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In the Labor Law of 1999, there were three types of disciplinary sanctions: warning, reduction of the employee’s base salary up to 20 percent for a period of up to 3 months and dismissal, and in the revised edition of Labor Law of 2022, there are 5 types of disciplinary sanctions. This includes:
|
Closed warning the employee individually |
Open warning as announcement to all employees |
Reduction of the employee's base salary by up to 20 percent for a period of up to 3 months |
Demotion |
Termination of employment relations at an employer's initiative |
Prominent among these arrangements are open and closed warning provisions. A closed warning is an individual warning assigned only to the employee who has committed a disciplinary violation, and an open warning under disciplinary action refers to a public warning to the employee who committed labor disciplinary violation. The peculiarity of this scheme is that the five types of disciplinary sanctions by the employer must correspond to the nature and consequences of the employee’s guilt and violations, and sequential imposition of sanctions is not required.
Time limit for imposition of a disciplinary sanction:
Labor disciplinary sanction shall only be imposed within 6 months from the date of disciplinary violation or from the last day if the violation continues, and within 1 month from the employer's discovery thereof, and this period shall be suspended for the period where the employee has medical verifications, is on annual leave or personal leave, or the disciplinary violation is investigated by legal, audit or other competent organizations. Labor disciplinary actions to the employee who will be subject to full property liability shall only be imposed within one year from the date of disciplinary violation occurrence or from the last day if the violation continues.
According to the recommendations of the Supreme Court of Mongolia da