SCHEDULE A MCEWEN MINING INC. Terms and Conditions of Employment

Exhibit 10.1

September 2, 2016

VIA EMAIL

Mr. Xavier L. Ochoa

7700 Covered Ridge Drive

Austin, TX

78736

Dear Xavier,

I am pleased to confirm our verbal offer of employment to you with McEwen Mining Inc. (the “Company”) as a Chief Operating Officer, effective September 6, 2016.

Kindly note that this offer is conditional upon (i) completion of satisfactory references that include past employment and education records; and (ii) you executing and returning a signed copy of this letter and signed/initialed copies of the attached Schedules “A” and B” (the “Agreement”) to me on or before September 2, 2016.

Please ensure you retain a copy of the Agreement for your records.

Xavier, we look forward to welcoming you to the Company team and wish you a successful and rewarding career with us.

Sincerely,

MCEWEN MINING INC.

Colin Sutherland

President

I, Xavier L. Ochoa, acknowledge that I have read, understood and accept this offer and the terms and conditions contained in the attached Schedules (which form the Agreement as defined above) and agree to be bound by the terms and conditions of employment as outlined therein, including those that limit my entitlements, if any, upon the end of my employment with the Company.

SCHEDULE “A”

MCEWEN MINING INC.

Terms and Conditions of Employment

The following outlines the terms and conditions of employment with McEwen Mining Inc. (the “Company”).

SCHEDULE “B”

SERVICES

Title: Chief Operating Officer

Reporting Structure: Reports to President

Direct Reports: All operating managers, country managers, min planning, project, environmental, safety and Argentinean land department

Key Role and Responsibilities:

·                  Participate as a key member of the management team and lead the Company’s strategic operational, exploration and technical efforts;

·                  Lead, develop and retain an efficient, world class operating team capable of optimal operation of the Company’s mines and projects;

·                  Oversee and coordinate the Company’s employees, contractors, consultants and business partners to ensure the achievement of operational goals and identification of opportunities;

·                  Direct the Company’s operations to meet budgets and other financial goals;

·                  Direct short term and long-range mine planning and budget development to support strategic business goals at all of the Company’s projects and properties;

·                  Ensure safe mine operations - establish and maintain effective safety programs;

·                  Ensure compliance with all environmental, health and safety regulations and associated permits;

·                  Oversee operating plans and policies, schedules and budgets to maximize optimal production and advancement of growth projects;

·                  Supervise and coordinate resource and reserve estimation;

·                  Oversee the permitting of the Company’s mines and growth projects to ensure timeliness of deliverables to meet project goals and objectives;

·                  Assist the Company’s senior management team to evaluate strategic acquisitions;

·                  Monitor and report performance against budgeted targets;

·                  Coordinate operations to ensure optimal long term business outcomes; when required, participate in capital markets development including participation in road shows, industry conferences, analyst meets and site visits;

·                  Risk assessments in the business;

·                  Measure effectiveness and efficiency of operational processes both internally and externally and finds ways to improve processes

·                  Develop and implement growth strategies

·                  Mentor all employees, including management ad motivate staff to meet or surpass organizational and production goals

·                  Coordinate with Human Resources department to recruit skilled talent and retain the best employees

·                  Oversee daily operations and make adjustments as necessary

·                  Promote communication between colleagues for the benefit of information flow and to curb any problems that arise

·                  Participate with senior management to support initiatives to cultivate mining analyst relationships;

·                  Assist with raising capital through banks or outside investors to help foster growth or obtain production goals

·                  Other related duties as assigned

ANNUAL OBJECTIVES

Annual objectives will be established by the Company and agreed with the Employee within three months of the end of each fiscal year, as per the business plans and needs of the Company from time to time.

APPROVED BONUS SCHEDULE AND KPI’S

Bonus:

·                  50% of base salary or higher in the discretion of the Board of Directors of the Company. Amount of bonus is based on achievement of your KPIs and the achievement on a firmwide basis of KPIs or goals established annually for the Company. These will be measured by means of a performance review and any bonus recommendation will be made by the President and/or CEO to the Board of Directors for their consideration.

KPIs

1. Safety & Health.

a.    Zero Fatal Accidents

b.    No Disabling Injury Accidents

c.     Lost Time Injury Frequency Rate (LTIFR) — operate below stated targets

d.    Total Recordable Injury Frequency Rate (TRIFR) — operate below stated targets

e.     Medical Aid Incidents (MA) — operate below stated targets

2. Environment

a.    No Cyanide spills

b.    Regulatory Agency Reportable Incidents — operate below stated targets

c.     Recordable Environmental Incidents — operate below stated targets

d.    Achieve concurrent reclamation targets

3. CSR

a. Maintain valid social “licenses” to operate at all sites.

4. Production

a. The actual production volumes vs forecasted production volume, if forecast target are met or surpassed bonuses to be paid. This is to be measured in terms of:

i.             Total tons mined

ii.          Total tons crushed & stacked on heap

iii.       Achieving total ounces (Au) targeted for the year.

b. Achieving availability targets for major mining fleets (shovels, trucks and drills) and process facilities (crushers, agglomerators, refineries) as:

i.             Total Uptime

ii.          Total Planned Downtime

iii.            Total Unplanned Downtime

iv.           % Utilization

v.              % Availability

c. Meeting metallurgical recovery targets (% Au & %Ag)

5.              Governance — Production license valid and endorsed

6.              Operational Management — new production ounces added to reserves (this can be achieved through exploration)

7.              Projects Management for Gold Bar & EG2 or Schedules — project execution on schedule

8.              Budgets — cost control of budgets for projects

9.              Training of staff

10.       Production Optimization

11.       Problem solving & innovation

12.       Train # of staff to competent level for Los Azules

13.       External relations — CSI (Corporate Social Investment) projects completed or in progress.

SCHEDULE “C”

FULL AND FINAL RELEASE

WHEREAS the employment of [Employee] (the “Releasor”) with McEwen Mining Inc. (the “Company”) terminated without cause effective on [Date];

AND WHEREAS in exchange for the payments set out in the Releasor’s Employment Agreement, which are greater than their entitlements under applicable law, which is good and valuable consideration (the “Terms of Settlement”) and which shall settle all claims which the Releasor may have by reason of the aforesaid termination, or employment with the Company;

NOW THEREFORE WITNESSETH that in consideration of the Terms of Settlement, the Releasor hereby releases and forever discharges the Company and its parent, subsidiary, successor, predecessor, affiliated, associated and related corporations and any and all of their past, present or future respective directors, officers, employees, shareholders and agents (hereinafter collectively referred to as the “Releasees”) from any and all actions, causes of action, claims and demands whatsoever and, without limiting the generality thereof, all actions, causes of action, claims and demands arising from the employment of the Releasor with the Releasees or the termination of the said employment, including any claims pursuant to the employment agreement between the Releasor and the Company dated [INSERT DATE], any applicable human rights or employment legislation and specifically including claims for reinstatement, salary, wages, bonus, commissions, stock options, vacation pay, holiday pay, overtime pay, termination pay, severance pay, compensation in lieu of notice and claims under any applicable benefit plans.

NOW THEREFORE WITNESSETH that the Releasor agrees that Releasor is aware of their rights under applicable human rights legislation and confirms that Releasor is not asserting such rights or advancing a human rights complaint.

FOR THE SAID CONSIDERATION, the Releasor further agrees not to make any claim or take any proceedings against any other individual, partnership, association, trust, unincorporated organization or corporation with respect to any matters which may have arisen between the Releasor and the Releasees or any one of them or in which any claim could arise against the Releasees or any one of them for contribution or indemnity or other relief over.

AND FURTHERMORE, for the aforesaid consideration, the Releasor hereby agrees to indemnify and save harmless the Releasees from any and all claims or demands under all applicable tax, employment, pension, insurance or human rights legislation, including any regulations made thereunder, and any other statute or regulations, for or in respect of any failure on the part of the Releasees to withhold income tax, pension or social assistance contributions, employment insurance premiums or benefit overpayments or any other tax, premium, payment or levy from all or any part of the said consideration and any interest or penalties relating thereto and any costs or expenses incurred in defending such claims or demands.

NOTWITHSTANDING THE FOREGOING, this Release shall not apply to any actions, causes of action, claims and demands which the Releasor may have relating to the failure or the refusal of the Releasees to comply with the Terms of Settlement

AND FOR THE SAID CONSIDERATION, the Releasor further agrees not comment in any adverse fashion on the Releasees. Without limiting the foregoing, the Releasor agrees not to make any adverse comments about the manner in which the Company or its directors, officers, agents and employees treated the Releasor during the course of Releasor’s employment or the manner in which the Releasor was treated following the cessation of Releasor’s employment. Any breach of this provision or confidentiality as set out in these Terms of Settlement will be considered a breach of the Terms of Settlement.

AND FOR THE SAID CONSIDERATION, the Releasor further agrees not to disclose the Terms of Settlement except to legal counsel, financial advisor, immediate family or as required by law.

AND THE RELEASOR HEREBY DECLARES that Releasor has had reasonable opportunity to obtain independent legal advice with respect to the Terms of Settlement as well as this document and Releasor fully understands them. The Releasor hereby voluntarily accepts the said terms for the purpose of making full and final compromise, adjustment and settlement of all claims as aforesaid.

AND THE RELEASOR UNDERSTANDS AND AGREES that the Terms of Settlement do not constitute any admission of liability by the Releasees.

THIS RELEASE AND INDEMNITY shall be deemed to have been made in and shall be construed in accordance with the laws of the State of Nevada and the federal laws of the United States of America applicable therein.

THIS RELEASE AND INDEMNITY shall enure to the benefit of and be binding upon the undersigned and the Releasees and their respective heirs, executors, administrators, legal personal representatives, successors and assigns.

IN WITNESS WHEREOF the Releasor has executed this document at                                                                                                                      on the day of                                                , 201• and set their hand and seal thereto.