LABOUR DISPUTES TO BE RESOLVED BY COURT

LABOUR DISPUTES TO BE RESOLVED BY COURT

   Individual labour disputes between an employer and an employee shall be resolved by the labour dispute settlement commission or court according to their respective jurisdictions. 
 
   The following labour relations disputes shall be decided by court: 
1. an appeal pursuant to Article 127 of this Code against a decision of the Labour Dispute Settlement Commission; 
2. a complaint by an employee concerning wrongful dismissal or wrongful transfer to another work; 
3. an employer’s claim for compensation for damage to a business entity or organization caused by an employee in the course of performance of his or her labour obligations; 
4. an employee’s claim for compensation for the damage to his or her health caused in the course of performance of his or her labour obligations; 
5. disputes pertaining to the matters specified in Article 69 of this Code; 
6. disputes related to employment agreements between citizens; 
7. employees’ complaints about wrongful imposition of disciplinary sanctions; 
8. employee’s claim that the employment agreement contains terms less favourable than those of the labour legislation and collective agreement; 
9. an employee’s claim that other orders and decisions that govern internal labour rules and labour relations established by employer by adjusting to own special conditions are not in conformity with the legislation; 
10. labour disputes between the persons who join their property and labour, unless otherwise provided in law or contract; 
11. other disputes that fall within the jurisdiction of court as provided in the legislation. 
 
 
Source: Law on Labor of Mongolia