Quota for foreign employees for 2023

Mongolia • No. 09/2022 • November 2022

The Government of Mongolia (the “Cabinet”) enacts the foreign employee quota for entities operating in Mongolia annually. The Cabinet updated the quota for 2023 by issuing the Resolution #359 dated 5th of October 2022 (the “Resolution #359”).

The quota is set for each economic sector and takes effect from the 1st of January 2023 pursuant to the Resolution #359. The quota for 2023 ranges from 2-8000 foreign employees totaling 20351 foreign employees to work in Mongolia in 2023 including 8000 for mining, 3644 for construction, 2 for communication and 3 for real state sectors respectively. 

What has changed?

Under Article 22.1 of the Labour Migration Law (the “LML”) which has been effective from the 1st of July 2022, the number of foreign employees to work in Mongolia in 2023 for different economic sectors shall be determined by the Cabinet within the 1st of October every year. Subsequently, the quota for foreign employees to work in Mongolia in 2023 is different from the quota for 2022 by being solely based on the economic sectors rather than being dependent upon both the economic sectors and the number of Mongolian employees. 

What are the implications?