ISSUANCE OF A PERMIT FOR EMPLOYING FOREIGN EMPLOYEES IN MONGOLIA

The state administrative body in charge of employment shall issue a permit to the employer to invite a foreign employee for a period of three months and The employer who has obtained the permit shall select a foreign employee and conclude an employment agreement with him/her and present it to the state administrative body in charge of employment matters along with other relevant documents. The state administrative body in charge of employment shall issue a work permit to a foreign employee based on the information.

The employment permit shall contain the information such as the full name and citizenship of the foreign employee selected by the employer, name of the employing legal entity, the location of workplace and the term of the permit. The term of an employment permit shall be up to one year depending on the term of the labor contract. The members of the Government in charge of health and labor matters shall jointly approve the procedure for medical examination of foreign employees after their arrival in Mongolia. The term of a foreign employee's work permit may be extended based on the employer's request, the work performance, the labor contract, the workplace classification, the grounds for further extension of employment and the fulfillment of legal obligation.

The total term of the work permit for foreign employees, except for management and execution to work continuously in Mongolia shall not exceed five years.

The payment for the workplace of a foreign employee shall be equal to an amount doubling the minimum monthly salary.

The General Directors, the CEOs, the foreign investors and the representatives of foreign investors of companies with foreign investment; The managers of the branches and representative offices of international and foreign non-governmental organizations. .the employees and volunteers of the branches and representative offices of international and foreign non-governmental organizations; in the event of arising a disaster risk, when it is impossible to provide the personnel required for the elimination of disaster damages, foreign employees can be hired by the decision of the Government at the proposal of the Government member in charge of emergency issues regardless of the number and percentage limitations number and percentage of foreign workers to be employed in Mongolia until the disaster damages are eliminated from the foreign country that employer hiring foreign employees, medical doctors, scientific researchers, professional teachers and coaches working in educational, scientific, health, cultural and sports organizations shall be exempted from the payment for the workplace.

The Government may grant a discount or an exemption from the payment for the workplace in case of hiring foreign employees for the implementation of projects and programs and for the construction of strategically important infrastructure and production facilities funded by foreign soft loans and grants received through the channels of the Government. In addition, fees for foreign employees of state-owned legal entities, other than enterprises with self-financing enterprises, may be reducted or exempted by the Government's decision.

Therefore, if it is reflected in the long-term and mid-term development policy and planning documents of Mongolia, the fees for foreign employees of economic enterprises and organizations operating in fields other than the mineral and petroleum oil sector may be reducted.

The employer shall pre-pay the fee for the workplace based on the number and duration of employment of foreign workers.

 

Source: From Law on Labor Force Migration /Revised version/