Mongolia - CLR

Mongolia

2022 Score

82.5

2020 Score

76.5

Rating

Approaching Access to Decent Work

Fair
Wages

60

Decent
Working Hours

100

Employment
Security

60

Family
Responsibilities

100

Maternity
at Work

100

Safe
Work

100

Social
Security

80

Fair
Treatment

100

Child &
Forced Labour

75

Trade
Union

50

Fair Wages - 60

Question	Answer	Score	Legal Basis	Trend
Does the legislation or collective negotiation set and determine the minimum wages in the country?	Yes	1	§2-7 of the Minimum Wage Law 2011; §107 of the Mongolian Labour Code, 2021
Does the law require regular and timely payment of wages?	Yes	1	§104 of the Mongolian Labour Code, 2021
Does the law require overtime compensation to be at least 125% of the regular hourly rate?	No	0	§109 of the Mongolian Labour Code, 2021
Does the law require any additional compensation for working on a weekly rest day?	No	0	§109 of the Mongolian Labour Code, 2021
Does the law require additional compensation for night work?	Yes	1	§109 of the Mongolian Labour Code, 2021

Decent Working Hours - 100

Question	Answer	Score	Legal Basis	Trend
Does the law stipulate general weekly working hours as 48 hours or lower?	Yes	1	§84 of the Mongolian Labour Code, 2021
Does the law restrict maximum working hours, including overtime, to 56 hours per week?	Yes	1	§84.4 of the Mongolian Labour Code, 2021
Does the law require a paid weekly rest of at least 24 consecutive hours?	Yes	1	§96 of the Mongolian Labour Code, 2021
Does the law require paid public holidays?	Yes	1	§97 of the Mongolian Labour Code, 2021
Does the law require at least three working weeks of paid annual leave?	Yes	1	§99(3) of the Mongolian Labour Code, 2021

Employment Security - 60

Question	Answer	Score	Legal Basis	Trend
Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment?	Yes	1	§48 of the Mongolian Labour Code, 2021
Does the law restrict the hiring of fixed-term contract workers?	Yes	1	§50.4 of the Mongolian Labour Code, 2021
Does the law limit the length of the probation period, including renewals, to three months?	No	0	§64 of the Mongolia Labour Code, 2021
Does the law require a 30-day notice period before employment contract termination?	Yes	1	§80 of the Mongolia Labour Code, 2021
Does the law require severance pay at the rate of at least two weeks of wages for every year of service?	No	0	§82 of the Mongolia Labour Code, 2021

Family Responsibilities - 100

Question	Answer	Score	Legal Basis	Trend
Does the law require a four-month parental leave for parents?	Yes	1	§139 of the Mongolia Labour Code, 2021
Does the law require at least one week of paid paternity leave for fathers*?	Yes	1	§137 of the Mongolia Labour Code, 2021
Does the law require flexible working arrangements* for workers with family responsibilities?	Yes	1	§140 of the Mongolia Labour Code, 2021
Does the law require paid nursing breaks?	Yes	1	§136 of the Mongolia Labour Code, 2021

Maternity at Work - 100

Question	Answer	Score	Legal Basis	Trend
Does the law prohibit inquiring about pregnancy during recruitment?	Yes	1	§7.4 of the Mongolia Labour Code, 2021
Does the law require maternity leave of at least 14 weeks?	Yes	1	§137 of the Mongolia Labour Code, 2021
Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage?	Yes	1	§19(2) of the Mongolian Law on Pensions and Benefits Paid from Social Insurance Fund, 1994
Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability?	Yes	1	§19(2) of the Mongolian Law on Pensions and Benefits Paid from Social Insurance Fund, 1994
Does the law protect workers from dismissals during or on account of pregnancy?	Yes	1	§135 of the Mongolia Labour Code, 2021

Safe Work - 100

Question	Answer	Score	Legal Basis	Trend
Does the law require employers to provide free personal protective equipment to workers?	Yes	1	§15 of the Law on Occupational Safety and Health, 2008
Does the law require employers to train workers on health and safety Issues?	Yes	1	§17 & 28 of the Law on Occupational Safety and Health, 2008; §42, 43.2.6 and 120 of the Mongolia Labour Code, 2021
Does the law restrict work that is prejudicial to the health of the mother or the child?	Yes	1	§58 & 98 of the Mongolia Labour Code, 2021; Order concerning Jobs prohibited to Women and Minors, 1999
Does the law provide for employment injury benefits in the event of an occupational accident or disease?	Yes	1	§3-16 of the Law on Pensions and Benefits Paid by the Social Insurance Fund, 1994

Social Security - 80

Question	Answer	Score	Legal Basis	Trend
Does the law provide for an old age benefit?	Yes	1	§3-6 & 22-28 of the State Law on Pension and Benefits Paid from Social Insurance Funds, 1994
Does the law provide for survivors' benefits?	Yes	1	§12-16 of the State Law on Pension and Benefits Paid from Social Insurance Funds, 1994
Does the law provide for unemployment benefits?	Yes	1	§2-12 of the Law on Unemployment Benefits Paid from Social Insurance Funds, 1994
Does the law require paid sick leave (and sickness benefits) for the first six months of sickness?	No	0	§17-19 of the Mongolian Law on Pensions and Benefits Paid from Social Insurance Fund, 1994
Does the law provide for invalidity benefits?	Yes	1	§07-11 of the State Law on Pension and Benefits Paid from Social Insurance Funds, 1994

Fair Treatment - 100

Question	Answer	Score	Legal Basis	Trend
Does the law require equal remuneration for men and women workers for work of equal value?	Yes	1	§11 of the Gender Equality Law, 2011; §102 of the Mongolia Labour Code, 2021
Does the law prohibit sexual harassment in employment?	Yes	1	§4, 6, 11 & 25 of the Gender Equality Law, 2011
Does the law prohibit discrimination in employment matters?	Yes	1	§6 of the Mongolia Labour Code, 2021; §4-6 & 11 of the Gender Equality Law, 2011
Does the law allow women to do the same job as men?	Yes	1	§16 & 17 of the Constitution, 1992; §5 & 11 of the Gender Equality Law, 2011
Does the law guarantee basic labour protection to the platform workers?	Yes	1	§4 of the State Law on Pension and Benefits Paid from Social Insurance Funds, 1994

Child & Forced Labour - 75

Question	Answer	Score	Legal Basis	Trend
Does the law prohibit the employment of children?	Yes	1	§5 & 142 of the Mongolian Labour Code, 2021
Does the law set employment entry age equal to or higher than the compulsory schooling age?	No	0	§46 of the Law on Education, 2002
Does the law prohibit the employment of young persons in hazardous work under the age of 18 years?	Yes	1	§88 & 142.2, Mongolian Labour Code, 2021; §2–3, Jobs and Occupations Prohibited to Minors, 2016
Does the law prohibit forced labour?	Yes	1	§8 of the Mongolian Labour Code, 2021; §16 & 21 of the Criminal Code, 2002

Trade Union - 50

Question	Answer	Score	Legal Basis	Trend
Does the law allow workers to form and join unions of their own choice?	Yes	1	§16 of the Constitution, 1992; §3 of the Mongolian Law on Trade Union Rights, 1991
Does the law allow workers to bargain collectively with employers through their representative unions?	No	0	§3.4 of the Mongolian Labour Code, 2021; CEACR C98 DR 2021
Does the law provide the right to strike?	No	0	§16 of the Constitution, 1992; §26.1 of the Mongolian Labour Code, 2021
Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers?	Yes	1	§16 of the Constitution, 1992; §26.6 & 76.2 of the Mongolian Labour Code, 2021