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Mongolia

Working Hours and Overtime Regulations

Understand the laws governing work hours and overtime in Mongolia

Standard working hours

In Mongolia, the labor law stipulates a standard workweek with restrictions on daily and weekly working hours. The standard workweek in Mongolia is 40 hours, which equates to a maximum of 8 hours per day.

There are exceptions for averaging working hours over an unspecified period for specific circumstances. This is applicable in situations where the nature of the work or the production process makes adhering to a strict daily schedule impractical. However, even under this exception, the average working hours cannot exceed 8 hours per day.

The Mongolian Labor Law also establishes a maximum of 56 working hours per week. This includes both regular working hours.

Overtime

In Mongolia, the labor law provides clear regulations for overtime work, which includes limitations on daily hours and compensation requirements.

Overtime work is defined as any work performed by an employee beyond their standard working hours, as defined by their employment contract or collective agreement. This includes work exceeding the daily limit or exceeding the weekly limit.

Employers can request overtime work in specific situations such as completing urgent tasks that cannot be postponed, dealing with unforeseen circumstances that threaten production or a service, and training new employees.

The maximum daily overtime allowed is 4 hours. Employees are entitled to compensation for overtime work. The compensation rate depends on the day and time the overtime is worked. On weekdays and weekends, overtime is compensated at a rate of at least 1.5 times the employee's average salary. On public holidays, overtime is compensated at a rate of at least double the employee's average salary.

As an alternative to financial compensation, employers can offer employees time off in lieu for overtime work completed. However, this option requires the employee's consent.

Rest periods and breaks

Mongolian labor law guarantees rest periods and breaks for workers to ensure their health, well-being, and productivity. Here's an overview of these entitlements:

Daily Rest Breaks

Employees are entitled to a lunch break of at least one hour during their workday. The specific timing of the lunch break is determined by the employer's internal labor regulations, but it must ensure a minimum of one hour for rest and meal consumption.

Exceptions for Breaks

In some circumstances, the nature of the work might not allow for a dedicated lunch break. If this applies, the employer must still provide the employee with an opportunity to have a meal at the workplace, and this time is considered working time.

Weekly Rest Days

All workers are entitled to two consecutive days of rest per week. Traditionally, these rest days fall on Saturday and Sunday, but exceptions might exist based on specific industries or agreements.

Additional Breaks for Nursing Mothers

Mothers with young children receive additional breaks for breastfeeding and childcare on top of regular breaks. The duration of these additional breaks varies depending on the child's age:

  • Two hours for mothers with children under six months old or twins under one year old.
  • One hour for mothers with children between six months and one year old.
  • One hour for mothers with children over one year old who require special care as determined by medical professionals.

Night shift and weekend regulations

In Mongolia, labor law recognizes the potential strain of night and weekend work, implementing specific regulations to ensure the well-being of workers.

Night shift work is typically defined as work performed between 10 pm and 6 am. The Mongolian Labor Law encourages employers to minimize the need for night work whenever possible. However, when night work is unavoidable, employers must adhere to specific worker protections mandated by law. These include reduced work hours, where night shifts cannot exceed 7 hours per night, and regular health checks for night shift workers.

Night shift work is compensated at a higher rate than regular work. The minimum legal requirement is a wage increase of at least 30% for hours worked during the night shift period.

Mongolian law guarantees all workers two consecutive days of rest per week, which typically falls on weekends (Saturday and Sunday). However, there are exceptions where weekend work might be necessary. In such instances, employers must follow the regulations, including limitations on daily hours and increased compensation requirements.

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