TERMS AN EMPLOYMENT AGREEMENT MUST CONTAIN
According to Labor Law of Mongolia, an employment agreements must have certain clauses. Additional clauses should be agreed which suit the needs of the organisation and the employee. An employer or an official authorized by him or her shall conclude an employment agreement with a citizen in writing and shall be obliged to deliver a copy thereof to the employee. Thus, it is employer’s obligation to conclude an employment agreement in writing. It shall be prohibited to conclude agreements other than employment agreement for a permanent workplace. “Permanent workplace” means job duties performed at the workplace defined by employer, according to the defined regime, with labour tools and means provided by employer, or paid under the norms, estimates and schemes approved under the direction of employer’s representative, and performed by working days and shifts.
The following 4 basic terms must be set forth in an employment agreement and unless all of these terms have been agreed upon in the course of negotiating of an employment agreement, the agreement shall not be considered as concluded:
1. Job title or position name;
2. Job duties specified in the position description;
3. Amount of basic or position salary;
4. Labour conditions.
No party can unilaterally modify the terms of an employment agreement.
An employment agreement can contain any other terms and conditions beside above mentioned terms that the employee and employer have agreed to, for example, the notice period required for resignation and termination, a trial period provision, an availability provision, whether the employee can be made to work on a public holiday, or an annual closedown.
Employers need to think carefully about the needs of the business before they draft an employment agreement. For example, if there’s a possibility that they may need to cancel an employee’s shift, then the reasonable compensation and period of notice for this needs to be in the employment agreement.
Source: Labor Law of Mongolia