Legal regulations on obtaining labor and specialists from abroad – Rights of employees/labour relations – Mongolia

To print this article, all you need to do is be registered or log in to Mondaq.com.

In the first quarter of 2022, 5463 citizens of 92 foreign countries are working under labor contracts in Mongolia. The number of foreigners working under labor contracts increased by 1,030 or 23.2% compared to the same period last year. 4,752 (87.0%) of foreign nationals employed under contract are men and 711 (13.0%) are women. 36.6% of foreigners working under labor contract live in Ulaanbaatar, 5.8% in Western region, 5.3% in Khangai region, 36.7% in Central region and 15 .6% in the Eastern region.

1228530a.jpg

There are 5 steps to obtain labor and specialists from abroad. He understands:

  1. Obtain pre-approval or an invitation for a work permit;
  2. Visa application;
  3. Foreign labor entering Mongolia;
  4. Obtaining a work permit;
  5. Obtaining a residence permit.

Companies, organizations and citizens can enter into an agreement with foreign legal entities on the acquisition of foreign labor and specialists for work or professions requiring high professional skills for the purpose of scientific manufacturing technologies, educational and advanced, realization of new productions and services, assembly and repair of equipment and realization of projects.

The foreign worker and specialist employment agreement will include the following terms and conditions1:

  • organization of work and duties of foreigners;
  • a foreigner’s profession, job title, number of foreigners to be employed;
  • health requirements for foreign nationals;
  • conditions of mutual acceptance of documents confirming the level of profession and education;
  • the duration of the agreement, the conditions for terminating the agreement and its cancellation;
  • amount of salary;
  • occupational safety and health, working conditions, hours of work and rest;
  • housing and household equipment problems;
  • social insurance issues;
  • methods of settling disputes arising from the implementation of the agreement and labor disputes.

Determination of the number and percentage of foreign employees

The government issues a resolution on the number and percentage of foreign workers to be employed in Mongolia by the business sector by October 1 each year and determines the percentage.

The calculation of the ratio of foreign citizens determined by the government is based on the benchmark of the social insurance contribution paid by Mongolian employees. In order to accurately and objectively determine the number of employees, the reference should be obtained from the District Social Insurance Department. A work permit is issued by state authorities, based on the ratio of foreign citizens and professionals working in the field of economic activity and foreign citizens to the total number of employees in Mongolia determined in accordance to the reference above.

In accordance with the Mongolian Government’s Resolution No. 231 on Manpower and Specialists to be Recruited Abroad in 2022, it has been determined that companies and organizations operating in Mongolia in 2022 will not be limited in terms of percentage of labor and specialists. specialists to be recruited abroad.

In 2021, according to Government Resolution No. 123 of 2021, companies and organizations with 5 to 20 Mongolian employees could employ 1 foreign employee regardless of economic sector. As the decree is updated every year, it should be noted that there may be changes in the regulations for personnel and experts recruited from abroad in 2023.

Based on the reference of the state administrative organization in charge of investment matters, up to 3 representatives of the management team of a legal entity of a foreign investor, 1 foreign investor of a company or organization with foreign capital can work without having to obtain a work permit, regardless of the percentage and number specified in this resolution.

The duration of the work permit for a foreign citizen in Mongolia can be up to 1 year, and the period of the permit can be extended depending on the request of the employer’s organization, the results of the work performed and the service , and the reason for the new job . The duration of the work permit issued to a foreign national is counted from the date of the written request from the employers’ organization.

A citizen with a visa-free travel passport has the right to travel for 30 days, so it is necessary to obtain a work invitation before arrival.

Prior approval or invitation to work by

The company invites the foreign employee, sends the invitation letter to the applicant or employee, and approves the work permit in advance as a preliminary action. The following documents are required:

  1. Application form ;
  2. State stamp duty (25,000 MNT ~ 7.9 USD per person);
  3. A copy of the state registration certificate of the enterprise, organization;
  4. A copy of the license certificate and its attachments;
  5. If exempted from quota by government decree, a copy of the decree (if required). The foreign employee quota is set annually by the Mongolian government for domestic and foreign companies operating in Mongolia;
  6. ND-7 and ND-8 forms of the last month of social insurance verifying the number of employees who pay the social insurance premium in the organization;
  7. Reference of the ministries and organizations in the field of the employment economy;
  8. The proposal of the Department of Labor and Social Services of the respective province or district;
  9. Employment contract concluded with a foreign legal person, accompanied by its translation into Mongolian (with the stamp of an approved translation office);
  10. A copy of a foreigner’s passport;
  11. A copy of a professional identity card or diploma (with stamp from an accredited translation agency) attesting that the employee is a university graduate in the field of his employment;
  12. Other materials as needed.

Foreigners must apply for a preliminary permit one month before coming to Mongolia. The request will be resolved within ten working days of receipt.

To see the full article click here

Footnote

1. https://mlsp.gov.mn/content/detail/1054

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

POPULAR ARTICLES ON: Employment and HR in Mongolia

Management of sick or injured employees

PCC Labor Lawyers

Employers should be aware of legal protections for injured or ill employees and for employees with disabilities.

#Legal #regulations #obtaining #labor #specialists #Rights #employeeslabour #relations #Mongolia

Add Comment

%d bloggers like this: