Tips

Next tip: I am not allowed a paid annual leave. The management argues that I work on an hour basis, so l am not a staff worker. I worked continuously for 9 months. Must I work for 11 months to be entitled to a paid annual vacation?

The Law on Copyright was adopted on 19 January 2006. With respect to his own creative work an author has a right to non-property wealth and an exclusive right to use copyrighted work specified in the articles 11 and 12 of this Law. The non-property right of the creator/author differs from the exclusive right to use the copyrighted work in that way it is protected with no time limit, and cannot be separated from the author.

The exclusive right to use the creative work is enforceable during the whole lifetime of the author and for 50 years after the death of the author. For other persons, in particular the successors, the right to protect the non-property wealth right can be transferred on the ground of will and contract.

An exclusive right to use the copyrighted work includes the following:

The non-property right of the creator/author differs from the exclusive right to use the copyrighted work in that way it is protected with no time limit, and cannot be separated from the author...

• Reproduce the work;
• Publish the work;
• Popularize the work to the public;
• Change the work to derivative work;
• Rent.

The term of protection of copyright regarding a particular work is calculated from the date of creation of such work. Articles 7 and 8 of the Law specify the works protected by the copyright and those that are not protected by the copyright. For example, the works protected by the copyright include:

• All types of scientific and literary , works whether verbal or written as well as ‘ computer programs;
• All types of musical works whether with words or not;
• Works of architecture and construction design;
• All types of fine and applied art (scene design);
• All types of choreographic works, works of contortionists and pantomime;
• All types of dramatic works;
• All types of cinematographic works and works expressed by a process analogous to cinematography;
• All types of photographic works and works expressed by a process analogous to photography;
• Animation works with sound interpretation;
• Derivative works;
• Directories, dictionaries, encyclopedia, literary collections and other database compilations which are by their : purpose and contents an intellectual property created as the result of selection and collection of the respective material;
• Derivative works created based on folklore works.

Matters such as texts of laws and other legislative acts; court decisions and official documents of legal entities and organizations; speeches made at the court hearings and their written translation; any information of warning character on facts, their outcomes and statistical data; folklore works and national customs are not subject to copyright.

The Convention on sale of intellectual property right (29.01.1997) emphasized, “Copyright protection shall extend to expressions and not to ideas, procedures, methods of operation or mathematical concepts as such" (Article 9, part 2).

As provided for in the Paragraph 3.1.3, Article 3 and Paragraph 2.1.1, Article 2 of the Labour Law, a contract of employment established between an employee and an employer must regulate working conditions including annual regular vacation and its compensation. According to the Article 55 of this law, the payment of annual vacation shall be determined on the basis of the employee’s average salary I for that working year. If the employee’s employment term is less than one year or 12 months, the annual vacation payment shall be established on the employee's average compensation for the period he/ she worked.

In case of term of employment of the ‘ employee is less than 12 months of full year of employment shall be established on the average compensation for the term he or she worked. The Labour Law has no provision prohibiting a paid annual leave for a non-staff employee or requiring a certain minimum period of employment for annual leave compensation entitlement. So, this kind of relations must be regulated by a contract of employment concluded between an employer and an employee.

Source: The Mongol Messenger ©

Lawyer's advice. In cooperation with Hanns-Seidel-Foundation Project Mongolia and its “Legal Education" Academy