Mongolia - Maternity protection - 2011

13 November 2011

LOW

Official website of the Government of Mongolia
In Russian.

Labour Law, of 14 May 1999, Official Gazette, 1999, No. 25(104), pp. 339-366 as amended up to Law amending Labour Law, 2002, Turiin Medeelel, 2002, No. 1 (238), p. 8

Act respecting pensions and benefits payable from the Social Insurance Fund, Act No. (to be confirmed), 1994 (Turiin Medeelel, 1994, (No. to be confirmed), as amended up to 2002 (Turiin Medeelel, No. 44(281), 1999, p. 1328).

Order of the Minister for Health and Social Welfare establishing the lists of the jobs prohibited to women and minors (No. A/204 of 1999), Official Gazette, Turiin Medeelel, 1999, No. 57 (136), pp. 1000-1004.

Law of Mongolia on Social Insurance 14 may 1994.

Papers on maternity and breastfeeding.

The Labour Code applies to:
labour relations between a citizen of Mongolia and a domestic or foreign business entity or organization operating within the territory of Mongolia
labour relations between a citizen of Mongolia, a foreign citizen or a stateless person,
labour relation between a domestic business entity or organization and a foreign citizen or stateless person,
unless otherwise provided in international treaties to which Mongolia is a party, labour relations between a foreign business entity, organization, citizen, and stateless person that operate in the territory of Mongolia.

There are not enlisted qualifying conditions.

There is not compulsory leave.

Women are entitled to 120 days of prenatal and postnatal leave.

There is not provided any extension neither for illness or complications due to pregnancy and confinement nor for multiple births.

There is not provided any leave for illness during pregnancy or complications derived from confinement.

Child care leave
At the request of an employee-mother who has used her maternity leave and regular vacation, a mother or father with a child under three years of age, an employer shall grant her or him a child care leave. A father with a child under three years of age may also take child care leave, if he so wishes. /As amended by the Law of 10 July 2003/
On the expiration of the period of child care leave, or prior to such expiration if requested by the employee, the employer shall be obliged to employ the mother or father in her or his previous work or position and, if her work or position has been eliminated or the number of staff has been reduced, the employer shall provide her or him with another job or position. /As amended by the Law of 22 May 2003/
This provision shall equally apply to fathers and mothers who have adopted a child under three years of age. /As amended by the Law of 22 May 2003/.

It was not possible to have access to the full text of this Law of May the 22nd of 2003 in order to know the extent of this child care leave and further conditions and whether if it is paid or unpaid.

There are not enlisted qualifying conditions in the Labour Code and it was impossible to have access to the Law of May 22 of 2003 and the Law of 10 July of 2003.

Not expressly mentioned.

Not provided.

Women and single fathers adopting a newborn child be granted the same leave as a mother who gives birth to a child, until the child reaches the age of 60 days.

There are not established qualifying conditions.

60 days

Not provided.

An insured female employee or a civil servant who gives birth prematurely after at least 196 days of pregnancy, or who has a miscarriage or an abortion, or who gives birth before 196 days of pregnancy to a child who survives, is entitled to maternity benefits.

Eligibility:
Mothers, who have paid contributions of benefits insurance for not less than 12 months, of which six continuously prior to the maternity leave shall be eligible for a maternity benefit.
Mothers, who satisfy the requirement for contributions specified in section 1 of this article, who give birth prematurely before the expiry of 196 days of pregnancy and who have an abortion or interruption of pregnancy through medical intervention, also who give birth to a baby able to survive, although it was born prior the expiry of 196 days shall be eligible for a maternity benefit.
Working mothers, who give birth while they were on a child care leave as stipulated in legislation shall be entitled to a maternity benefit. This is applicable to two births of a mother remaining on leave.

Maternity benefits are calculated at a rate of 70 per cent of the average salary over the preceding 12 months, or comparable income. These benefits shall be paid from the social insurance fund for four months. Maternity benefits are calculated on the basis of working days.

70 per cent of the average salary over the preceding 12 months, or comparable income.

Social Insurance fund.
Social insurance fund sources of income are:
premium paid by insurees, employers, bank interest on deposit of the uncommitted balance, penalties imposed for delay in paying social insurance premiums, contributions from the state central budget, other sources.

The Labour Code when regulating Child care leave does not mention whether if is paid or unpaid.
It was impossible to have access to the Law of 10 July of 2003 and the Law of 22 May 2003 that have amended this right in order to established further elements or conditions applicable to this right.
The Law on pensions and benefits provided by the Fund of Social Insurance June 7 of 1994 only enlists as benefits to be provided to the Insured by the Fund of Benefits Insurance: sickness benefit, maternity benefit and funeral grant. Furthermore, this norm stipulates that the period of childcare leave shall be included in the estimation of a total contribution period if the employer pays contributions to the Fund.

Not provided.

The Labour Code establishes that a mother who has adopted a newborn child shall be granted the same leave as mother who gives birth to a child, until the child reaches 60 days of age. The Labour Code talks about maternity leave and not paid maternity leave.

Maternity benefits are regulated by the Law on pensions and benefits provided by the fund of social insurance as we know it(law 7 June of 1994 amended according to the Laws of 22 January 1996, 16 January 1997 and 21 January 1999) and it does not mentions cash benefit for adoption.

Persons employed on a contractual basis by business entities, organizations or individuals, and government servants are subject to compulsory insurance, unless otherwise provided by law. Self-employed may be affiliated voluntarily to the social insurance.

The Social Insurance includes health insurance, the norm on Social insurance does not enlist medical expenses covered or excluded.

Social insurance fund sources of income are:
premium paid by insurees, employers, bank interest on deposit of the uncommitted balance, penalties imposed for delay in paying social insurance premiums, contributions from the state central budget, other sources.

Women employees are entitled to two hours additional break a day for child care or feeding if the child is below six months of age or twins below one year of age. One hour if the child is six and twelve months of age, or if the child over one year but in need of special care as determined of relevant medical authorities. This provision shall apply equally to single fathers with a child.

Breaks for breastfeeding and child care shall be treated as working hours.

A nursing mother shall be transferred to another job that is not detrimental to their health if relevant medical authorities determine such action appropriate.

Not provided.

Pregnant women, women with children under 8 years of age, and single fathers with children under 16 years of age may only work on night shifts with their consent.

Pregnant women, women with children under 8 years of age, and single fathers with children under 16 years of age may only work overtime or go on business trips with their consent.

It is not prohibited for pregnant workers.

Not provided.

Not provided.

Pregnant women or nursing mothers are entitled to work reduced hours on the basis of a medical certificate.

A list of occupations prohibited to performed by women is provided by Order of the Minister for Health and Social Welfare establishing the lists of the jobs prohibited to women and minors.

General provisions applicable for the benefit of all workers and not exclusively of female workers.
An employer shall retain a relevant authority to evaluate workplace conditions.
The organization of workplace shall meet the requirements of the relevant production technology and meet applicable safety and sanitary requirements.
An employer shall arrange for employees to undergo advanced and regular health examinations required for and related to the manufacturing, works and services in accordance with regulations approved by relevant authorities.

General provisions in favor of all workers.
An employer shall provide an employee within the workplace with favorable labour conditions and ensure that chemical, physical and biological factors arising in the course of the work processes do not have an adverse impact on the labour hygiene of the workplace and environment.

A pregnant woman or a breastfeeding mother shall be transferred to another job that is not detrimental to their health if relevant medical authorities determine such action appropriate.

The Labour Code does not provide for paid or unpaid leave to a pregnant woman whose illness make her unable to work.

Not provided.

NATLEX Database MNG-1999-R-57614
Unofficial translation prepared by the International Labour Office. This translation is intended for
information purposes only and does not substitute consultation of the authoritative text.


Order of the Minister for Health and Social Welfare establishing the lists of the jobs
prohibited to women and minors (No. A/204 of 1999)
Official Gazette, Turiin Medeelel, 1999, No.57 (136), pp.1000-1004.
Ulaanbaatar city
Establishing new lists
Pursuant to article 101 and paragraph 5 of article 109 of the Labor Law of Mongolia, herewith the
order is made:
1. To adopt The list of jobs prohibited to women as enclosed in Appendix 1 and The list of jobs prohibited to minors as enclosed in Appendix 2.
2. To ensure that economic entities and organizations shall follow these lists.
Acting Minister S.Sonin
Appendix 1 to order No.A/204 of 1999,
Minister for Health and Welfare
LIST OF JOBS PROHIBITED TO WOMEN
One. Mining industry
All underground jobs, extraction and refining oil and exploitation of natural gas
Two. Leather industry
All jobs involving tanning, in particular, the preparation of chemicals such as sodium and chrome,
portering and stocking the tanned skins
Three. Glass industry
1. Glass-blowing
2. Manual crushing of carbide
Four. Textile industry
1. Preparation of the aniline salts and the fusing agents (flux) manually
2 Preparation of the hydrochloride manually
Five. Printing industry
1. Operator of printing machines
2. Offset printing, impressing and inking
3. Stereotype matrix preparation
4. Zinc melting
5. Casting of letter forms
6. Operator of one-way cutting machines
Six. Clothing industry
1. Operator of machines for performing fine and partial cuts in the cutting conveyor belt
2. Operator of special press-irons
Seven. Meat processing industry
1. Stunning of cattle, pigs, and fowl, and blood excretion
3. Slaughter of animals
3. Jobs in warehouses with ammoniac refrigerators
Eight. Transport industry
a. Railway transportation:
1. Coupling and shunting of railway cars
2. Reparation of the wheel gaskets, liners and axle
3. Bridge fitter
4. Preparation, loading and unloading of the wooden sleepers
5. Cleaning and blasting of chimneys and smoke boxes
6. Wheel shoe repairs
7. Service and inspection work under railway cars
8. Reparation of diesel engines of locomotives, auxiliary units, fuel supply pumps and
generators
9. Building of ballasts by machine
10. Operator of the heavy machinery for railway repair work
b. Water transportation
1. Mechanic of ship diesel engines
2 Navigator and sailor
4. Plunger and diver
5. Ship mechanic
6. Buoy work
c. Road transportation
1. Driver of automobiles with more than 25 seats or with the carrying capacity of more than 2.5
tons
2. Repairs and welding in storehouses for the inflammable and lubricating materials, reservoirs
and tanks
d. Air transport
1. Aircraft mechanic
2. Aircraft communications engineer
3. Technical service of the aircraft and its engine
Nine. Construction industry
1. Construction of pipes
2. Boring wells
3. Preparation and demolition (crushing) of construction slabs manually
4. Crushing stones manually
5. Autoclave operator
Ten. Social services
1. Cleaning of sewage filters
2. Plumber of the sewage sanitary equipment
Eleven. Timber industry
1. All stages of logging and floating of logs
2. Loading and unloading of logs manually
3. Cutting and storage of logs in warehouses
4. Preparation of the chlorine for the pulp and paper industry
5. Milling logs
Twelve. Other common jobs and professions
1. Antenna and tower work
2. Preparation of the bitumen and asphalt
3. Mountain rescue work
4. Fireman-parachutist
5. Deferent jobs involving the exposure to mercury
6. Preparation of the paint with mercury and painting
7. Operator of all kinds of boilers
8. Repairs, cleaning, painting and welting of the tanks and reservoirs containing inflammable
and lubricating materials
9. Mixing ethyl with petrol
10. Cleaning of boilers, chimneys, pipes and air-conditioners
11. Portering of coal, ash and slag
12. Boiler-charging, repair and cleaning of boilers, portering of fuel and ash
13. Smelting, rolling, poring and packaging cast iron and metals
14. Smelting, rolling and casting lead, production of accumulators, soldering, leading of cables,
manual production of lead products
15. Extraction of non-ferrous metals such as lead, copper, mercury, gold, zinc, and silver
16. Welding pipe lines
17. Jobs involving the use of hammers
18. Operator of the stamping press with the capacity of more than 25 tons
19. Milling-machine operator
20. Operator of pulverizing machines
21. Vulcanization of automobile tyres
22. Fitter of boilers
23. Repairing and welding of high pressure pipe lines
24. Casting of ball-bearing
25. Casting of electric filters
26. Operator and fitter of the diesel electric power station
27. Operator of compressors
28. Polishing and plating metals by chemicals

Women are prohibited from lifting and carrying weights heavier than those approved by government regulations.

Discrimination, setting of limitations or privileges in labour relations based on nationality, race, sex, social origin or status, wealth, religion, or ideology shall be prohibited.

Unless related to the work or duty to be performed, when recruiting an employee, no questions pertaining to the private life, ideology, marital status, political party membership, religious beliefs, or pregnancy of the employee are allowed.

Dismissal is prohibited for pregnant women and women with children below 3 years of age on grounds other than liquidation of the enterprise or organization. This provision applies equally to single fathers with children under 3 years of age.

In case a question was put in breach of 7.4 of this code, the employees shall not be obliged to reply.
7.4 please see provision on prohibition of pregnancy test.

After expiration of family care leave, the employee is entitled to resume to previous work or position and if her work or position has been eliminated due to business reasons, the employer shall assign her to another job or position.