LABOR LAW IN OUTER MONGOLIA, 14 FEBRUARY 1941

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80-00809A000700190102-6
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 18
• Document Creation Date: December 22, 2016
• Document Release Date: August 24, 2011
• Sequence Number: 102
• Publication Date: June 16, 1954
• Content Type: REPORT

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STAT
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LABOR LAW IN OVPER tdONGOLIA 14 FF~RUARY 1947
(Comment: The following report rives in full tha ls.~r law of
Mongolia, as published in the Russian-language book Konstitutsi a
i Osnovnyye Zakonodatel'nwe akty Mo ' y
Constitution and Basic Legislation ofothekMongolianoPeopleuslRei
public} published in Moscow in 1952. This book, edited by S. S.
Demidov, was originally translated from the Mongolian language.]
I. Procedure for Riring and Discharging Workers and ESnplovees
Article 1. The Y.iring of workers takes place by voluntary agreement
between the employer and the worker in accordance with the labor law.
Article 2. Any citizen may work for state or cooperative enterprises
or organizations under definite working conditions (wages, housing, working
clothes, etc.). A written labor contract is not required.
Article 3, The hir:.ng of workers by state or cooperative enterprises
for a definite period of time (either through recruitment or by individual
contract) mny be stipulated by special written agreement of both parties
(labor contract).
Article 4. Agreements (labor contracts
or destructive to the conditions of labor as describeddhere n, tare nullband~w
void.
Article 5, All workers in state, cooperative, and public enterprises
must hsve an individual workbooY., irrespective of the place and nature of the
work. This applies to all workers whose assignment is over 5 days.
Article 6. State, cooperative, and public enterprises may draw up a
labor agreement with n group of people -- an artel -_ to carry out some special
work (construction, etc.), but with payment b; ?~d on the standard administrative
rate. In such a case, the artel is responsible for the contraci:, b.,; it may
allocate the work at its own discretion.
Article 7. The administration of the enterprises and organizations may
set up all categories of workers for the period of one month on a trial basis.
At the end of this period, adjustments are to be made in accordance with the
facts of the case. Wages must be based on the categories set up.
Article 8, hitnors not less than 15-years old may work for state, cooper-.
ative, and public enterprises with the consent of their parents or guardians.
Wages are to be based on the worl; done. All labor regulations, except number
of hours a do are applicable t~ minors.
Article 9, Discharging of workers takes place:
a. By decision of the administration of the enterprise in agreement
with the labor unions, or through staff reduction due to comp~etion of eater-
prise.
b. By expiration of designated time, if no other work:is available
in the same enterprise.
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c. In case of the unfitness of the worker and the inability of the
enterprise to find suitable work for him.
d. In case of indictment and detention by court sentence.
e. In case the ti+orker Ys called into military service.
f. In case the worker goes into election work.
g. In case of loss of ability to work, prolonged illness, the status
of nn invalid. This situation requires the proper documents and medical state-
ment.
h. By expiration of the agreed time (labor contract) in the case of
temporary or seasonal work:
NOTE: In the case of article 9, Paragraph a, 2 weeks notice mist
be giver., or payment for nn additional 2 weeks must be made.
Article 10. In case there is need for leaving the work because of per-
sonal or family reasons, the workers may turn ir. a written application for
leaving, in the name of }he director of the enterprise, n month in advance.
The direr~or is to turn in a decision within days indicating "yes" or "no"
(with reasons). Zn case of refusal, the worker may send an application to
the conflict comtni.ttee whose decis_cn a final.
Article 11. In all cases of dismissal from work, the proper notations
are to be made in the trorkbook.
II. Duties and Responsibility of Persons 47orking for Pay
Article 12. The worker hired 'oy state, cooperative, and public enter-
prises is obliged:
a. To work honestly and conscientiously, fulfilling all his duties
and observing labor discipline.
b. To carry out accurate;y all the orders of his superiors.
c. To avoid all nonproductive .activity during working hours (conver-
sational distractions, etc.).
d. To protect all social property.
e. To keep one's place of wgrk sanitary as well as one's person.
f. To master the technical problems of the work assigned.
$: To strive to improve production as the basis for material and
cultural progress.
h. :T0 ai3 she economic and political growth of the country by observ-
ing one's social duties.
Article 13._ It='is forbidden to leave voluntariljr one's work before the
end of the workday-'or=to be absent voluntarily from one's work. Persons who
engage in such practices are disorganizers of production, and are subject to
the labor law of the state.
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from xork, idleness at work, unofficial use~of time during working hourseare exes
cessive violations of work discipline.
.. w:,rker who commits any of the above without good reason, is subject
to one of the following penalties, imposed by the administration: reproof or
rebuke; rebuke with notice of dismissal; reduction to a lower grade with less
pay for a period of 3 months; removal to a lower position.
The xorker, who commits three violations in the course of one month
or four violations in the course of 2 months, is subj=ct to the production
court, and at xorst, if these violations are repeated, he is subject to designa-
tion by the court as a malicious infringer of the labor law, and may be sentenced
by the court to corrective labor up to 3 months, with 10 percent of his pay with-
held for allocation to the government.
Article 15. Ln case of absence from work during n whole day xith no valid
reason, the administration of the enterprise is obliged to apply a heavy penalty;
if this violation is repeated in the course of the next 3 months, the worker is
subject to legal action similar to that outlined in .sticle 14.
NOT);: Valid reasons fo: absence from work:
a. Sickness (attested by physician) of the worker or a member
of his family.
b. Quarantine, set up by a physician.
c. Compulsory absence because of electental calamity (fire,
flood, etc.).
d. ~.ttendance in court under subpoena.
Article 16. It is forbidden to leave voluntarily one's work at all times
without the consent of the administration of the enterprise or organization.
(Decision of the Presidium of the Lesser .~.ssembly, 4 September 1943.) Violators
of this law are subject to legal decision involving corrective work from one to
6 months and retention of 10 percent to 25 percent of their pa;' during that time.
In case of deviation in the line of work, resulting in court decision for correc-
tive labor, time spent in corrective labor is not included iu estimating length
of service or other privileges.
NfYLB; The decisions on conditions of work, as outlined in
`~ y Articles 14, 15, and 16 of this law, are-h'6~,;;x~llnded to workers
?iF? ,aired by private persons (contractors, artisans, tradesmen, etc.)
~r by people's farms.
Article 17. The worker xho causea property damage to the enterprise in
the course of his work as a result of carelessness, violation of the labor law,
or disobedience to instructions damage to material:, tools, etc.) is subject
to property adjudication by the enterprise concerned and may be fined the cost
of the damage up to a month's pay.
.'Irticle 18. The worker who causes the employer property damage by way
of criminal. conduct, as described in the Criminal Code, is responsible for the
full amount of the damage or loss as determined by the decision of the court.
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,.vwe1CbC resppas1o111ty ror all property
in his charge (tools, working clothes, measuring instruments, etr_,),,, The wor::er
is responsible for the cost of their damage or lcss.
Article 20. Persons being trained at public cost in specialist schools,
technical school, etc., are obliged to .work in the field of their training 2
years for every one year of training.
Article'21. Persons, being trained at public cost, infringing Articles
17 and 20 of this law, are materially resnonsible fer their training cost to
the extent of the time not comp'.eted [in training nr work]. However, the .period
of. time may be shortened officially when sufficient cause warrants it.
Article 22. 47orkers in state and cooperative enterprise, who have worked
conscientiously fur a long period of time in the same enterprise, may be rewarded
with nn increase in their official base pay as well as with other privileges by
special decision of the Council of bfinisters.
Article 23. Workers, who become models of production by means of shock
work or through surpassing the norms, may be rewarded as follows:
a, Commendation by order of the enterprise.
b. Money reward.
Promotion to higher work or higher pay.
d. Appropriation of the ti?;,le "Shock-worker," with the issuance of a
special workbook,
e. Reception of a badge of honor with other insignia issued by the
Mongolian People's Republic.
Article 24, Enterprises under this law may set up bonus funds for the
payment of monetary or other material rewards to outstanding workers.
III. Rights and Duties of Ianagement
Article 25. The management of state, cooperative, and social enterprises
or organizations is obliged:
n. To observe accurate];,r the:~labor law and the decisions of the lead-
ing agencies of the Republic with the j ntroduction of office regulations safe-
guarding the necessary order within the enterprises and organizations.
b. To strengthen in every possible fray the Stork discipline of those
instructed in it.
c. To provide all workers in enterprises and organizations with work
and production assignments under conditions which allow them to be carried out.
.dam .To take measures to insure the. realization of the responsibilities
of sll workers, as described in Article 13 of this law.
Article 26. The management of state, cooperative ,and social enterprises
or organizations has the right:
a. To hire labor under conditions outlined in Chapter I of this law.
?~~
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b. To impose penalties on workers who violate the labor law,
c. To bring to court persons who purposely avoid work discipline,
who are disorganizers of production, or who dispense with general responsi-
bility,
d. To lower the rating and assign to work with less salary
workers in accordance with the stipulations outlined in the labor law,
e. To transfer workers to other work nunitr_t_,_._A+t,,.,~ ...a+.,..,,,.
tio:i ~i lay if the nature of production calls for it, - ~~--~~vuV l~LLyy-
f. To transfer workers to other work without change of qualifica-
tion or reduction of pay, irrespective of their personal desires, if the de-
mands of production so indicate.
g. To assign workers to wort, in different places if the situation
`.as been so decided by the Council of Aiinisters.
Article 27. Managers of enterprises and organizations who fail to take
measures with regard to shirkers, disorganizers of production, or pr sons
violating the labor law are subject to criminal action ir. accordance with
Article 96 of the Criminal Code,
IV. Internal Regulation System
Article 28. In all enterprises and organizations having not less than
five workers, labor regulations are set uF internally. In these regulations
all general and special responsibilities of the workers should be clenrly
defined, as well as the responsibilities of the administration. In all
enterprises and organizations having less than five workers, labor regulations
are set up by a higher organization.
Article 29. These internal regulations must be in accordance with labor
laws and decisions, and should be explained to the workers in detail and kept
in a conspicuous place.
Article 30. The Central Committee of the Labor Unions will publish
exemplary internal regulations .approved by tue Council of Ministers.
Article 31. The regulations for all kinds of separate enterprises are
worked out in accordance with the principle outlined in the exemplary regulci-
tions, by agreement with the administration and the local labor unions.
Article 32. To guarantee normal productive activity in enterprises
and to fY~lfill production plans, work norms are set up. Norms are set up in
agreement with management and labor unions (or their representatives).
Article 33.. In cases of nonfulfi?17ment'of work by employaes in state,
cooperative, or social enterprises through thei.- own fault, the pay is ad-
,justed according to the actual quantitative and qualitative work accomplished.
If_the aon~lfillment of the norm is not the fault of the worker, then he has
the right to receive not less than txo thirds return based on the overage of
his work.
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Article 34. I~ case of systematic nonfulfillment of work norms, the
worker may be transferred to another kind of work.
NOTE: Normal working conditions include:
a. Proper care of machinery and tools.
b. Proper assignment and delivery of material and tools which
are needed for production.
c. Proper sanitary and hygienic conditions of work along with
normal temperature, light, and ventilation.
VI. l?7orking Hours
Article 35. The length of time for normal work in all enterprises engaged
in productive or auxiliary activities 3s limited to 8 hours a day. In seasonal
work (at machine-harvesting stations, government farms, etc.) the length of time
of n dny's work may be extended in agreement with the lgbor union.
Article 36. The length of working time is limited to 7 hours a day:
a. In the case of persons from 16 to 18 years of age.
b. In the case of persons working underground in sines.
For persons in especially difficult or dangerous enterprises, a further
reduction of the length of working time is allowed. A list of such enterprises
and the amount of work time allotted by them are determined by the Labor Union
and approved by the Council of biinis;.ers.
Article 37. The length of time of night work in any enterprise is re-
duced by one hour as compared with Articles 35 and 36 of the present law con-
cerning working hours. Payment for night work shall be without any reduction
in pay for da31y work.
Article 38. Night wort; is calculated from 2200 hours to 0600 hours.
Article 39. The work of electoral, political, official, professional~or
agricultural workers is not based on the working hours discussed in Articles 35
and 36 (above); hence, the working hours are not standardized. The category of
such workers is determined by the Central Committee of the Labor Union and af-
firmed by the Council of Ministers.
Article 40. As regards other categories of workers (chauffeurs paid by
the hour or for designated work, domestic servants, etc.), whose work does not
fall into the categories of norms described in Articles 35 and 36 and where the
work is carried on at indefinite periods?of the day, the length of work time
during the day mny be lengthened, but not more than 12 hours a day.
Article 41. During the course of the t:ormal werking day, provision should
be made for periods of nourishment and relaxation for all xorkers. The inter-
ruption of work should not be less than one half hour. The period of work in-
terruption is not ,included in the designation of working time.
Article 42. The time of the beginning and end of the working day, and
also the work interruptions are determined by regulation.
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ing the normal working-time to the full extent of the work assigneded worbdur-
above the normal working time is not allowed, as a rule, except in special
cases involving national defense (transport, post and telegraph, telephone,
etc.).
Article 44. Night ,cork and overtime work are not allowed in the case
of persons who have not attained their 18th birthday.
Article 45. Pregnant women are allowed night work and oveztime only
during the first 6 months of their pregnancy.
Article 46. The holding of two ,lobs is allowed only in case of in-
ability to find a qualified worker to do the additional ,job. The categories
of position, which may be accepted as second fobs and the nature of the pay
connected with them are decided by special resolution of the Council of ldin-
iatnrr.
STAT
Article 47. The measure of remuneration to workers and employees for
their worn is set at their entrance into the work and by the conclusion of
a labor contract.
Article 48. The payment for work done in government enterprises
depends on the budget as worked out by the Ministry of Finance with the
Central Committee of the Iabor Unions and approved by the Council of TLin-
isters.
Article 49. The mea:,ure of remuneration for work is determined by
the contract, or periodically for normal working time. Overtime pay is in
addition to regular pay; for the first hour the nay is regular, for +,~e
thereaftar the pay is for time and n half.
Article 50. The pay of minors for the shortened day, according to
Article 36, is the same as that for a full day's work within the same
category of work.
Article 51. In cases of work completed by workers of various quali-
ficstions, tkie pay is based on the qualification required for the work.
Article 52. In case a worker is transferred to a lower paying ,job,
the pay is based on the usual pay for that ,job as of the day of transfer.
Article 53- The pay for work of a permanent nature is made twice a
Article 54. Persons who withhold pay from workers up to 5 days be-
yond the designated time are answerable to management, but for witlilzolding
PaY beyond 5 days, they may be brought into a-court of law.
Article g5; Remuneration is to be made in money, but in special
cases provided foi in~~the labor contract, domicile, food, and clothing
must be provided.
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Article 56. Remuneration for xork must be carried out during nonworking
hours, immediately before or after the time of actual work.
Article 57? At the dissolution of the labor contract, all remuneration
ma?ters should be settled (pay for work, pay for overtime work, compensation
for leave not taken, disch3-ge.pay, etc.).
times includinge lectoraltperiods, fulfillme teof duties asrad urorer at all
in court ea a witness, performance of dt,ties under government orders,petcence
Article j9. Zn case of idleness cawed by the fault of the worker, or
in case of absence without good cause, pay will be withheld for the entire
period covered by the idleness or absence without cause.
Article 60. In case the worker does not apply full time to his work
as the result of attention paid to a second ,job his pny for the first ,job
is reduced to cover the actual tine on the ,job.
Article 61. Payment for defective work is as follows:
a. If the defective work t,as the :cult of the worker, payment shalt.
not be made for completely defective work, but for partly defective work com-
pensation shall be made at a reduced rate.
+ b. If the detective work was the fault of the management, then the
worker receives the usual amount of his pay,
Article 62. For workers in governmental enterprises or organizations
who are called up for military service, their full pay is preserved at the
assembly point.
Article 63. For workers who are called into territorial camps, their
position is preserved, and during 4 months their pay is calculated as follows:
for rank and file, 25 percent; political officers, 35 percent, Pieceworkers
shat-7. receive pay Lased on the basic rate.
Article 64, ilorY.ers who take the usual holidays shall receive pay for
the whole period of the ho)tday in advance.
Article 65. For all calculations. connected with workers' pay, the xork-
ing month is taken as 30 days, but the working mont$'is taken as 26 flays for
the pieceworker.
Article 66. In case the fulfillment of piecework er.-tends over a long
period of time, the worker shall receive pa?~ment periodically for his work
up to the end of the work i+.self.
Article 67. Piecework done by a minor shall be compensated for in full
at the same rate as that applied to piecework done by an adult.
VIII. Vacation and Rest Periods
Article. 68. In accordance with the Basic Law (the Constitution, citizens
of the Mongolian People's Republic have the. right to resting time, thus~shorten-
ing the working day from 8 hours to 7 hours, as well as annual vacations with
pay and the creation of theaters, clubs, sanitariums, and rest homes for all
workers.
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STAT
Article 69. All people working uninterruptedly for 11 1/2 months are
entitled to 2 weeks of vacntion during the year. Workers having a right to
3 weeks or a month's vacation are determined by Council of Isbor Unions as
approved by the Couttcil of Ministers. Minors who work for pay are entitled
to nut less than a month's vacation.
Article 70. Ustal vacations may take place any time during the year,
but they- must cot interfere with the normal activities of the enterprise.
The time when vacations take place is determined by management together
with representntives of the labor union.
Article 71. Time off which is cause by illness or pregnancy is not
counted within the time allotted to usual vacations.
Article 72. Unused vacation, which has not been accounted for with
compensation, may be projected into the following year. The s~~;. of unused
vacation time may not be extended into a third year.
Article 73. All workers for pay have the right to one day off each
week, on Sundays. The length of time allotted to the day preceding a day
off is not reduced.
Article 74. On weekly holids;;s and festal holidays work is suspended
except 3n those cases where the nature of the work is outside of a time
schedule, such ns in medicine, communications, transport, trade, food,
electricity, and defense. Workers whose holidays are cut off for the above
reasons may have their holidays assigned to other days of the week.
Article 75. Aside from the usual weekly holiday, work is not per-
formed on the following days;
a. 22 January, memorial day for V. I. Lenin.
b. New Year's day.
c. 1, 2 tfay, international solidarity of workers.
d. 30 June, Constitution day of the Mongolian People's Republic.
e. 11 July, covanemorating the national indepeudeace of the
."'C.. Mongolian People's Republic.
-?r _~. .
f. 7, 8 November, Or.;ober Socialist Revolution.
Aside from the above, the following are also holidays: 12, 13, 14.
15 July, general festival of the Republic, applicable to workers in central,
state, cooperative, and social enterprises and organizations in Ulan Bator.
The general festival consists of 3 days in provincial centers, 2 days in the
sUbdistricts, and one day in the townships of the Republic. The date of the
general festivnl in provinces, subdistricts, and townships is set each year
by the Council of Ministers.
A11 women who work fir pay shall have their working hours limited to
2 hours on 8 Afarch.
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I~. Rights of Workers With R~gnrd to the Exercise of
Their Electiott Rights Illness Loss of Their
~acity to Work Business t4lrsioas to Other
Locali~ies and Transfer of Their Place of Work
Article 76. In case workers do not take their usual holidays, they have
the right to be compensated on the basis of their average salary throughout
the year.
Article 77, Upon being ralled into sc
iueni ann average earnings, to which are added:y~c' wuri.era retain their employ-
a. In service outside of Ulan Bator into the provinces and back, a
daily allowance consisting of 1.5 percent of a fixed monthly rate which is
neither less than 3 tugriks nor more than 10 tugriks a day, as well as quarters
or payment for. quarters of not less than 3 tugriks a day.
b. In service within a province (from the center to a provincial
subdivision) of not less than 2 days, a daily allowance consisting of one per-
cent of ?'ne fixed rate, but neither less than 2 tugriks nor more than 5 tug-
riks a day.
Article 78. When a worker is.moved from the center of a
from one province to another, the~wor!cer and his family are moved without per-
sonal cost or means are supplied for the transfer based on weight of not more
than 50 kilograms r=r person at the fixed rate of transport. A daily allowance
is also provided ac in the..case of military service during the time work is
suspended in order to trtiasfer the place of work. If the worker moves to
another place of wort, through his own private choice, the compensation described
in this article does not apply.
Article 79? For workers receiving monthly pay, the payment during vaca-
tions or compensation is calculated on the basis of their average monthly earn_
ings.
Article 80. In enterprises of such a nature that clothing is quickly
worn out or that special clothing is required, the employer is obliged to pro-
?ride without charge special clothing needed for the work. The type,; of work
Palling into this category are determined by the Central Committee of Labor
Unions as approved by the ministries as well as the Council of Ministers. In
case it is impossible to supply the proper clothing in such enterprises, the
employers are obliged to compensate the trorY,ers in money to the extent of the
personal cost to the worker.
Article 81.. Workers whe suffer temporar,? incapacity to work shall r?twin
their fobs in the a?terprise where they were working for a period of not more
than 2 months in case of sickness, pregnancy, or childbirth. It is forbidden
to reduce the rate of pay during a period of pregnancy.
oi' Personnel and Apurentice^hip
Article 82? The training of experienced 1?longolian personnel, both for
organs of the state government and for industrial, economic, trade, public and
cultural enterprises, establishments, and organizations, is a very important
task which is to assure a speedier economic and cultural development of the
Republic and a strengthening of its defense capacity and independence. One of
the principal methods of fulfilling this task is apprenticeship and practical
work of trainees.
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Article 83. Apprentic^n are F","r~^r `+`:a aktend aprrF?r.*ic