citizens, based on the application of a foreign citizen, the opinion and permission of the relevant body for a period of up to 5 years, with a subsequent extension for 3 years.

27.2. A residence permit in Mongolia is issued to a foreign citizen on the following grounds:

27.2.1. for family reasons;

27.2.2. upon immigration;

27.2.3. for employment;

27.2.4. as an investor;

27.2.5. for the purpose of study, advanced training, practice, for conducting scientific and research work.

27.3. In the following cases, a foreign citizen is denied a residence permit for private matters, an extension of the permit period, or the permit is revoked:

27.3.1. based on a proposal from intelligence agencies or the police;

27.3.2. in case of two or more violations specified in this law, the procedure for registration, residence;

27.3.2. in case of carrying out the activities specified in Article 8 of this law;

27.3.4. in case of corrections or falsification of any permits and documents issued by authorized organizations.

27.4. The number of foreign citizens residing on private business in Mongolia should not exceed 3% of the number of Mongolian citizens, and the number of foreign citizens of one country should not exceed 1%.

Article 28. Residence in Mongolia for family reasons

28.1. For those who have registered a marriage with a citizen of Mongolia, the wife, husband, parents, children of a foreign citizen who has received permission to reside in Mongolia for private reasons, if they have expressed a desire to reside in this country, the state administration body in charge of issues of foreign citizens issues a residence permit in Mongolia within the time limits specified in 27.1. of this law.

28.2. The period of permission to reside in Mongolia for foreign citizens specified in 27.2.3.-27.2.5. of this law determines the period of residence permit for members of their families.

28.3. A foreign citizen residing for family reasons upon reaching the age of 55 years and above, based on the principle of reciprocity with the country of his citizenship, the state administration body in charge of issues of foreign citizens may issue an indefinite residence permit in Mongolia.

28.4. In addition to what is specified in 27.3. of this law, in the following cases, the public administration body in charge of matters of foreign citizens may refuse to issue a residence permit for family matters, to extend this permit, or to invalidate it:

28.4.1. if for the purposes of obtaining the permission specified in 28.1. of this law, a fictitious marriage was concluded with a citizen of Mongolia;

28.4.2. if in accordance with provision 11.2. The Family Law stopped marriage.

Article 29. Immigration to Mongolia

29.1. The public administration body in charge of issues of foreign citizens considers the request of a foreign citizen who wishes to immigrate, taking into account the internal situation of the country, economic ability, education, specialty of the immigrating person, and issues a residence permit in Mongolia within the time limits specified in 27.1. of this law.

29.2. The public administration body in charge of matters for foreign citizens issues a residence permit in Mongolia to a foreign citizen 55 years of age or older based on the principle specified in 28.3. of this law.

29.3. If foreign citizens who immigrated to Mongolia did not reside in the territory of Mongolia for a period of more than 180 days, the state administration body in charge of issues of foreign citizens decides on the cancellation of the immigration permit.

29.4. When a stateless person who has received permission to immigrate to Mongolia, when traveling abroad, the state administration body in charge of issues of foreign citizens issues a certificate for traveling abroad.

29.5. The number of foreign citizens living in immigration in Mongolia should not exceed 0.5% of the population of Mongolian citizens, and citizens of one state should not exceed 0.17% of all Mongolian citizens.

29.6. Provided that the number of immigrants living in Mongolia is below 0.4% of the total number of citizens of Mongolia, upon the proposal of the Government, the State Great Khural once during its term of office establishes the number of foreign citizens who are allowed to immigrate and their distribution among administrative-territorial units, or determines this annually if the number of immigrants exceeds 0.4% of all Mongolian citizens.

Article 30. Residence in Mongolia for the purpose of working, investing, studies, advanced training, internships, scientific and research work

30.1. Foreign citizens who arrived in Mongolia for the purpose of work, investment, study, advanced training, internship, scientific and research work at the request of the Central bodies of state administration in charge of investment, employment, education or organizations are issued residence permits by the state authority administration in charge of issues of foreign citizens,

30.2. A foreign citizen before the expiration of the permit period specified in 30.1. of this law, receives from the relevant organizations a request-appeal to the state administration body in charge of issues of foreign citizens, and extends his period of stay.

Article 31. Time limits for consideration of the issue of a residence permit in Mongolia for private matters

31.1. The public administration body in charge of issues of foreign citizens makes a decision on granting a request to reside in Mongolia for private matters within 60 days, and a request to extend the permit - within 30 days.

Article 32. Residence in Mongolia on official business

32.1. Foreign citizens who arrived to work at foreign diplomatic and consular missions, at the permanent mission of the UN and its specialized organizations, at representative offices of foreign and international media and the press, residence permits in the country and their extension are issued by the central body of the state administration in charge of foreign relations .

32.2. For foreign citizens who arrived at the invitation of government bodies or to work in intergovernmental bodies, residence permits and their extensions are reviewed and issued based on the request of the inviting organization by the state administration body in charge of issues of foreign citizens.

Article 33. Issuance of certificates to foreign citizens

33.1. The public administration body in charge of matters for foreign citizens issues a residence permit in Mongolia to those arriving in the country on private business and who have received a residence permit in accordance with instructions 32.2. of this law.

33.2. In the certificate specified in 33.1. of this law, the following data is reflected:

first and last name;

year, month and day of birth;

residence certificate number;

children of the license holder under 16 years of age;

citizenship;

type of ID;

serial number of the certificate;

the authority that issued the certificate;

validity;

extension;

notes on violations;

address of permanent residence, change of address;

fingerprints.

33.3. Upon final departure from Mongolia, a foreign citizen submits his certificate to the state administration body in charge of issues of foreign citizens.

CHAPTER SEVEN
LEAVE FROM MONGOLIA

Article 34. Departure from Mongolia, suspension of departure

34.1. A foreign citizen leaves Mongolia within the permitted period of stay.

34.2. If there are the following grounds, the departure of a foreign citizen from Mongolia is suspended within the periods indicated below:

34.2.1. when brought as a suspect or accused - until the final completion of the case on the basis of a decision of the authorized organization;

34.2.2. if a court decision determines punishment, then until the end of the sentence, release from punishment, or until the transfer of this foreign citizen under an international treaty of Mongolia to the country of which he is a citizen;

34.2.3. if there are complaints and statements from citizens, business units, organizations that a given foreign citizen is causing damage to rights, freedom, legitimate interests, and the eligible organization considers this justified - then until this issue is resolved.

34.3. The decision to suspend the departure of a foreign citizen from Mongolia is made by the head of the state administration body in charge of issues of foreign citizens, based on proposals from relevant organizations.

34.4. The public administration body in charge of issues of foreign citizens, on the decision specified in 34.3. of this law, reports within 24 hours to the central body of state administration in charge of issues of external relations.

Article 35. Warning about leaving Mongolia

35.1. The public administration body in charge of matters of foreign citizens invites the foreign citizen to voluntarily leave the country if he has not received a residence permit on the basis specified in 27.3. of this law, or if his permit was declared invalid, or if the extension of the permit was refused.

35.2. A foreign citizen who has received a warning specified in 35.1. of this law, is obliged to leave Mongolia within 10 days.

Article 36. Detention of a foreign citizen

36.1. A foreign citizen can be detained on the following grounds:

36.1.1. if he did not leave within the time limits specified in 35.2. this law;

36.1.2. if there is opposition to expulsion or the commission of a crime or violation is possible;

36.1.3. if there is no passport or a document replacing it, and if the identity cannot be established.

36.2. A foreign citizen who has committed a violation specified in 36.1.3. of this law, may be detained for a period of no more than 6 hours by decision of the state inspector for the control of foreign citizens specified in 41.1. of this law.

36.3. By a court decision of a foreign citizen on the grounds specified in 36.1. of this law, can be delayed for 14 days, and if necessary, based on the proposal of the state administration body in charge of issues of foreign citizens, this period can be extended to 30 days.

36.4. The state administrative body in charge of issues of foreign citizens claims the costs of detaining a foreign citizen from itself or from citizens, business units, organizations that issued the guarantee specified in 10.1.2. of this law.

36.5. Foreign citizens who have committed violations specified in 36.1.1., 36.1.3. of this law, you may not be detained if you have a certain amount of bail.

36.6. The state administration body in charge of issues of foreign citizens shall, within 24 hours, notify the central body of state administration in charge of foreign relations regarding the detained foreign citizen.

36.7. There are premises for detained foreign citizens in the capital and at border points; the internal regulations of these premises are coordinated with the Prosecutor General of the country and approved by the member of the Government in charge of legal issues.

Article 37. Expulsion of a foreign citizen from Mongolia

37.1. If a foreign citizen is not subject to criminal liability, he may be expelled from Mongolia on the following grounds:

37.1.1. if it is confirmed that he arrived in Mongolia using invalid or forged documents;

37.1.2. if the residence permit has expired, but avoids leaving Mongolia;

37.1.3. if the temporary stayer has violated the visa and registration regime two or more times and has incurred liability specified in this law;

37.1.4. if he carried out prohibited activities specified in Article 13 of the Law on Control over the Traffic in Narcotic Drugs and Psychotropic Substances;

37.1.5. if the health care organization has established the grounds specified in 11.3 of the Law on AIDS or the presence of mental illness;

37.1.6. if you have obtained a residence permit and visa using false documents, or have made corrections to your visa and residence permit, or have produced false ones
documentation;

37.1.7. if, without the permission of an authorized organization, he was engaged in labor activities or conducted activities other than the purpose of arrival;

37.1.8. if you have not complied with the warning about voluntary departure from Mongolia, as specified in 35.1. this law;

37.1.9. if he has violated public order two or more times, and administrative measures have been applied to him, on the basis of a reasonable proposal from the police organization regarding this foreign citizen;

37.1.10. if relevant organizations believe that this person may conduct activities directed against the national security of Mongolia;

37.1.11. if the foreign citizen who was punished completed serving his sentence or was released from punishment, or if this foreign citizen, in accordance with international treaties of Mongolia, was transferred to the state of his citizenship;

37.1.12. if the temporary stayer’s visa has expired.

37.2. The decision to expel a foreign citizen from Mongolia is made by the state administration body in charge of issues of foreign citizens, based on the conclusion of the state inspector for the control of foreign citizens.

37.3. The state administration body in charge of issues of foreign citizens receives from the expelled citizen his photo and fingerprints and transfers this to its information fund.

37.4. The deportation decision referred to in 37.2. of this law, the state administration body in charge of issues of foreign citizens carries out jointly with border and police organizations.

37.5. The state administration body in charge of issues of foreign citizens puts a note in the passport of the expelled foreign citizen about the period of the ban on his entry into Mongolia.

37.6. The costs of expelling a foreign citizen from Mongolia are received from him personally or from those who invited him. If they are insolvent, then the costs are allocated by the state administration body in charge of issues of foreign citizens.

37.7. The expulsion of foreign citizens from Mongolia does not relate to the issue of transferring prisoners between countries.

37.8. The state administration body in charge of issues of foreign citizens notifies the central body of state administration in charge of foreign relations about each case of expulsion of foreign citizens.

Article 38. Country receiving a foreign citizen

38.1. The expelled foreign citizen is transferred to the country of his citizenship.

38.2. If it is impossible to transfer the expelled foreign citizen to the country of his citizenship, then he is transferred:

38.2.1. to the country where he previously resided or was born;

38.2.2. to the country through which he came to Mongolia;

38.2.3. to the country where he received his visa.

CHAPTER EIGHT
PUBLIC ADMINISTRATION BODY IN CONTROL OF FOREIGN CITIZENS' ISSUES, LEGAL STATUS OF ITS EMPLOYEES AND GUARANTEES

Article 39. Structure of the public administration body

39.1. Public administration body in charge of foreign affairs

citizens, consists of a governing central body, and services located at border checkpoints and in the field.

39.2. The government approves the list of border checkpoints where the service of the state administration body in charge of issues of foreign citizens operates.

39.3. At border posts, except as specified in 39.2. of this law, the duties of the state administration body in charge of issues of foreign citizens, in addition to issuing visas, are performed by the border organization of this post.

Article 40. Powers of the state administration organization in charge of issues foreign citizens

40.1. The public administration body in charge of issues of foreign citizens exercises the following powers:

40.1.1. organizes work to implement state policy towards foreign citizens;

40.1.2. exercises control over the implementation of legislation in relation to foreign citizens;

40.1.3. provides professional and methodological assistance to diplomatic missions of Mongolia abroad on issues of foreign citizens;

40.1.4. forms and maintains a joint information fund about foreign citizens;

40.1.5. issues permits for international and foreign non-governmental organizations and their representative offices to operate in Mongolia, extends or cancels these permits, and exercises control over these activities;

40.1.6. other powers specified in the legislation.

40.2. The public administration body in charge of matters of foreign citizens is not obliged to give explanations in case of a negative answer specified in 27.3. of this law.

Article 41. State inspector for control of foreign citizens, his powers and guarantees

41.1. The State Inspector for the Control of Foreign Citizens is a citizen of Mongolia who has the right to monitor and verify the implementation of the Legislation on the legal status of foreign citizens and other relevant legislation.

41.2. The head of the state administration body in charge of issues of foreign citizens is the general state inspector for control of foreign citizens.

41.3. Issues of granting rights, denying rights or canceling them to senior state inspectors and state inspectors for the control of foreign citizens (hereinafter referred to as the “inspector”) are resolved by the general state inspector for the control of foreign citizens.

41.4. The state inspector takes the oath with the words: “I, the state inspector for the control of foreign citizens, faithfully serve to ensure the sovereignty and national security of Mongolia when monitoring foreign citizens and their documents, I highly value human rights, the principles of legality and justice, and firmly adhere to ethical standards state inspector and swear not to succumb to anyone's influence. If I break my oath, let the punishment of state law overtake me."

41.5. The state inspector has a uniform, insignia, samples of which and the procedure for wearing them are approved by the member of the Government in charge of legal issues.

41.6. Citizens, business units, and organizations are prohibited from wearing clothing and insignia similar to the uniform of a state inspector.

41.7. The state inspector, in addition to what is specified in the law on state control and the law on administrative responsibility, exercises the following rights:

41.7.1. checks passports and documents replacing them from foreign citizens and, if there are appropriate grounds, stores /passport/ until the issue of violation is resolved;

41.7.2. makes a proposal to cancel the decision to expel a foreign citizen or prohibit his departure from Mongolia;

41.7.3. other powers specified in the legislation.

41.8. When serving as a government inspector at a border post, one year is counted as a year and three months, and in the case of serving at a border post and province for at least five years, the employee is given cash incentives of 30 base rates every five years.

CHAPTER NINE
RESPONSIBILITY OF VIOLators OF LAW

Article 42. Liability of violators of the law

42.1. If persons who have violated the legislation on the legal status of foreign citizens are not brought to criminal liability, the following administrative measures are imposed on them:

42.1.1. if a foreign citizen with a transit visa remains in the country without a valid reason, he is subject to a fine in the amount of one to three minimum wages in tugriks;

42.1.2. if a foreign citizen has not received permission from the authorized body to reside in Mongolia or has overstayed this permission for up to three months, he is subject to a fine in the amount of one to three minimum wages in tugriks;

42.1.3. if a foreign citizen was illegally staying on the territory of Mongolia for more than three months, then - from three to five minimum wages in tugriks;

42.1.4. if a foreign citizen has expired the residence permit or the inviter has sheltered a foreign citizen without such permission, provided housing and work, then the inviter and other persons are subject to a fine specified in 42.1.2., 42.1.3. of this law with regard to each foreign citizen;

42.1.5. if a foreign citizen has violated the registration regime specified in Articles 24, 25 of this law, then a fine of one to two minimum wages in tugriks will be imposed on him;

42.1.6. if the inviter has not registered a foreign citizen in the relevant organizations in accordance with the legislation, then the inviter is subject to a fine of five to ten minimum wages in tugriks;

42.1. 7. if a foreign citizen, without the permission of an authorized organization, was engaged in labor activity or exceeded the period of permission for a period of up to three months, then a fine in the amount of one to three minimum wages in tugriks is imposed on him;

42.1.8. if a foreign citizen, without the permission of an authorized organization, was engaged in labor activity or exceeded the period of permission for more than three months, then a fine in the amount of three to five minimum wages in tugriks is imposed on him;

42.1.9. if a temporarily staying foreign citizen overstays his visa for up to three months, he is subject to a fine of one to three times the minimum wage in tugriks;

42.1.10. if a temporarily staying foreign citizen overstays his visa for more than three months, he is subject to a fine of three to five minimum wages in tugriks;

42.1.11. inviting persons who violated obligations regarding visa terms and procedures are fined in accordance with the instructions of 42.1.9., 42.1.10 of this law per each foreign citizen;

42.1.12. a foreign citizen who violates the procedure for owning, storing, using a residence permit in Mongolia is fined from one to two minimum wages in tugriks;

42.1.13. a foreign citizen who did not have a passport, a document replacing a passport, and a residence permit in Mongolia is fined in the amount of one third of the minimum wage in tugriks;

42.1.14. a foreign citizen who violates the established registration procedure at the address of residence is fined in the amount of one third of the minimum wage in tugriks;

42.1.15. a foreign citizen inviting and other persons who forged visas, permits of authorized organizations and other documents, filled out and made corrections in them, are fined in the amount of three to six minimum wages in tugriks;

42.1.16. a foreign citizen and other persons who interfered with the deportation activities, resisted, insulted authorized civil servants and violated their honor and dignity are fined in the amount of three to five minimum wages in tugriks;

42.1.17. a foreign citizen who carried out the activities specified in 8.1.1. -8.1.5. of this law is subject to a fine of three to six minimum wages in tugriks.

42.2. Administrative penalties specified in 42.1. of this law, is imposed by the state inspector, and in case of complaints, the final decision is made by the court.

CHAPTER TEN
OTHER

Article 43. Determination of terms and procedure for settlements

43.1. The duration of residence permits and visas is determined by year, month, day.

43.2. Terms of visas and residence permits are calculated from the beginning of the next day.

43.3. If the last day of calculation specified in 43.2. of this law, falls on a non-working day, then the calculation of the period is carried out on the next working day.

43.4. In case of extension of the visa and residence permit, the new period is determined by the expiration date.

Funeral services

LAW OF MONGOLIA OTRUD May 14, 1999 Ulaanbaatar CHAPTER ONE GENERAL PROVISIONS Article 1. Purpose of the law 1.1. The purpose of this law is to regulate relations related to the establishment of the basic rights and obligations of the employee, employer, participating in labor relations arising on the basis of an employment contract and the definition of a collective agreement, agreement, individual and collective labor dispute, working conditions, management, control and responsibility violators of the law and ensuring mutual equality of the parties. Article 2. Labor legislation 2.1. The labor legislation of Mongolia consists of the Constitution, this law and other legislative acts adopted in accordance with them. 2.2. If an international treaty of Mongolia states otherwise than in this law, then the norms of the international treaty apply. Article 3. Basic terms used in this law 3.1. The following terms used in this law mean the following: 3.1.1. “employer” is a person who hires an employee on the basis of an employment contract; 3.1.2. “employee” is a citizen who works for an employer and has concluded an employment contract with him; 3.1.3. “employment contract” is an agreement of mutual obligation between an employee and an employer, according to which the employee undertakes to perform certain work in accordance with the internal labor regulations established by the employer in accordance with the law on the one hand, and the payment to the employee by the employer of wages corresponding to the result of labor, providing conditions labor specified in legislation, collective agreement, agreement, on the other hand. 3.1.4. “collective agreement” is an agreement between the employer and employee representatives to provide more privileged conditions than the guarantees provided by law, the right to work and related legitimate interests of all employees of a given economic unit, organization and on other issues not directly regulated by this law; 3.1.5. “collective agreement” is an agreement concluded between the employer, employee representatives and a state administrative body in order to ensure joint protection of labor rights and related legitimate interests of a citizen throughout the country, a certain region, administrative-territorial unit, industry, specialty; 3.1.6. “employer representatives” is an organization authorized by the employer, management of an economic unit, organization or body which, in accordance with the charter, undertakes to representatively protect the rights and legitimate interests of the employer; 3. 1.7. “employee representatives” is a trade union, and in the absence of such a body, representatives elected by a general meeting of workers who undertake to representatively protect the rights and legitimate interests of the employee; 3.1.8. “individual labor dispute” is a disagreement that has arisen between the parties to an individual employment contract within the framework of labor rights and related legitimate interests; 3.1.9. “collective labor dispute” is a disagreement that arose between the parties to a given contract, agreement during the conclusion, implementation, control over the implementation of a collective contract, agreement; 1 3.1.10. “abnormal working conditions” are workplace conditions that do not comply with labor standards, occupational safety and hygiene requirements, deviations of which cannot be eliminated; 3.1.11. “industrial accident” is the exposure of an employee during the performance of work duties to the influence of production and other factors equivalent to them; 3.1.12. “occupational disease” is a disease that arose under the influence of negative production factors in the labor process; 3.1.13. “strike” is a complete or partial suspension by an employee at a certain time on a voluntary basis of his work duties in order to resolve a collective labor dispute. 3.1.14. “forced labor” is work and obligations required to be performed by a worker regardless of the occurrence of dangerous conditions for the life and health of the worker or for the purpose of discrimination based on nationality, ethnic origin, skin color, social origin, position in society, religion, punishment for expressing one’s convictions on the political, economic, social system and for participation in the strike, for maintaining labor discipline. 3.1.15. "permanent workplace" - these are obligations and work performed according to the order of the shift and working day according to the established regime using labor tools issued by the employer at the workplace indicated by him, with the receipt of wages according to the norms, assessment, scheme approved by the employer or his representative. Article 4. Relations regulated by the Labor Law 4.1. This law regulates labor contractual and other labor relations resulting from it between the following parties: 4.1.1. between a citizen of Mongolia and a domestic, foreign economic unit, organization operating in Mongolia; 4.1.2. between a citizen of Mongolia and a citizen of Mongolia, a foreign citizen, a stateless person; 4. 1.3. between an internal Mongolian economic unit, organization and a foreign citizen, stateless person; 4.1.4. unless otherwise specified in an international treaty of Mongolia between a foreign economic entity, organization, citizen, stateless person operating in the territory of Mongolia. 4.2. If the workers, when adding work and property, did not establish labor relations or agreed to comply with this law, then the norms of this law are applied. Article 5. Rights and obligations of the employer 5.1. The employer has the right to approve internal labor regulations in accordance with the law, organize its compliance, demand that the employee fulfill the duties assigned to him by the employment contract and hold him accountable under this law. 5.2. The employer is obliged to provide the employee with work and favorable working conditions, pay wages corresponding to the results of work, fulfill the duties specified in this law and the collective labor agreement, agreement, and internal labor regulations. Article 6. Rights and obligations of the employee 6.1. An employee has the right to be provided with working conditions that meet safety and hygiene requirements, receive wages, pensions, benefits in accordance with the law, rest, in order to protect his rights and legitimate interests, unite himself or through representative bodies on a voluntary basis and have other rights , benefits specified in the labor and collective agreement, agreement. 6.2. The employee is obliged to work conscientiously, observe the secrets associated with the performance of work, duties that are classified as secrets by law, observe and strictly implement the labor and collective agreement, agreement, internal labor regulations, safety and hygiene rules. Article 7. Prohibition of establishing discrimination, restrictions and advantages in labor relations 7.1. Forcing anyone to work in violation of the law is unacceptable. 7.2. In labor relations, it is prohibited to establish discrimination, restrictions, advantages based on nationality, ethnic origin, skin color, gender, social origin, position in society, property status, religion, beliefs. 7.3. If the employer, when hiring a citizen or in the process of labor relations, due to the special requirements of this work, obligations, limited the rights and freedom of the employee, then he is obliged to prove the justification for this. 7.4. Except in cases of special requirements of this job, when hiring a citizen, he cannot be asked questions about his personal life, pregnancy, marital status, beliefs, party affiliation and religion. 7.5. If the employee is in conflict with what is specified in Article 7.4. of this law, a question was asked, he is not obliged to answer it. CHAPTER TWO COLLECTIVE AGREEMENT, AGREEMENT Article 8. Basic principles of concluding a collective agreement, agreement 8.1. When concluding a collective agreement, the following principles are observed: 8.1.1. publicity; 8.1.2. compliance with legislation; 8.1.3. an equal number of representatives of the parties; 8.1.4. equality of the parties; 8.1.5. free choice and discussion of issues related to the collective agreement, agreement; 8.1.6. voluntary acceptance of obligation; 8.1.6. a detailed definition of responsibility. Article 9. Providing information 9.1. The relevant government body, the employer, is obliged to provide the necessary information to employee representatives during the design and conclusion of collective bargaining agreements. 9.2. The parties are obliged to mutually exchange with each other information at their disposal that is related to the exercise of control over the implementation of the collective agreement or agreement. Article 10. Prohibition of outside interference 10.1. When concluding and implementing a collective agreement, any interference on the part of state and non-state, religious bodies, political parties, citizens, officials that can limit the legal rights of the parties or prevent their implementation is prohibited. Article 11. Initiative for concluding a collective agreement, agreement 11.1. Each party has the right to initiate the conclusion of a collective agreement, agreement and make additions and changes to it. 11.2. The party that took the initiative to conclude a collective agreement, agreement, negotiation must notify the other party about this in writing. 11.3. Representatives of employers specified in article 3.1.6. of this law have the right to negotiate on behalf of employers. 11.4. Employee representatives specified in article 3.1.7. of this law, have the right to negotiate, conclude a collective agreement, agreements on behalf of employees. 11.5. If there are several trade unions throughout the country, a certain region, administrative-territorial unit, industry, profession and also in one specific economic unit, organization, then they participate in negotiations and in concluding a collective agreement, agreement by appointing common representatives based on the number of its members. Article 12. Negotiations 12.1. The parties enter into a collective agreement, an agreement through negotiations. 12.2. The party that initiated the negotiations presents to the other party a draft composition of the participants in the negotiations, a collective agreement, an agreement, amendments to them, and attaches its application for negotiations. 12.3. The party that accepted the application must give a written response within five working days. 12.4. The party that accepted the application is obliged to begin negotiations within the period indicated below: within 10 working days from the date of receipt of the application for concluding a collective agreement and making additions and changes to it; within 15 working days from the date of receipt of the application for concluding a collective agreement. If the party that accepted the application did not give a response or did not begin negotiations within the period specified in Article 12.3, 12.4. of this law, or had disagreements and did not reach agreement, then this is regulated by the procedure for resolving collective disputes specified in chapter thirteen of this law. Negotiators are obliged to maintain the secrecy of official and trade information that becomes known to them during the negotiations. 12.7. Costs associated with negotiations, payments for consultants who participated in negotiations with the prior consent of the parties and other costs are spent according to the schedule specified in the collective agreement or agreement. 12.8. It is prohibited, without the prior consent of the relevant higher body, to dismiss an employee-member of a trade union who is not released from his main job, an elected member participating in negotiations, on the initiative of the employer during the negotiations and within a year from the end of the negotiations, or to bring him to disciplinary liability in connection with his election work, and transfer to another job for participating in negotiations. 12.9. Negotiations end with the signing of a collective agreement by all representatives of the parties. Article 13. Scope of the collective agreement, agreement 13.1. A collective agreement, an agreement, applies to all employees and employers who are parties to this agreement, an agreement that representatively protects their rights and legitimate interests. Article 14. Conclusion of a collective agreement, agreement 14.1. When concluding a collective agreement or agreement, the procedure specified in Article 12 of this law is observed. A collective agreement is concluded before the approval of the business plan of an economic unit or organization. 14.2. In an economic unit, organization, including its internal units and departments, one collective agreement is concluded. 14.3. Despite the number of persons who took the initiative to conclude an agreement, one agreement is concluded at this level. 14.4. During the period of concluding a collective agreement, the employer is obliged to provide information at his disposal, technical means of office work, premises for meetings, conferences outside working hours, and provide assistance in conducting propaganda. 14.5. The collective agreement is concluded for a period of 1 year or more, and the agreement is for 2 years. Article 15. Registration of a collective agreement, agreement 15.1. The employer must submit a collective agreement for registration to the Office of the somonial, district Prefect /Zasag darg/, at the location from the date of its signing within 10 4 days. 15.2. Agreements concluded at the sectoral /intersectoral/, regional, aimak, capital and tariff professional levels are submitted for registration from the date of its signing within 10 days to the state administrative central body in charge of labor issues. 15.3. Agreements concluded at the soum and district level are submitted for registration to the Office of the aimak, capital Prefect /Zasag Darg/ from the date of its signing by the somon, district Prefect /Zasag Darg/ within 15 days. 15.4. The authorized registration body specified in this article, from the date of adoption of the collective agreement, agreement must review it within 10 working days and, if it complies with the law, register it, and if it does not comply, refuse registration. 15.5. Provisions of a collective agreement, agreements that are unregistered or do not comply with the law, or if they worsen the legal status of the employee than provided for by law, are considered invalid and are not subject to implementation. Article 16. Compliance with the collective agreement, agreement 16.1. A collective agreement or agreement is considered valid from the date of its registration in accordance with Article 15 of this law. 16.2. A change in the composition, structure of management, a change in the jurisdiction of an economic unit or organization is not grounds for termination of a collective agreement. 16.3. Issues of compliance with the previous collective agreement, making additions, changes to it, or concluding an updated agreement, in the event of a reorganization of an economic unit, organization, or change of owner, are resolved through negotiations between the employer and employee representatives. 16.4. If an economic unit or organization is liquidated in accordance with the conditions and procedure specified in the law, then the collective agreement is observed during its liquidation. 16.5. The issue of making additions or changes to a collective agreement or agreement is resolved by the agreement of the parties involved in accordance with the conditions and procedure specified in it, and if this is not specified in it, then in accordance with the procedure in which it was first concluded. Article 17. Control of the parties over the implementation of the collective agreement, agreement 17.1. Control over the implementation of the collective agreement is exercised by the parties and their representatives. 17.2. Control over the implementation of the agreement concluded at all levels is carried out by the parties, their representatives, and also by the state administrative central body in charge of labor issues, aimak, capital, soum, district Prefect /Zasag darga/. 17.3. The parties are obliged, during the implementation of control, to exchange with each other all information at their disposal related to the collective agreement. 17.4. The parties jointly and individually review and notify all employees about the implementation and progress of the collective agreement, agreement every six months or within the period specified in the collective agreement, agreement. Article 18 Relations regulated by a collective agreement 18.1. The collective agreement regulates, not provided for by this law, the following relations: 18.1.1. establishing the amount of the basic salary, increase, form, payment period, allowances, surcharges, remuneration, additional pensions, allowances, assistance, benefits, amount of compensation, establishing and changing labor standards, standards, establishing the amount of compensation for costs of food, transport, employee and others, 18.1.2. ensuring job security and advanced training, mastering a new profession; 18.1.3. establishing a work and rest time schedule; 18.1.4. improving the safety and health conditions of workers, in particular pregnant women, minors, disabled people and dwarfs. 18.1.5. protection of the rights and legitimate interests of workers in the event of privitization, reorganization of an economic unit, organization and their representative offices; 18.1.6. increasing wages* due to rising prices and inflation; 18.1.7. establishing the amount of funds for the employee’s social security; 18.1.8. ensuring standards and requirements for safety and hygiene, working conditions, environmental safety; 18. 1.9. provision of benefits by the employer to employees combining study and work; 18.1.10. construction and use of residential buildings, kindergartens, nurseries, social and cultural buildings, structures by an economic unit, organization, provision of benefits to disabled workers, large families, single mothers/fathers/, improvement of the living conditions of workers who suffered from occupational diseases, acute poisoning, industrial accidents, pensioners , disabled people who previously worked in a given economic unit or organization; 18.1.11. providing the opportunity and conditions for conducting the activities of the trade union, its members and elected representatives; 18.2. A collective agreement may establish more privileged conditions for employee guarantees than those specified in this law. 18.3. The collective agreement specifies issues of control, summing up, notification, and development of two- and three-party relations. Article 19. Relations regulated by collective agreement 19.1. The collective agreement regulates the following relations: 19.1.1. state agreement - general issues of labor relations that have arisen in connection with the protection of social protection of the population and labor rights, legitimate interests of a citizen throughout the country; 19.1.2. industry/inter-industry/ agreement - issues of labor standards, standards, labor organization, working conditions, employee wages, a certain profession, work; 19.1.3. regional agreement - general issues of establishing the minimum subsistence level of the population and wages, compensation and ensuring the protection of labor rights, legitimate interests of a citizen, respected in a given region; 19.1.4. aimak, capital, soum, district agreement - issues of labor relations, employment of the population, observed in a given administrative-territorial unit; 19.1.5. tariff-professional agreement - issues of labor relations of a certain specialty, work. Article 20. Parties participating in the collective agreement 20.1. Participants in the collective agreement may include representatives of workers and employers specified in Article 3.1.6, 3.17. of this law, representatives of the state administrative body. 20.2. A collective agreement, depending on the parties involved, can be bilateral or trilateral. 20.3. The collective agreement, depending on the sides of the participants and the issues discussed, has the following types: state, sectoral / intersectoral / on a state scale; regional, aimak, capital, soum, district on the scale of an administrative-territorial unit; tariff professional at the level of the profession. 20.4. Depending on the type of collective agreement, the following parties participate in it: 20.4.1. in a state agreement, the Government, the national body for the representative protection of the rights and legitimate interests of the employee and the employer; 20.4.2. in an industry/intersectoral/ agreement, a state administrative central body in charge of issues in a given industry, an industry body for the representative protection of the rights, legitimate interests of the employee and the employer; 20.4.3. in a regional agreement, the aimak, capital Prefect /Zasag Darg/ of a given region, the regional body for representative protection of the rights, legitimate interests of the employee and the employer; 6 20.4.4. in the aimak, capital, soum, district agreement Perfect /Zasag darga/ of a given administrative territorial unit, this territorial body for the representative protection of the rights, legitimate interests of the employee and the employer; 20.4.5. in the tariff-professional agreement, the relevant state administrative body, the body for representative protection of the rights, legitimate interests of the employee and the employer of the given profession. CHAPTER THREE EMPLOYMENT CONTRACT Article 21. Employment contract 21.1. The following basic conditions are agreed upon in the employment contract: 21.1.1. name of the workplace and position; 21.1.2. work and obligations specified in the description of the workplace, 21.1.3. Basic salary and official salary; 21.1.4. working conditions. 21.2. Neither party has the right to change the provisions of the employment contract without the consent of the other party. 21.3. If the parties, during the period of concluding the employment contract, did not come to an agreement on one of the conditions specified in Article 21.1. of this law, then the employment contract is considered not concluded. 21.4. The employment contract must comply with the law, collective agreement, and agreement. 21.5. The terms of the employment contract that worsen the conditions specified in the legislation, collective agreement, or agreement are considered invalid. 21.6. The parties may agree on other conditions in the contract, along with the basic conditions specified in Article 21.1. of this law. 21.7. The employment contract is considered valid from the date of its signing. Article 22. Contract 22.1. The owner or a person authorized by him, exercising his right of ownership, enters into a contract with the citizen for the purpose of using the labor activity of others and also using the employer's hiring of a special and rare gift and ability at a high level of the citizen. 22.2. List of works and positions for concluding the contract specified in Article 22.1. of this law, is approved by the member of the Government in charge of labor issues. Article 23. Duration of the employment contract 23.1. An employment contract is concluded for a term or for an indefinite period. 23.2. The employment contract is concluded for the period indicated below: 23.2.1. at a permanent workplace, an open-ended employment contract, 23.2.2. if the parties mutually agreed, the employment contract specified in Article 23.2.1. with a certain period, 23.2.3. with an employee replacing an absent employee, whose work and position are preserved on the basis of law or other decisions until the absent employee returns to work, for seasonal and temporary work for the duration of this work, with a new employee and trainee for the period of testing and training established employer's internal labor regulations. The period of testing and training should not exceed 6 months. 23.3. If, at the end of a fixed-term employment contract, the parties did not express a desire to terminate it and if the employee continues to perform his work, then this contract is considered extended for the period specified initially. Article 24. Conclusion of an employment contract 24.1. The employer or his authorized official enters into a written employment contract with a citizen and is obligated to hand over one copy of this contract to the employee. At a permanent workplace, it is prohibited to conclude other types of contracts other than employment contracts. 24.2. If an employer hires several workers for one workplace, he concludes a separate employment contract with each of them. 24.3. If the employment contract is not concluded in writing, then the requirement for the employee to fulfill his work and obligations is prohibited. Article 25. Conclusion of a contract and its contents 25.1. The contract is concluded in writing. 25.2. The contract is concluded for a period of up to five years. 25.3. When concluding a contract, the parties establish the term, the final result of the employee’s work, his responsibilities to the employer, the procedure for evaluating the contract, the amount of property transferred to the employee, the procedure for owning, using, disposing of this property, incentives, supplies, benefits and interest on profits, performance results issued to the employee , as well as his responsibility. 25.4. If, when summing up the contract, the employee has fulfilled his obligations under the contract properly, then it can be extended in the future. Article 26. Performing several works and obligations simultaneously 26. 1. During the main time of work, an employee can combine other jobs and positions in his own or in another organization under an employment contract, as well as perform other work simultaneously in his organization. The employer may, based on an agreement with the employee, involve him in temporarily performing the duties of an absent employee along with his main job and increase his workload. 26.2. An employee, except for the cases specified in Article 28 of this law, may enter into a parallel employment contract and work with several employers at the same time. Article 27. Prohibition of joint work in the workplace, position 27.1. It is prohibited for members of the same family or persons with related relationships to work together in jobs, positions managing property and money in legal entities of state ownership and with state ownership of 151 percent or more of the share. Article 28. Prohibition of simultaneous work with several employers 28.1. An employee occupying a job and position that exercises the right to dispose of the property of a legal entity is prohibited from concluding a parallel employment contract or contract with the owner of property of a different type and form for occupying the same job and position or a job and position exercising control and management. 28.2. The provisions specified in Article 28.1. This law also applies to combining work. 28.3. The employee is obliged, in accordance with this law, to compensate the employer for damages arising as a result of violation of this article. Article 29. Recognition of the invalidity of an employment contract concluded with an incapacitated person 29.1. An employment contract concluded with a partially or completely incapacitated person is considered invalid from the day the employees fail to fulfill their work responsibilities. Article 30. Invalidity of certain provisions of the employment contract 30.1. The invalidity of certain provisions of an employment contract does not constitute grounds for declaring it completely invalid. Article 31. Prohibition on performing work not specified in the employment contract 31.1. The employer is prohibited, except in cases provided for by this law, from requiring the employee to perform work not specified in the employment contract. 8 Article 32. Temporary transfer to another job due to production needs 32.1. In the event of a production need such as the prevention of natural disasters and industrial accidents, the elimination of their consequences or real unforeseen circumstances that cannot be foreseen in advance and resulted in a disruption of the normal activities of the organization, the employer may transfer the employee to another job not specified in the employment contract for a period of 45 days. Article 33. Temporary transfer to another job during downtime 33.1. During downtime, the employee can be transferred within the organization, to another job not specified in the employment contract, or temporarily transferred to another organization based on an agreement with him. Article 34. Transfer of an employee to another job that does not affect his health 34.1. Based on the decision of the medical labor examination commission, the employee may be transferred to another job that does not affect his health, with his consent. Article 35. Retention of work and position during the period of non-fulfillment of work, obligations 35.1. In the following cases, jobs and positions are retained during the period of non-fulfillment of work, responsibilities: 35.1.1. temporary performance of elective duties in government bodies for a period of up to three months; 35.1.2. while on regular leave; 35.1.3. undergoing a medical examination or fulfilling the donor's duty, exemption from work with a doctor's certificate and with the permission of the administration; 35.1.4. while on maternity leave, postpartum leave and child care; 35.1.5. during participation in negotiations, conclusion of collective agreements, agreements and strikes organized in accordance with the law; 35.1.6. before the decision of the military draft commission on conscription for active military service, an employee who has received a military summons; 35.1.7. other cases provided for by law, collective and labor agreements. Article 36. Acceptance to previous job and position 36.1. In the following cases, the employer is obliged to hire the employee to his previous job and position: 36.1.1. if an employee who was dismissed from work due to disability, due to an industrial accident, acute poisoning or occupational disease, returned to work within one month after recovery; 36.1.2. if a court decision on the reinstatement of an employee who was previously illegally dismissed to his previous job and position has entered into force; 36.1.3. other cases provided for by law. 36.2. If the employee’s previous job and position is reduced, then the employer, based on the employee’s consent, is obliged to provide him with another unambiguous job and position. 36.3. The employee will be reinstated to his previous job and position if it is determined that the staff reduction was unjustified, although it was considered that the staff was reduced in accordance with Article 40.1.1. of this law, and after three months, this workplace was created again. Article 37. Grounds for termination of an employment contract 37. 1. The employment contract is terminated on the following grounds: 37.1.1. by mutual agreement of the parties; 37.1.2. in the event of the death of the citizen's employer or employee; 37.1.3. upon expiration of the employment contract without further extension; 37.1.4. at the request of the body authorized by law; 9 37.1.5. reinstatement of an illegally dismissed employee to his previous job and position; 37.1.6. when an employee is called up for active military service; 37.1.7. upon entry into force of a court verdict imposing punishment on an employee who has committed a crime, as a result of which he cannot continue to perform his duties; 37.1.8. upon termination of the contract at the initiative of the employee and the employer. Article 38. Grounds for termination of an employment contract 38.1. The employment contract is terminated on the following grounds: 38.1.1. at the initiative of the employee; 38.1.2. at the initiative of the employer. Article 39. Termination of the contract at the initiative of the employee 39.1. The employment contract is considered terminated and the employee has the right to leave the workplace if 30 days have passed from the date the employee submitted a letter of resignation to the employer and unless otherwise provided by law and the employment contract. 39.2. The employment contract can be terminated earlier than the period specified in Article 39.1. of this law, if there are good reasons, or there is an agreement with the employer. Article 40. Termination of the contract at the initiative of the employer 40.1. The employment contract is terminated at the initiative of the employer on the following grounds: 40.1.1. liquidation of a business entity, organization, its representative offices, branches and units, staff reduction, or reduction in the number of employees; 40.1.2. establishing the unsuitability of the employee’s specialty, ability, and health to perform this work and position; 40.1.3. the employee’s right to an old-age pension upon reaching 60 years of age; 40.1.4. repeated violation of labor discipline by an employee, or the commission of a malicious violation specified in the employment contract as a direct suspension of labor relations; 40.1.5. establishment of culpable acts and inactions, contrary to the trust of the employer, by the employee responsible for funds and property; 4O.1.6. election, appointment of an employee to another job and position; 40.1.7. occurrence of the grounds specified in the contract. 40.2. If an illegally dismissed employee is reinstated by a court decision to his previous job, the employment contract of the new employee occupying his job and position is terminated and he is offered, as far as possible, another job. 40.3. The employment contract of an employee who retained his job and position during the non-fulfillment of work or duties cannot be terminated at the initiative of the employer, except in the event of liquidation of an economic unit or organization. 40.4. A change in the owner and departmental structure of an economic unit or organization is not grounds for termination of an employment contract. 40.5. In the event of termination of the contract by the employer on the grounds specified in Articles 40.1.1., 40.1.2. of this law, he must notify the employee about this one month in advance. And in the event of liquidation of an economic unit, organization and its representative office, branches, unit and mass dismissal of workers, this must be reported to the representatives of workers 45 days before and negotiations specified in this law must be carried out. Article 41. Grounds and procedure for termination of contracts 41.1. The contract may be terminated at the initiative of the employer, on the following grounds, in addition to those specified by this law: 41.1.1. if, during the summing up of the contract, the owner came to the conclusion that the employee, without good reason, did not perform or did not perform the work agreed upon in the contract properly; 41.1.2. if the employee, in contradiction with what is specified in Article 28 of this law, has concluded a parallel employment agreement or contract with another employer; 41.1.3. if the employer’s property rights have been alienated to another; 10 41.1.4. if it is established that the employee spent to no avail, squandered the property transferred to him under the contract, or exceeded the authority given by the owner. 41.2. In case of termination of the contract on the grounds specified in Article 41.1.3. the employer is obliged to notify the employee about this two months or more in advance, and issue benefits equal to average earnings for three months or more. Article 42. Benefits for dismissal from work 42.1. An employee dismissed from work on the basis of Articles 37.1.6., 40.1.1., 40.1.2., 40.1.3. of this law, the employer pays for one month or more a benefit in an amount equal to the average salary. 42.2. In case of mass layoffs, the employer sets the amount of benefits in agreement with employee representatives. Article 43. Dismissal from work, handing over of work 43.1. When terminating an employment contract concluded with an employee, the employer sets a deadline for completing the work and this deadline is indicated in the decision on dismissal. 43.2. The last day of handing in the employee’s work is considered the day of dismissal from work. 43.3. On the day of dismissal, the employer is obliged to issue the employee a decision to terminate the employment contract, a social insurance book and a health book for the employee, in the case provided by law, and a dismissal benefit. 43.4. The employer is obliged to issue the employee, at his request, with a certificate of work, specialty, qualifications, position and salary. Article 44. Temporary suspension from work and position 44.1. If required by the competent authority specified in the legislation, the employee is temporarily suspended from work or position and the payment of wages is suspended. Article 45 On-the-job training 45.1. For professional training and advanced training of employees, the employer organizes and provides conditions for vocational training on the job. 45.2. Theoretical classes and on-the-job training when organizing vocational training at work can be carried out during working hours. Article 46. Social insurance 46.1. The employer and employee are subject to compulsory social and medical insurance, unless otherwise provided by law, and pay social insurance contributions monthly in the amount prescribed by law. 46.2. The employer is obliged, from the date of conclusion of the employment contract, to open a social and health insurance book for the employee, and to keep a monthly record of the payment of insurance contributions in accordance with the established procedure. 46.3. Contributions to social and health insurance of the main employee of an economic unit, an organization engaged in work, production and seasonal services, are paid by the employer, taking into account the minimum wage for his unworked time. 46.4. Accounting for contributions to social and health insurance of an employee who worked under an employment contract in a foreign economic unit or organization is carried out in accordance with the law. CHAPTER FOUR WAGES. COMPENSATION Article 47. Wages 47.1. Salary consists of basic salary, additional pay, allowances, bonuses and other incentive payments. 11 Article 48. Regulation of wages 48.1. The minimum wage for an employee is established by law. 48.2. The central government body in charge of labor issues, on the basis of proposals from the national representative body that protects the rights and legitimate interests of the employer and employee, approves the methodology for compiling a tariff and qualification directory of specialties and positions, a unified list of names of specialties and positions, the procedure for establishing norms, labor standards, and procedures determining average wages. 48.3. The employer approves in accordance with the law, collective agreement, agreement and complies with the following provisions: 48.3.1. list of specialty and position; 48.3.2. characteristics of the workplace, directory of positions; 48.3.3. labor norms and standards; 48.3.4. basic salary schedules, samples of additional payments, the amount of allowances, bonuses and the procedure for their payment. Article 49. Principle and form of payment of wages 49.1. The employee's wages are paid in piecework, time-based and other forms in accordance with the results of work. 49.2. For equal work of men and women, equal wages are established. 49.3. For jobs that require narrow, high qualifications, knowledge, specialties and for jobs with special conditions, increased wages are established. 49.4. If failure to comply with labor standards did not depend on the employee’s fault, then he is paid the difference from the basic salary and the payment due for the work performed. 49.5. If an employee, through his own fault, does not fulfill the labor standard, then he is given a payment commensurate with the work performed. Article 50. Additional payment 50.1. An employee may be paid an additional payment to the basic salary in accordance with the results of work. 50.2. An employee who, along with his main job, performs part-time work, part-time work, or duties not specified in the description of the workplace or the duties of a temporarily absent employee and night and overtime work is paid additionally taking into account his basic salary. 50.3. The amounts of additional payments are established by agreement between the employer and the employee in accordance with this law and the collective agreement. Article 51. Surcharge 51.1. The bonus for the degree of qualification and working conditions and other bonuses are established and paid according to the collective agreement, based on the characteristics of the workplace. Article 52. Additional payment for days of general holiday 52.1. An employee who worked on a general holiday and did not have vacation compensation is paid double the average salary. Article 53. Additional payment for overtime and for weekly rest days 53.1. Wages for overtime and for days of weekly rest are paid at one-half tare or higher, if vacation is not compensated. 53.2. Increased wages paid in accordance with Article 53.1. of this law is regulated by collective and labor agreements. Article 54. Additional payment for night time 54.1. Additional payment is paid to an employee who worked at night in accordance with the collective and labor agreement and who did not compensate for vacation. 12 Article 55. Vacation compensation 55.1. The next vacation compensation is issued to the employee during the next vacation period. 55.2. Vacation compensation is set in the amount of the employee’s average earnings for a given year. Article 56. Compensation for downtime 56.1. If it is not possible to transfer an employee to another job during downtime due to reasons beyond his control, compensation is paid in the amount specified in the collective agreement. 56.2. The amount of compensation for downtime specified in the collective agreement is 60 percent or more of the basic salary of a given employee and should not be lower than the minimum wage. 56.3. Compensation for downtime caused by the employee’s fault is not paid. 56.4. An employee transferred to another job during downtime is paid the appropriate piecework wage, but not less than the amount equal to the average earnings he previously received. 56.5. An employee who refuses to move to another job for unjustified reasons will not be paid compensation. Article 57. Compensation for the time of transfer to another job due to necessity 57.1. An employee transferred to another job, on the basis of Article 33 of this law, is paid a salary corresponding to the work performed; in the event of a decrease in previous earnings, the difference is given. Article 58. Wages of an employee under 18 years of age 58.1. The wages of an employee under 18 years of age are calculated as time-based or piecework wages and the basic wage due for a shortened working day is paid. Article 59. Compensation for the time of delivery of work 59.1. Compensation for the time the work is completed is issued by the business unit, the organization in which the employee worked. 59.2. If the work is delayed due to the fault of the employer, compensation is paid for this period. 59.3. If the deadline for submitting work is delayed due to the fault of the employee, compensation for this period is not issued. Article 60. Terms of payment of wages 60.1. The employee's salary is paid 2 or more times a month on a set day. 60.2. An employee's wages can be paid time-based, daily or weekly. 60.3. An employee may be given wages in advance at his request. Article 61. Form of payment of wages 61.1. The basic salary, additional payment, bonus and employee compensation are paid in cash. Article 62. Notice of changes in wages 62.1. The employer is obliged to notify the employee 10 or more days in advance about changes in the forms and amounts of wages under the collective agreement before compliance with this decision and makes changes to the employment contract. Article 63. Deductions from wages, limitation of their amounts 63.1. Deductions can be made from an employee’s salary only in the following cases: 63.1.1. the employer’s decision to compensate for losses not exceeding the employee’s average earnings; 13 63.1.2. other cases provided for by law. 63.2. The total deduction from an employee's salary (not including income tax) should not exceed 20 percent of the salary, and if deductions are made for children and several deductions are made at the same time, then these deductions should not exceed 50 percent of the salary. 63.3. If an employee does not accept the decision to deduct from his salary or the amount of deduction, he can appeal to the commission for resolving labor disputes. 63.4. A claim for damages in excess of average earnings may be filed in court. 63.5. If an employer illegally withholds from an employee’s wages, then a complaint for the return of the withheld money is submitted to the commission for resolving labor disputes. Article 64. Benefits and compensation issued to an employee who has retained his previous job and position 64.1. When conducting a medical examination, performing the duties of a donor in accordance with Article 35.1.3., when concluding a collective agreement, agreement, negotiation in accordance with Article 35.1.5. of this law and in the cases provided for in Articles 35.1.1, 35.1.6. of this law, the employee is paid compensation in an amount equal to average earnings. 64.2. In the cases specified in Article 35, except for those specified in Article 64.1. of this law, payment of benefits and compensation is carried out in accordance with this law, other relevant laws, collective agreement, employment contract and agreement. Article 65. Compensation for the time of moving to work in another area 65.1. To an employee selected or sent from one aimag, city to another aimag, city, as well as from one soum, horon to another somon, horon within an aimag, city, the receiving organization pays funds for expenses for transport, transportation of cargo and luggage and travel allowances, and members of his family - funds for expenses for transport, transportation of goods and luggage. Article 66. Compensation for absence from work for valid reasons 66.1. An employee who does not show up for work due to natural and general disasters and other valid reasons is given compensation in an amount equal to 50 percent of the basic salary. 66.2. An employee who did not show up for work and personally participated in eliminating the consequences of disasters and obstacles provided for in Article 66. 1. of this law, compensation is issued in an amount equal to the basic salary. Article 67. Wages for shortened working hours 67.1. Reduced working hours of the employee referred to in Articles 71.1., 71.2., 71.4. is considered worked and average earnings are given. 67.2. An employee whose working hours have been reduced in accordance with Articles 71.3, 71.5. of this law, the average earnings previously received by him/her are issued for 6 months. Article 68. Wages for the period of transfer to another job that does not affect the employee’s health 68.1. In the event of a reduction in the wages of pregnant women, women with infants, transferred to another job that does not affect their health in accordance with Article 107.1. of this law, compensation is paid in the difference calculated from previously paid and currently received wages. 68.2. In the event of a reduction in the wages of an employee transferred to another job that does not affect his health in accordance with Article 34 of this law, compensation is issued within 6 months for the difference calculated from the previously paid wages currently received. Article 69. Compensation for the time of incorrect dismissal or transfer 69.1. When reinstating the employee to his previous job and position in accordance with Article 36.1.2. of this law, then he is paid compensation in an amount equal to the previously received 14 average earnings for the entire time he was unemployed, and if he worked in a low-paid job, then he is paid the difference in wages. CHAPTER FIVE WORKING TIME AND REST TIME Article 70. Working time 70.1. Working hours per week cannot exceed 40 hours. 70.2. The duration of a normal working day for an employee is 8 hours. 70.3. The uninterrupted rest time between two consecutive working days is 12 hours or more. Article 71. Reduction of working hours 71. 1. The working time of the week for workers aged 14-15 years is 30 hours, and for workers aged 16-17 and workers with disabilities up to 36 hours. 71.2. If the competent authority has determined that the workplace is abnormal, the employer is obliged to reduce working hours, taking into account the labor standards and assessments issued by the professional body. 71.3. The employee's working hours are reduced according to the decision of the medical labor examination commission. 71.4. The employer is obliged to reduce the working time of the employee undergoing vocational training and advanced training in production during training. 71.5. The working time of disabled people and dwarfs can be reduced depending on the work they perform, taking into account his proposal. Article 72. Night time 72.1. The time from 22:00 to 06:00 local time is considered night time. Article 73. Summation of working time 73.1. If it is not possible to adhere to the working hours of a working day and working week due to the nature of work and production, the procedure for summing up working time can be applied. 73.2. In the case specified in articles 73.1., 71.3. of this law, the total working time should not exceed the amount of working time allotted during the extended period. 73.3. The Government of Mongolia approves the Regulation on the summation of working hours. 73.4. The summation of working time does not limit the use of conditions such as issuing regular leave to the employee, calculating the period for payment of social insurance and others provided for by law. Article 74. Limitation of overtime work 74.1. Overtime work is considered to be exceeding the working hours of the working day established by internal labor regulations, at the initiative of the employer in accordance with the reasons specified in this law. 74.2. Unless provided for in the collective and labor agreement, overtime work by an employee at the initiative of the employer is prohibited, except for the following cases: 74.2.1 performing work necessary for the defense of the country, protecting the life and health of people; 74.2.2. prevention of natural and general disasters, industrial accidents and immediate elimination of their consequences; 74.2.3. elimination of damage that disrupts the normal operation of general water supply, electricity, heat, transport and communications. 74.2.4. performing urgent work that cannot be known about prematurely and which may interfere with the normal activities of the organization or its representative offices if not performed immediately. 74.3. It is prohibited for an employee to work two shifts in a row. Article 75. Break for rest and lunch 15 75.1. The employee is given a break for rest and lunch. 75.2. The start and end times of the break are established by internal labor regulations. 75.3. The employer provides the opportunity to have lunch for employees who, depending on the nature of their work and production, are deprived of the opportunity to have a break. Article 76. General holidays 76.1. The following days are general holidays: 76.1.1. New Year: January 1 76.1.2. White month: 1st and 2nd days of the new moon of the first month of spring. 76.1.3. International Women's Day: March 8, 76.1.4. Children's Day: June 1st. 76.1.5. National holiday "Naadam" - July 11, 12, 13. 76.1.6. Day of the proclamation of the Mongolian People's Republic: November 26. Article 77. Weekly rest 77.1. Saturday and Sunday are days of general rest. 77.2. An employee who does not have the opportunity to rest on Saturday and Sunday due to the nature of work and production is given rest on the other 2 days in a row per week. 77.3. In cases where the days of a general holiday and weekly days off are close, then weekly work and days off can be regulated by a decision of the Government. Article 78. Limitation of work on days of general holiday and weekly vacation 78.1. It is prohibited to carry out work at the initiative of the employer on days of general holiday and weekly leave, except for the following cases: 78.1.1. In the case specified in articles 74.2.1, 74.2.2, 74.2.3, 74.2.4. of this law. 78.1.2. production with uninterrupted operations, serving the population and carrying out urgent repairs, loading and unloading work. 78.2. By agreement of the employer and employee, work is allowed on days of general holiday and weekly vacation. 78.3. In the case provided for in Article 78.2. of this law, the employer may provide him with rest on other days, or may provide this rest by including it in the next vacation. Article 79. Regular vacation, its terms 79.1. The employee is annually granted regular leave with physical use. An employee who has not used his next physical leave due to a necessary work requirement may be given a monetary reward. The procedure for issuing monetary remuneration is regulated by a collective agreement; if there is none, then on the basis of an agreement with the employee by decision of the employer. 79.2. The employee's main regular vacation period is 15 working days. 79.3. The duration of the main regular leave of an employee under 18 years of age and an employee with disabilities is 20 working days. 79.4. An employee, at his own request, can use his next vacation in parts within a given year. 79.5. Taking into account the length of service of an employee who worked under normal working conditions, the following additional days of rest are added to his main vacation: 79.5.1. by 6-10 years - 3 working days 79.5.2. 11-15 years old - 5 working days 79.5.3. 16-20 years old - 7 working days 79.5.4. 21-25 years old - 9 working days 79.5.5. 26-31 years old - 11 working days 79. 5.6. 32 and over years - 14 working days. 79.6. Taking into account the length of service of an employee who worked under abnormal working conditions, the following days of rest are added to his main vacation, in accordance with the collective agreement: 76.6.1. for 6-10 years - 5 or more working days 76.6.2.11-15 years - 7 or more working days 76.6.3.16-20 16 years - 9 or more working days 76.6.4.21-25 years - 12 or more working days 76-6.5 .26-31 years - 15 or more working days 76.6.6.32 and over years - 18 or more working days. 79.7. The duration of additional rest for civil servants may be established by relevant law. Article 80. Providing time off 80.1. The employer provides the employee with time off at his request. 80.2. The issue of providing or not providing benefits to an employee during time off is regulated in accordance with the collective and labor agreement and internal labor regulations. CHAPTER SIX WORKING CONDITIONS, OCCUPATIONAL SAFETY, HYGIENE STANDARDS Article 81. Classification of working conditions 81.1. Workplace conditions are classified into normal and abnormal working conditions. 81.2. The employer is required to have the workplace conditions assessed by a professional body. 81.3. The procedure and conditions for assigning a pension on preferential terms to an employee who worked in abnormal working conditions are determined by law. Article 82. Establishment of safety precautions and sanitary and hygienic standards 82.1. Safety precautions and occupational hygiene standards are approved by the organization in charge of standards in coordination with the central government body in charge of labor issues in accordance with the legislation. 82.2. The central government agency in charge of labor issues approves general provisions on occupational safety and health. Article 83. General requirements for the workplace 83.1. The organization of the workplace must meet the requirements of production technology, safety and hygiene. 83.2. Chemical, physical, biological negative factors that may arise in the workplace during the production process must not exceed the limits approved by the body specified in Article 82.1. of this law. 83.3. At the employee’s workplace, household premises are equipped in accordance with hygienic requirements. 83.4. the employer agrees with the disabled employee to equip his workplace with additional means, taking into account his physical condition in accordance with occupational health and safety standards approved by the organization specified in Article 82. 1 of this law. 83.5. a certain part of the costs spent on ensuring hygiene standards in the workplace of an employee with disabilities can be financed from the employment support fund. Article 84. Requirements for industrial buildings and structures 84.1. When designing, constructing, reconstructing, rebuilding and putting into operation industrial buildings and structures, it is necessary to have a preliminary opinion from professional bodies in charge of occupational safety and hygiene issues. Article 85. Requirements for joint ownership of industrial buildings and structures 85.1. If two or more employers jointly own industrial buildings and structures, then the owners are obliged to ensure the following requirements: 85.1.1. the owner and owner jointly establish and maintain order, 85.1.2. In the case of the use of chemical, toxic, explosive, 17 radioactive and bioactive substances in the production process, the owners of industrial buildings and structures must mutually inform each other and ensure their safety. 85.2. In case of failure to comply with the requirements specified in Article 85.1. of this law, it is prohibited to jointly own industrial buildings and structures. Article 86. Requirements for machines, mechanisms and equipment 86.1. The operation of machines, mechanisms and equipment must be carried out in accordance with the procedure for use and safety with the proper maintenance of technical passports. 86.2. To install machines, mechanisms and equipment and put them into operation after a major overhaul, it is necessary to undergo preliminary inspection and obtain permission from professional bodies. 86.3. Examination, adjustment and guarantee of lifting and transport mechanisms and high-pressure tanks of mains must be carried out in the appropriate manner. 86.4. Electricity and equipment must be installed as designed and comply with electrical usage and safety requirements. Article 87. Requirements for special clothing and personal protective equipment 87.1. The employer provides the employee with special clothing and personal protective equipment that meet the working conditions, characteristics of the job and duties, and meet the requirements of occupational safety and health. 87.2. The employer is obliged to ensure washing, disinfection and repair of special clothing and personal protective equipment issued to the employee. Article 88. Requirements for handling chemical, toxic, explosive, radioactive and bioactive substances 88.1. The employer must inform the labor authority, supervisory authority and relevant authorities in the appropriate manner about the use of chemical, toxic, explosive, radioactive and bioactive substances and comply with the procedure approved by the competent authority. Article 89. Fire safety requirements 89.1. The employer must approve and comply with internal fire safety regulations. 89.2. An economic unit or organization equipped with fire alarms and special fire protection equipment must keep them in ready condition and train employees to use fire equipment. 89.3. The employer must take and implement the necessary measures for fire prevention and fire safety. Article 90. Requirements for work in adverse weather conditions 90.1. The employer is obliged to organize and equip household premises for heating, resting and sheltering the employee during his break from work in open areas and unheated rooms with extremely hot, extremely cold, windy, precipitation and other unfavorable weather conditions. Article. 91. Providing favorable working conditions 91.1. The employer must provide the employee with a workplace with favorable conditions and create such conditions that chemical, physical and biological factors arising during the production process do not have a negative impact on the hygiene and ecology of the workplace. 91.2. For an employee who worked in abnormal conditions, the employer provides personal protective equipment, special clothing, substances for deactivating poison, food and food products. 91.3. The employer must plan the necessary funds for activities 18 ensuring occupational safety and health in its annual plan and collective agreement and spend them in accordance with them. Article 92. Medical examination 92.1. The employer carries out, in accordance with the procedure approved by the regulatory body, the preliminary and periodic medical examination of the employee necessary for this work, production and services. 92.2. The employer must be responsible for the costs necessary to carry out the medical examination specified in Article 92.1. of this law. Article 93. Service and commission in charge of occupational safety and health issues 93. 1. An economic unit or organization must have a freelance commission consisting of representatives of the employee and employer, a service, and an employee in charge of occupational safety and health issues. 93.2. The state administrative central body in charge of labor issues approves the procedure for organizing work on technology, safety and health in business units and organizations. Article 94. Suspension of work in the event of circumstances that negatively affect life and health 94.1. The employee suspends work in each case of violation of the industrial safety procedure and the occurrence of circumstances that negatively affect life and health during the performance of his work duties and notifies the employer about this. 94.2. The employer is obliged to immediately take measures to eliminate these violations and the circumstances provided for in Article 94.1. of this law. Article 95. Registration of studies of industrial accidents, occupational diseases and acute poisonings 95.1. The employer is obliged to transport an employee involved in an accident to the hospital at his own expense, as well as take timely measures to eliminate the causes and consequences of the accident. 95.2. In each case of industrial accidents, the employer is obliged, in accordance with the procedure established by the Government, to investigate and register accidents, establish an accident report and have a permanent higher commission for establishing industrial accidents. 95.3. Acts adopted by the commission on industrial accidents are approved by the state inspector. 95.4. If the employer has not fulfilled his obligations provided for in Articles 95.2., 95.3. of this law, or the employee does not agree with the conclusion about the causes and conditions of the accident, then he has the right to file a complaint with the professional supervision body responsible for labor issues or with the court. 95.5. The employer is obliged to comply with the decision of the body that examined and resolved the complaint specified in Article 95.4. of this law. 95.6. The economic unit, the organization on whose territory the industrial accident occurred, is responsible for the expenses associated with the registration of the industrial accident investigation. 95.7. The professional supervision body responsible for labor issues investigates occupational diseases and acute poisonings in accordance with the established procedure, equating them with an industrial accident and takes the measures provided for in this article and other appropriate measures. 95.8. The employer informs, in accordance with the established procedure, reports of industrial accidents, occupational diseases and acute poisoning. 95.9. Concealing an industrial accident, occupational illness or acute poisoning is prohibited. 95.10. The government approves the Regulations on the registration of studies of industrial accidents, occupational diseases and acute poisonings. Article 96. Occupational disease 96.1. The list of occupational diseases is approved by the state administrative central body that issues health issues. 96.2. The relevant professional body defines the occupational disease. Article 97. Compensation for damage caused as a result of industrial accidents, acute poisoning and occupational diseases 97.1. In order to compensate for the damage caused, the employer pays compensation in the following amount to an employee who has suffered an industrial accident and acute poisoning or has fallen ill with an occupational disease and family members of an employee who died as a result of these reasons, regardless of the availability of insurance in the event of an industrial accident and occupational disease: 97.1.1 . An employee who has lost up to 30 percent of his working capacity, due to an industrial accident or occupational disease, receives 50 months, up to 31-50 percent 7 months, 51-70 percent 9 months, above 71 percent 18 months compensation equal to the average monthly salary one or more times. 97.1.2. Family members of an employee who died as a result of an industrial accident, acute poisoning or occupational disease are paid 1 or more times compensation in an amount equal to 36 monthly earnings or more. 97.2.Payment of compensation in accordance with Article 97.1. This law does not deprive victims of the opportunity to receive pensions and benefits in accordance with the social insurance law and other relevant legislation. 97.3. The issue of indexation of compensation in connection with changes in the subsistence level of the population is reflected and considered in the collective agreement. 97.4. In cases where bodies of all levels, financed from the state or municipal budget, legal entities of state or municipal property, or with their participation /51 percent or more/ are liquidated, or there is no defendant on the basis of bankruptcy due to insolvency, then the issue of issuing compensation to the employee is separately decided by the Government , local/municipal/administrative body. Article 98. Medical and labor expert commission 98.1. The medical labor expert commission resolves issues regarding the establishment of disability, determines the causes and extent of loss of ability to work. 98.2. The Charter of the Medical Labor Expertise Commission is approved by the Government. Article 99. Suspension and closure of the activities of an economic unit, organization that does not ensure safety precautions and occupational health standards 99.1. If it is confirmed that the activities of an economic unit, organization and its branches and units cause a negative impact and danger to the life and health of an employee, then the professional supervision body responsible for labor issues or the correcting official / inspector / takes the necessary measures to eliminate the violations. 99.2. If an economic unit or organization does not eliminate the violations specified in Article 99.1. of this law, the professional supervisory authority responsible for labor issues or the authorized official /inspector/ may suspend and close their activities in whole or in part for a certain period of time until the requirements for safe activities and occupational health are met. CHAPTER SEVEN WOMEN'S WORK Article 100. Prohibition of dismissal from work of pregnant women and mothers /single fathers/ with a child under 3 years of age 100.1. It is prohibited to dismiss pregnant women and 20 mothers with a child under 3 years of age at the initiative of the employer, except in cases of liquidation of an economic unit, organizations and as provided for in Articles 401.4., 401.5. of this law. 100.2. The provisions of Article 100.1 of this law also apply to a single father with a child under 3 years of age. Article 101. Work in which women are prohibited 101.1. List of jobs that are prohibited from being accepted by the Government in charge of labor issues. women are approved by the member Article 102. Limitation of night or overtime work and business trips 102.1. Night and overtime work, business trips of pregnant women, mothers with a child under eight years old, single mothers with a child under 16 years old without her consent are prohibited. 102.2. The provisions of Article 102.1. This law also applies to a single father with a child under 16 years of age. Article 103. Additional break for feeding and caring for the child 103.1. In addition to the general break for rest and lunch, mothers with a child under 6 months old, or with twins under one year old, are given a two-hour break for feeding and caring for the child, as well as mothers with a child aged from 6 months to one year , as well as with a child, although he has reached one year, but according to a medical report requires the necessary care, a break of 1 hour is provided. 103.2.Provisions of Article 103.1. This law also applies to single fathers. 103.3. The break for feeding and caring for the child is included and taken into account during working hours. Article 104. Maternity leave and postpartum leave 104.1. Mothers are granted maternity leave and postpartum leave of 120 days. 104.2. Mothers who carried a child for 196 and more than 196 days and gave birth to a premature child, or had an abortion and terminated the pregnancy due to medical intervention, and mothers who, although they did not carry a child for 196 days, but gave birth to a child capable of survival, are granted pregnancy leave and postpartum leave according to Article 104.1. of this law. 104.3. When granting exemption from work to women who have been pregnant for 196 days and given birth to a premature baby, or who have had an abortion and terminated the pregnancy due to medical intervention, the usual procedure for exemption from work due to illness is followed. Article 105. Providing leave to an employee upon adoption/adoption of a newborn 105.1. The mother who has adopted a newborn is granted leave on the same basis as the mother who gave birth until the newborn reaches 60 days. 105.2. The provisions of Article 105.1. This law also applies to single fathers. Article 106. Providing parental leave 106.1. A mother, father with a child under 3 years of age who has used their postpartum and regular leave at her / his / request is granted leave to care for the child. Also, a single father with a child under 3 years old can take leave at his request. 106.2. The employer is obliged, after maternity leave, or at the request of the mother or father herself, although the leave has not ended, to provide her / him / with the same job and position, and in the event of a reduction in staffing and a decrease in the number of employees, to find her / him / another job. 106.3. The provisions of Article 106.1, 106.2. of the present also apply to the father and mother who adopted the child. Article 107. Reduction of working hours or transfer of pregnant or lactating women to another job 107.1. If a medical opinion has been issued to ease working conditions, then the working hours of pregnant and lactating women can be reduced or they can be transferred to another job that does not have a detrimental effect on their health. Article 108. Volume restrictions for lifting and carrying loads by women 108.1. It is prohibited for women to lift and carry heavy loads that exceed the volume approved by the member of the Government in charge of labor issues. CHAPTER EIGHT WORK OF MINORS, DISABLED PERSONS, Dwarfs AND ELDERLY PEOPLE 109.1. A person who has reached the age of 16 has the right to enter into an employment contract. 109.2. In cases that do not contradict the provisions specified in Article 109.5 of this law, a person who has reached 15 years of age may enter into an employment contract with the consent of his parents or guardian. 109.3. For the purpose of providing vocational guidance, persons over 14 years of age may enter into an employment contract with the consent of their parents, guardian and state administrative body in charge of labor issues. 109.4. It is prohibited to employ minors in work that is contrary to their mental development and health. 109.5. The list of jobs in which the employment of minors is prohibited is approved by the Member of the Government in charge of labor issues. 109.6. Except for the cases specified in Article 109.1-109.3 of this law, it is prohibited to conclude an employment contract with a minor. Article 110. Protection of the health of a minor employee 110.1. Persons under the age of majority are hired after undergoing a preliminary medical examination and must subsequently undergo a medical examination every six months until they reach the age of 18. 110.2. It is prohibited to engage a minor employee in night or overtime work, as well as in work on public holidays and weekly rest. 110.3. It is prohibited to involve a minor worker in work under abnormal working conditions. 110.4. It is prohibited for minors to lift or carry heavy loads that exceed the volume approved by the Member of the Government in charge of labor issues. Article 111. Labor of people with disabilities and dwarfs 111.1. Business units and organizations with 25 or more employees must employ people with disabilities and dwarfs for 4 or more percent of the staffing schedule of jobs and positions. 111.2. If business units and organizations have not hired people with disabilities and dwarfs in the number specified in Article 111.1. of this law, then they pay a monthly payment for each staffing table that has not been accepted. 111.3. The procedure for spending and receiving payments, the amount of payment specified in Article 111.2. of this law is established by the Government. 111.4. Payments specified in article 111.2. of this law are centralized into the employment support fund and are spent on financing measures to support the employment of people with disabilities and dwarfs. 111.5. If the physical condition of disabled people and dwarfs does not cause an obstacle to their employment and the working conditions do not contradict them, then it is prohibited to refuse to hire them for this reason. Article 112. Labor of older persons 112.1. An elderly person receiving a pension can work. 112.2. An elderly person receiving a pension cannot serve as a basis for limiting his salary. 112.3. An employer may, at the request of older persons, reduce the length of their working day or transfer them to another job that does not conflict with their health. CHAPTER NINE LABOR OF FOREIGN CITIZENS AND CITIZENS WORKING IN FOREIGN ECONOMIC UNITS AND ORGANIZATIONS Article 113. Labor of foreign citizens 113.1. An employer can hire foreign citizens on the basis of an employment contract. 113.2. Relations related to the employment of foreign citizens on the territory of Mongolia are regulated by this law and the Law on the Legal Status of Foreign Citizens, the Law on the Export of Workforce Abroad, and the Entry of Workforce, Specialists from Abroad, and the Law on Employment Support. 113.3. The provisions specified in articles 113.1, 113.2. This law also applies to stateless persons. Article 114. Labor of citizens working for foreign economic units and organizations 114.1. Foreign economic units and organizations operating in Mongolia may employ Mongolian citizens. 114.2. In the case specified in Article 114.1. of this law, the employer, in accordance with this law, enters into an employment contract with the employee. 114.3. Foreign economic units and organizations that hire an employee on the basis of a contract are obliged, in the appropriate manner, to truthfully inform the competent authorities and officials about the employee’s wages and equivalent income. CHAPTER TEN REGULATION OF COLLECTIVE LABOR DISPUTE Article 115. The emergence of a collective labor dispute, making demands and responding to demands 115.1. Employee representatives have the right to put forward demands and initiate a collective labor dispute on controversial issues that arose during the conclusion of a collective agreement and agreements or the implementation of their provisions in accordance with Article 12.5. of this law. 115.2. One party to a contract and agreement puts forward its demands to the other party in writing. 115.3. A copy of the request is sent to the Prefect /Zasag dargah/ of the given administrative-territorial unit. 115.4. The party receiving the requirements must respond to them in writing within three business days. Article 116. Conciliatory form of regulation of collective labor dispute 116.1. A collective labor dispute is regulated by the following conciliation measures: 116.1.1. inviting a mediator; 116.1.2. labor arbitration proceedings. 116.2. The parties do not have the right to avoid participating in the conciliation measures specified in Article 116.1. of this law. 23 116.3. Worker representatives, during conciliation events in support of their demands, have the right to hold demonstrations and rallies in accordance with the law. 116.4. Representatives of the parties, the mediator and labor arbitrators are obliged to use all opportunities provided by law to regulate labor disputes. Article 117. Invitation of a mediator to regulate a collective labor dispute 117.1. In cases where the employer does not accept the demands presented in accordance with Article 115 of this law, fails to respond, or does not accept the employer’s response from the employee representatives, a mediator is invited to resolve the collective labor dispute. 117.2. The parties select a mediator by agreement, and if they have not reached an agreement within three working days, they turn to the somonial and district Prefect /Zasag darga/ with a request to appoint him. 117.3. The somonial and district prefect /Zasag dargah/ appoints a mediator within three working days. 117.4. The parties do not have the right to refuse a mediator appointed by the somonial and district Prefect /Zasag dargah/. 117.5. The regulation on the regulation of collective labor disputes with the participation of a mediator is approved by the Government. 117.6. The mediator has the right to request and receive from the parties documents and information related to the collective labor dispute. 117.7. Consideration of a collective labor dispute by the parties with the participation of a mediator is carried out within five working days after his invitation and this activity ends with the adoption of an agreed decision in writing or the drawing up of a protocol of disagreements. Article 118. Consideration of a collective labor dispute in labor arbitration 118.1. In cases of failure to reach agreement as a result of consideration of a labor dispute with the participation of a mediator, the Prefect /Zasag Dargah/ of this administrative-territorial unit establishes a labor arbitration and appoints their arbitrators within three working days. 118.2. Labor arbitration consists of three arbitrators nominated by the parties involved in labor disputes and the Prefect (Zasag Dargah). The parties do not have the right to refuse arbitrators appointed by the Prefect / Zasag Dargah / Representatives of a collective labor dispute cannot be part of the labor arbitration panel. Labor arbitration considers a collective labor dispute with the participation of representatives of the parties and makes a recommendation within five working days after its establishment. If the parties participating in a collective labor dispute have come to an agreement on the acceptance and implementation of the recommendations of the labor arbitration, then they make a decision on this. 118.7. The parties are obliged to comply with the decision specified in Article 118.6 of this law. 118.8. The State Great Khural approves the Charter on Labor Arbitration based on the proposal of the National Tripartite Committee on Labor and Social Coherence. Article 119. Exercise of the right to strike 119.1. Employee representatives have the right to strike in the following cases: 119.1.1. failure by the employer to fulfill the obligations of participation in conciliation measures specified in Article 116.1. this law; 119.1.2. failure by the employer to comply with the decision agreed upon with the participation of the mediator; 119.1.3. failure by the employer to comply with the decision made as a result of accepting the recommendation of the labor arbitration tribunal; 119.1.4. Although the collective dispute was discussed in labor arbitration, no decision was made to accept the recommendation. 119.2. The employee participates in the strike voluntarily. 119.3. It is not allowed to force an employee to participate in a strike and its continuation, to suspend a strike, except in cases specified in the law, or to refuse to participate in it. 119.4. Representatives of the employer are prohibited from organizing a strike and taking part in it. 24 Article 120. Declaration of a strike, temporary closure of workplaces 120.1. The decision to declare a strike is made by a meeting of members of a representative body that protects the rights and legitimate interests of workers or by a general meeting of workers. 120.2. A meeting is considered legal if it was attended by a majority (two-thirds) of the members of the representative body protecting the rights and legitimate interests of employees or the total number of employees of a given economic unit or organization. 120.3. A strike can be declared if it is supported by a majority/more than half/of the meeting participants. 120.4. The decision to declare a strike includes the following issues: 120.4.1. the divisive issue that led to the strike; 120.4.2. year, month, day and time of the start of the strike, its duration, estimated number of participants; 120. 4.3. the person organizing and leading the strike and the composition of representatives who will participate in the consideration of the dispute; 120.4.4. a list of works related to ensuring the health and safety of people during the strike. 120.5. The person leading the strike is obliged to submit to the other party the decision to declare a strike five or more working days before its start. 120.6. An employer who finds it impossible to accept the demands of employees may, as a measure against a strike, temporarily close (lockout) the workplaces of employees participating in the strike. 120.7. Representatives of workers may temporarily close business units, organizations / picket / in order to temporarily suspend work at the workplaces of workers participating in the strike. 120.8. The employer notifies consumers and suppliers about a strike or temporary closure of workplaces three or more working days before it begins. 120.9. Except for the cases specified in the law, interference by outsiders in organizing a strike, in the temporary closure of workplaces, in the exchange of views of the parties on controversial issues and in their free choice of decisions is prohibited. 120.10. During the continuation of the strike, the parties are obliged to take conciliatory measures to regulate the collective labor dispute. 120.11. The party that organized the strike and temporarily closed workplaces during the preparation and continuation of these measures takes measures to ensure public order, protect the health, safety and property of persons with the help of relevant government bodies. Article 121. The person leading the strike and temporary suspension, reinstated, termination of the strike 121.1. Worker representatives are leading the strike. 121.2. The person leading the strike has the right to hold meetings, request information from the employer on issues affecting the rights and legitimate interests of workers and invite specialists to draw conclusions on controversial issues. 121.3. The person leading the strike has the right to suspend it. 121.4. To restore a suspended strike, the dispute is not reconsidered by the mediator and in arbitration under Article 116.1 of this law. 121.5. Employers are notified of the reinstatement of a suspended strike three working days before it is reinstated. 121.6. A strike is considered terminated from the moment the parties sign an agreed decision to resolve a collective labor dispute or declare it illegal. Article 122. Prohibition, postponement and temporary suspension of a strike 122. 1. A strike is prohibited in organizations with the functions of defending the country, ensuring state security and protecting public order. 122.2. A strike is prohibited during negotiations on controversial issues and consideration of a collective labor dispute by a mediator, in labor arbitration, or in court. 25 122.3. If a situation arises that is dangerous to human life and health, the court has the right to postpone the strike for up to 30 days and, if the strike has begun, to suspend it for the same period. 122.4. If strikes carried out in economic units of the electrical and thermal power system, public water supply, urban public transport, international, intercity and urban telecommunications and railway traffic services may create a condition causing damage to state security, human rights and freedoms, then the Government may postpone it for a period up to 14 days before the court makes a decision. Article 123. Recognition of strikes and temporary closure of workplaces as illegal 123.1. Strikes organized as a result of collective labor disputes are considered illegal in the following cases: 123.1.1. organized without complying with the provisions specified in Article 119.1. this law; 123.1.2. strikes of bodies specified in Article 122.1. this law; 123.1.3. submitted demands on issues that do not relate to relations regulated by the collective agreement and agreement specified in Articles 18, 19 of this law. 123.2. The party that considers the strike and temporary closure of workplaces illegal goes to court with a request to declare them illegal. 123.3. The court decides to recognize the strike and the temporary closure of workplaces as unsettled. 123.4. If the court decides to declare a strike and temporary closure of workplaces illegal, the parties immediately stop these activities. Article 124. Guarantee of employee rights related to the resolution of a collective labor dispute 124.1. The mediator and labor arbitrators are released from their main work for the period of participation in the resolution of a collective labor dispute and are paid compensation in the amount of average earnings. 124.2. It is prohibited to apply disciplinary sanctions, transfer to another job and dismissal at the initiative of the employer to representatives of employees who participated in the resolution of a collective labor dispute during the entire period of resolution of the dispute. 124.3. An employee who participated in a strike that was not declared illegal is not considered a violator of labor discipline and cannot be subject to disciplinary sanctions. 124.4. In the course of resolving a collective labor dispute, the parties may establish the payment of compensation to the employee who participated in the strike. 124.5. An employee who, although did not participate in the strike, but in connection with it was not able to perform his work, and also if the court declares the temporary closure of workplaces illegal, is paid compensation in the amount of average earnings. CHAPTER ELEVEN REGULATION OF INDIVIDUAL LABOR DISPUTE Article 125. Consideration of individual labor dispute 125.1. An individual labor dispute arising between an employer and an employee is considered by the Commission for the Resolution of Labor Disputes by the court according to its jurisdiction. Article 126. Disputes considered by the Commission for the Resolution of Labor Disputes 126.1. The Commission for the Resolution of Labor Disputes considers in the first instance all labor disputes, except those that are within the jurisdiction of the court. 126.2. The Charter of the Commission for the Resolution of Labor Disputes is approved by the Government. Article 127. Appeal against the decision of the Commission for the Resolution of Labor Disputes 127.1. In case of disagreement with the decision of the Labor Dispute Resolution Commission, the employer and employee have the right to appeal it to the relevant somonial and district court within 10 days after its receipt. 26 Article 128. Dispute considered by the court 128.1. The following disputes are considered by the court: 128.1.1. appealing the decision of the Labor Dispute Resolution Commission in accordance with Article 127 of this law; 128.1.2. employee complaint about improper dismissal at the initiative of the employer and improper transfer to another job; 128.1.3. employer's claim for compensation for damage caused by an employee in the course of fulfilling labor obligations to an economic unit or organization, 128.1.4. an employee’s claim for compensation for damages due to loss of health while performing work duties; 128.1.5. disputes arising on the issues specified in Article 69 of this law; 128.1.6. disputes arising in connection with an employment contract between citizens; 128.1.7. employee complaint about improper disciplinary action, 128.1.8. employee's claim for worsening the terms of the employment contract than those provided for in the legislation and the collective agreement, 128.1.9. an employee’s claim about the inconsistency of the internal labor regulations, other orders, decisions approved by the organization in accordance with its characteristics |with its specifics|. To regulate labor relations with the law, 128.1.10.except for cases specified in the law or contract, labor dispute between employees working by joining property and labor; 128. 1.11. other disputes within the jurisdiction of the court in accordance with the law. Article 129. Deadline for filing a complaint regarding a labor dispute 129.1. Parties to the employment contract except in cases specified in Article 129.2. of this law, may file a complaint with the body resolving a labor dispute within three months from the day they learned or should have learned about the violation of their rights. 129.2. The employee files a complaint with the court about improper dismissal and transfer to another job within 1 month from the date of receipt of the employer’s decision. 129.3. If the statute of limitations specified in this article is exceeded for good reasons, the court may restore this period and resolve the case. CHAPTER TWELVE INTERNAL LABOR REGULATIONS, LABOR DISCIPLINE, MATERIAL RESPONSIBILITY Article 130. Internal labor regulations 130.1. The employer approves the internal labor regulations in accordance with the law, taking into account the proposals of employee representatives. 130.2. The internal work schedule reflects issues of labor organization, rights and obligations, and the responsibilities of the employer and employee. 130.3. The relevant government agency may approve a special disciplinary statute. Article 131. Responsibility for violation of labor discipline 131.1. The employer, his legal representatives and an authorized official bring the employee who has violated the employment contract and labor discipline to the following disciplinary liability by making a decision: 131.1. warning; 131.1.2. reduction of the basic salary by up to 20 percent for up to three months; 131.1.3. dismissal from work. 131.2. They will be subject to disciplinary liability within 6 months after the violation was committed and 1 month after its discovery. 131.3. It is prohibited to apply different types of disciplinary liability for the same disciplinary violation. 131.4. After one year has passed since being brought to disciplinary liability, the employee is considered not to have been subject to it. 27 Article 132. Grounds for bringing to financial liability 132.1. An employee who, through his own fault, causes damage to the organization while performing his job duties, regardless of whether he is brought to disciplinary, administrative or criminal liability, is subject to property liability. 132.2. The amount of damage is determined by the direct damage caused, while possible income is not included in the damage. 132.3. Inevitable damage caused during experimentation and adjustment is not subject to compensation by the employee. 132.4. The employee is not subject to compensation for damage caused in connection with the employer’s failure to provide the necessary conditions for the safety and integrity of the property he is responsible for. Article 133. Limited property liability 133.1. Except for the cases specified in Article 135 of this law, an employee who causes damage through his own fault while performing his job duties bears limited property liability, which does not exceed the average monthly earnings of this employee. Article 134. Property liability incurred under a contract 134.1. Except for the cases specified in Article 135 of this law, an employee working on the basis of a contract and causing property damage to the employer through his own fault bears limited property liability, which does not exceed six months of average earnings. Article 135. Full property liability 135.1. In the following cases, the employee bears full financial liability: 135.1.1. entry into force of a court decision establishing the action of the employee who caused the damage as a criminal offense; 135.1.2. provision by law for holding an employee to full property liability for damage to the organization caused during the performance of work duties; 135.1.3. non-payment of property and valuables accepted by power of attorney or other documents for the purpose of drawing up a report later; 135.1 Arastrata of such property as special work clothing and personal protective equipment, issued under the full responsibility of the employee, although he is not responsible for the property; 135.1.5. causing damage to the organization during failure to fulfill job duties through the use of alcoholic beverages and drugs, 135.2. A different procedure for compensation for damage caused to an organization as a result of theft and shortage of certain types of property and valuables is established only by law. 135.3. The employer enters into an agreement with the employee on full property liability in accordance with the list of works and positions to which full property liability may be imposed. 135.4. If an agreement on full property liability was not concluded with the employee and this was not provided for in the employment contract, then they cannot hold him to full property liability. Article 136. Determination of the amount of damage caused to the organization 136.1. The amount of damage caused to the organization is determined by the actual loss by deducting depreciation, calculated according to the relevant standards, from the accounting value and balance sheet of property and valuables. 136.2. The amount of damage in case of theft, deliberate destruction and damage to property and valuables is determined at market prices for the corresponding period. 136.3. The amount of damage caused by the fault of several employees is determined for each individual, taking into account the fault of each and the type of property liability. CHAPTER THIRTEEN LABOR MANAGEMENT AND ITS ORGANIZATION 28 Article 137. Labor management system 137.1. The labor management system consists of a state administrative central body in charge of labor issues and organization of labor employment and supervision, aimak, capital, district employment services and inspectors, /workers/ 137.2. The state administrative central body in charge of labor issues and implementing organizations work under the leadership of a Member of the Government, and local organizations work under the leadership of Prefects / Zasag Darg / 137.3. The state administrative central body in charge of labor issues provides local organizations with professional and methodological management. 137.4. Prefects /Zasag dargah/ of all levels of administrative-territorial units carry out labor management in the area of their authority. Article 138. National tripartite committee for labor and social coherence 138.1. A National Tripartite Committee on Labor and Social Coherence is established under the Government, with representation from representative bodies of state scale, protecting the rights and legitimate interests of the Government, employers and workers. 138.2. The National Committee has an equal number of representatives from the three parties. 138.3. The government approves the Charter of the National Committee for Labor and Social Cohesion in agreement with the representative bodies of the state level, protecting 138.4. The Prime Minister approves the chairman, deputy and composition of the National Committee for a period of six years. The deputy chairman is appointed by agreement of three parties from representatives of one of the parties for a period of two years in rotation. 138.5. The National Committee exercises the following powers: 138.5.1. providing assistance in the development and implementation of state policies on labor issues and the development of a tripartite system of social coherence; 138.5.2. settlement of collective labor disputes arising in the field of protection of the right to work and related legitimate economic and social interests of citizens; 138.5.3. monitoring the implementation of tripartite state agreements on labor and social coherence, coordination on general issues of economics and social policy, 138. 5.4. other rights specified in the legislation, CHAPTER FOURTEEN LABOR CONTROL Article 139. Monitoring compliance with labor legislation 139.1. Monitoring compliance with labor legislation is carried out by the following persons: 139.1.1. The State Great Khural, the Government and Prefects /Zasag Darga/ of all administrative-territorial units, bodies exercising control and dealing with labor issues and other organizations and officials exercise state control in accordance with their powers; 139.1.2. locally, aimak, capital, somonial and district prefects /Zasag darga/ and control bodies exercise state control over labor; 139.1.3. representative bodies protecting the rights and legitimate interests of workers, non-governmental organizations and the public, in accordance with their powers, exercise public control over compliance with labor legislation. Article 140. Activities of state labor control 140.1. Professional supervisory bodies on a national scale and local supervisory services organize and manage labor supervision issues. 140.2. The activities of state labor supervision are regulated by the Charter of state labor supervision. 140.3. The charter of state labor supervision is approved by the Government. 29 CHAPTER FIFTEEN OTHER PROVISIONS Article 141. Responsibility of violators of the law 141.1. If there is no criminal liability for violation of labor legislation, then the perpetrators will be subject to the following administrative penalties: 141.1.1. the judge imposes a fine of 5,000 to 30,000 tugriks on officials and from 10,000 to 250,000 tugriks on economic units and organizations that illegally involved workers in forced labor, 41.1.2. a judge or state labor inspector imposes a fine of 1000050000 tugriks on officials of economic units, organizations, from 100000-250000 tugriks of economic units, organizations that have not paid compensation for industrial accidents, acute poisoning, occupational diseases, for concealing an industrial accident, acute poisoning, professional diseases, or if, as a result of the employer’s guilty activities, an industrial accident or acute poisoning occurred; 141.1.3. the judge imposes a fine of 5,000 to 25,000 tugriks on officials and from 50,000 to 100,000 tugriks on economic units and organizations that have demonstrated discrimination, restrictions, privileges in labor relations depending on nationality, ethnic origin, skin color, social origin and position in society, gender , property! - - southern state, religion, belief or restrictions on the rights and rights of citizens when applying for a job and in the process of labor relations, regardless of the specifics of labor duties; 141.1.4. the judge imposes a fine of 5,000 to 25,000 tugriks on officials from 50,000 to 100,000 tugriks of economic units and organizations that refuse to hire disabled people and dwarfs for reasons where their physical condition does not prevent them from employment and the working conditions do not contradict; 141.1.5. the state labor inspector or judge imposes a fine of 50,000 to 100,000 tugriks on business units and organizations that have not paid the payment specified in article 111.2. this law; 141.1.6. the state labor inspector or judge imposes a fine of 15,000 to 30,000 tugriks on the official who employed the labor of women and minors in jobs where it is prohibited to use their labor, who forced them to lift and carry a load in excess of the permissible size, who hired a minor to work with abnormal people working conditions and jobs that are contrary to their mental development and health, or allowing them to work on weekends, nights and overtime, allowing an employee to work overtime in violation of the provisions specified in Article 74 of this law; 141.1.7. the state labor inspector or judge imposes a fine of 150,000 to 250,000 tugriks on business units and organizations that do not comply with the rules of safety and hygiene and from 50,000 to 100,000 tugriks on business units and organizations jointly owning an industrial building and structure that does not comply with the requirements specified in the article 85 of this law; 141.1.8. the judge imposes a fine of 10,000 to 50,000 tugriks on an official who evaded concluding a collective agreement, agreements and amendments to them, did not start them on time and unreasonably refused to resolve a collective dispute by a mediator and labor arbitration; 141.1.9. the judge imposes a fine of 10,000 to 50,000 tugriks on an official who attracted workers from outside to the workplaces of workers participating in the resolution of a collective labor dispute, imposed disciplinary sanctions, transferred to another job and dismissed from work representatives of workers participating in the resolution of a collective labor dispute in spite of prohibited provisions of this law; 141.1.10. the judge imposes a fine of 5,000 to 20,000 tugriks on a citizen and official, economic units, organizations from 5,000 to 15,000 tugriks participating from the outside in concluding a collective agreement and agreements, organizing a strike, temporarily closing workplaces, exchanging opinions of the parties on controversial issues and free choice their; 141. 1.11. the state inspector and judge imposes a fine of 5,000 to 20,000 tugriks on officials and from 50,000 to 100,000 tugriks on economic units and organizations that engaged the employee to work when the employment contract was not concluded in writing; 141.1.12. the judge imposes a fine of 5,000 to 25,000 tugriks on officials who terminate, at the employer’s initiative, an employment contract with an employee whose work and position are retained, except in cases of liquidation of the business unit and organization; 141.1.13. the judge imposes a fine of 5,000 to 15,000 tugriks on an official who fails to pay on time and delays the employee’s wages, as well as who fails to pay compensation for downtime through no fault of the employee, or who pays a lower amount; 141.1.14. the judge imposes a fine of 40,000 to 50,000 tugriks on citizens and officials and from 100,000 to 200,000 tugriks on economic units and organizations organizing a strike in prohibited organizations in violation of the provisions specified in article 122.1. of this law. 141.1.15. the state inspector imposes a fine of 40,000-6,000 tugriks on an official who did not approve and comply with the internal labor regulations, list of works, officials, characteristics of the workplace, and position directory, labor standards, standards, basic salary system, 141.1. 16. the state inspector imposes a fine of 100,000-250,000 tugriks on economic units, organizations, 30,000-60,000 tugriks on officials who have not received a license, labor and medical certificate during the construction of buildings for production and service, when installing machines, mechanisms, equipment, and when updating, expanding, or using them, was not subject to control by a professional supervisory body, 141.1.7. a fine of 25,000-50,000 tugriks is imposed on members of the medical and labor determination commission, and the relevant official who incorrectly established the amount of disability, the cause of disability and loss of ability to work. 141.1.18. the state inspector imposes a fine of 100,000-250,000 tugriks on economic units, organizations, 30,000-60,000 tugriks on an official who did not approve the order to hire a citizen from the date of concluding an employment contract with him, who, through his own fault, did not open social and medical books, without confirming them with relevant records. 141.2. In case of damage to the employee’s health as a result of the actions specified in Article 141. 1.6 of this law, damages are compensated in accordance with the provisions on damages of the Civil Law; 141.3. If non-payment and delay of the employee’s wages is proven, the court imposes a penalty on the guilty person in the amount of 0.3 percent for each overdue day and issues it to the employee. Article 142. Entry into force of the law 142.1. This law comes into force on July 1, 1999. CHAIRMAN OF THE STATE GREAT KHURAL R.GONCHIGDORZH 31

Resolution of collective labor disputes under the laws of Mongolia and the Russian Federation (comparative study) Zalmaa Sukhbaatar. Mongolia suffers from the highest unemployment in Asia Laws of Mongolia in Russian

LAW OF MONGOLIA

ON THE LEGAL STATUS OF FOREIGN CITIZENS /Updated edition/

ON THE LEGAL STATUS OF FOREIGN CITIZENS
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