Question: Question: Currently, all individual labor disputes are required to go through mediation procedures, right? Is there a situation that is not required to go through the mediation procedure of the labor? Thanks for the advice!
Law Department - ACDC advises:
Pursuant to Clause 1, Article 188 of the Labor Code 2019 stipulates the order and procedures for conciliation of individual labor disputes by labor mediators, accordingly, individual labor disputes must be resolved through conciliation procedures of the labor mediator before asking the Labor Arbitration Council or the Court to settle, except for the following labor disputes that are not required to go through mediation procedures:
(1) Regarding the handling of labor discipline in the form of dismissal or the case of unilateral termination of the labor contract;
(2) Regarding compensation for damage, allowances when terminating labor contracts;
(3) Between domestic helpers and employers;
(4) Regarding social insurance by the law on social insurance, on health insurance by the law; Regarding unemployment insurance according to the provisions of the law on employment, insurance of occupational accidents and diseases according to the provisions of the law on occupational safety and hygiene;
(5) Regarding compensation for damage between employees and enterprises or organizations sending workers to work abroad under contracts;
(6) Between the outsourced employee and the outsourced employer.
Thus, in principle, all individual labor disputes must be resolved through the mediation procedure of the labor conciliator before asking the Labor Arbitration Council or the Court to settle, except The above six cases of labor disputes are not required to go through conciliation procedures.
