Category Archives: Visa & Immigration

Hiring Foreign Nationals to Work in Mongolia

In this blog, we will be introducing the concept of inviting foreign workers to work in Mongolia.

According to the revision of the Law on Labor Force Migration, when inviting a foreign worker for employment, the employer shall be delivering information about the vacancy and the requirements for the workplace to the aimag (provincial) and district employment agencies and applying for hiring employees. According to the law, aimag and district employment agencies shall immediately place the job information submitted by employer in the unified employment registry and database and make it accessible to the public. It is prohibited for the employer to set overly demanding benchmarks for the qualifications and professional skills required to perform the work when hiring an employee from a foreign country, or to unreasonably refuse to employ a Mongolian citizen who meets the workplace requirements.

An organization inviting a foreign citizen operating in Mongolia has the right to request an invitation to hire a foreign employee if it has not been able to find an employee from within 14 working days after the job announcement has been placed in the employment registry and database and starting an active search for an employee. (However, this does not apply to foreign nationals working in managerial positions, the employees and volunteers of the branches and representative offices of international and foreign non-governmental organizations, the specialists working in scientific, education, health, cultural and sports organizations under agreements between government and state organizations, the experts specialized in sectors determined by the Government of Mongolia, the medical specialists providing health care services, the highly qualified foreign engineers and equivalent employees working in Mongolia only for the period specified in the investment and development agreements).

The employer shall submit a request to hire an employee from a foreign country along with the following documents to the state administrative body in charge of employment:

1. A work plan defining the classifications, types, lists, locations and durations of workplaces requiring employing foreign employees;

2. The state registration certificate and the permit if it is related to a work or service requiring a license;

3. A document proving the professional skills and qualification of the foreign employee must be certified by a competent authority recognized by the concerned country;

4. A proof evidencing that the employer has the right to request an invitation to employ a foreign employee if the employer fails to hire a domestic employee within 14 working days after placing a job advertisement in the employment register and database and actively looking for an employee;

5. The receipt of service fee payment;

6. The reference on the payment of social insurance premium;

7. Others specified in the relevant legislation.

The term of an employment permits shall be up to one year depending on the term of the labor contract and it can be extended.

The employer who has obtained the permit from the state administrative body in charge of employment shall select a foreign employee and conclude an employment agreement with them and present it to the state administrative body in charge of employment matters along with other relevant documents.

After arriving in Mongolia, foreign workers must undergo a medical examination.

After obtaining a work permit, a foreigner must obtain a residence permit from the Immigration agency of Mongolia.

Employment of Foreign Nationals in Mongolia

In this article, let’s provide a general understanding of issues related to employment in Mongolia.

According to the Law on Labor force migration, it aims to regulate the relations regarding the employment of foreign citizens and stateless persons in Mongolia, and the protection of their rights and legitimate interests.

Relations concerning visas and residence permits issued to foreign citizens holding employment permits shall be regulated by the Law on the Legal Status of Foreign Citizens.

The workplaces of foreign employees working in Mongolia shall be classified into the management, executive and supporting types.

The management positions shall include:

  • General Directors, the CEOs, the foreign investors, and the representatives of foreign investors of companies with foreign investment.
  • Chairmans or the members of the Board of Directors or the executive directors of business entities or other organizations.
  • Managers of the branches and representative offices of international and foreign non-governmental organizations.

The executive positions shall include:

  • Employees and volunteers of the branches and representative offices of international and foreign non-governmental organizations.
  • Specialists working in scientific, education, health, cultural and sports organizations under agreements between governments and state organizations.
  • Experts specialized in sectors determined by the Government of Mongolia (The list of specialized workplaces in the fields of economic activity shall be approved by the Government by the 1st day of October biannually)
  • Medical specialists providing healthcare services.
  • Highly qualified foreign engineers and equivalent employees working in Mongolia only for the period specified in the investment and development agreements.
  • Employees of scientific and research organizations and the teachers working at all levels of educational institutions having bachelor or higher degree.
  • Professional teachers, coaches and specialists working in cultural and sports organizations.
  • The supporting positions shall include:
  • Employees having a certificate, a diploma or a professional certificate issued by the competent authority of the concerned country, or recognized in Mongolia, proving that he / she has acquired specialized technical and vocational education.
  • Temporary employee working in Mongolia for a period of up to six months.

The number and percentage of foreign workers to be employed in Mongolia by the sector of economic activity shall be approved by the Government by the 1st day of October annually. Proposals forwarded by the state central administrative body in charge of national development

policy and planning and the National Employment Council, as well as the supply and demand status of the labor market shall be taken into account when determining the number and percentage.

In the next blog, I will write about inviting foreign workers for employment.