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.