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Mongolia - Avenues for redress (penalties, remedies) and litigation procedure for individual complaints


Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Mongolia - 2017    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
No statutory compensation following unlawful dismissal: reinstatement is the only remedy provided in the LC.
Any reinstated employee will be entitled to back pay

Remarks:
  • Art. 69 LC on back pay.

Reinstatement available: Yes

Remarks:
  • Art. 36.1.2 LC.

Preliminary mandatory conciliation: No

Remarks:
  • No statutory preliminary mandatory conciliation for individual labour disputes.
    (However, collective labour disputes shall be first submitted to "intermediaries" for conciliation: see art. 117 LC).

Competent court(s) / tribunal(s): ordinary courts

Remarks:
  • Individual labour disputes are either settled by the Labour Dispute Settlement Commission or by ordinary courts. According to art. 128.1.2 LC, ordinary courts have exclusive jurisdiction over wrongful dismissal complaints (art. 128 LC). Any such dispute shall be referred to the court within 1 month from the receipt of the employer's dismissal decision.

Existing arbitration: No

Remarks:
  • Arbitration is only available for the settlement of collective labour disputes (see: art. 118 LC and The Labour Administration Rules of 2001)