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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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HI, I have a favour to ask you. Currently I am employed in

Customer Question

HI, I have a favour to ask you. Currently I am employed in the UK by a multinational bank.
I am changing my job to another multinational bank, but the location of work would be in Mongolia. My work place would be in Mongolia. I would like to avoid the employment contract governed by the local law, where jurisdictions are not stable. Would you please let me know how the employment contract could be governed by UK or Singaporian law, but myself based in Mongolia?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.

You are free to agree to an English law employment contract with your employer or an English law secondment to Mongolia (so that you remain employed by your current employer in the UK) but you would need to consult a local Mongolian lawyer as often in employment matters, local laws could apply and override what is in a foreign law employment contract.

You would also need to comply with local customs (as well as local laws) in Mongolia which is why you should consult a local lawyer there to advise you on the implications of working in Mongolia on an English law employment contract.

You could get your employer to pay for the local lawyer to advise you.

Hope this helps
Customer: replied 3 years ago.

Thank you for your advise.

Actually I am changing my job. So the employment contract is to be signed with the NEW employer.


The new employer is hesitant to send me as an expat to Mongolia. I don't mind NOT having expat package benefits. But just would like to Employment contract to be governed by UK or Singapore law.


As in your advise, I can agree an English law employment contract. Does this mean that I can be sign an employment contract with the Bank's Representative office in Mongolia or with the Branch in the UK?

I would appreciate for your detailed advise, how I could negotiate with the Bank?


Another issue is the Pension, which I would like to continuously pay in the UK.

Many thanks.


Expert:  UKSolicitorJA replied 3 years ago.
As advised, you should consult a local lawyer as there may be restrictions under Mongolian law with you contracting with a UK branch as opposed to the local entity.

Under English law, you may contract with either the UK branch or the local entity and specify that English law is to govern the employment in Mongolia, but the question is, would Mongolian law permit this.

You need to make it clear to ther Bank about what you want as far as pension etc is concerned. Otherwise, you may wish to reconsider relocating if there are too many doubts and issues. I have not even a remote idea how Mongolian law and culture is.

Hope this clarifies.

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