A Summary Note: A Review of the Implementation of the Labour Law of Mongolia

This summary note describes a review of how the Labour Law (1999) is implemented in Mongolia. This review was conducted in collaboration with the National University of Mongolia’s Law Department.

This summary note relates to a study into how labour-related grievances are dealt with in practice in Mongolia. The study involved archival research of 281 court judgments of the first instance court, appellate court and Supreme Court in labour cases from 2010 to 2015, and 115 labour-related complaints submitted to the National Human Rights Commission of Mongolia (NHRCM) from 2011 to 2015.

The study examined the nature of these court cases and complaints, and their outcomes. Most court cases related to wrongful termination and transfer. None related to discrimination, despite some complaints of harassment being made to the NHRCM. This might suggest the standard of proof required of employees is set at too high a threshold and should be reduced in discrimination cases. Most court judgments were decided against employers, suggesting some misuse and/or misunderstanding of provisions of the Labour Law.

The study highlighted deficiencies in the current labour justice system in terms of legislation and procedure, proposing amendments to the Labour Law and providing various other recommendations.