In a dispute with your company over wages, allowances or discipline — must you always go through a labor mediator before suing? The answer: yes, mediation is the mandatory default — but the law lists 06 exceptions allowing direct lawsuits. Knowing this rule keeps courts from rejecting your claim for skipping a mandatory pre-litigation step.
1. The rule: mediate first, sue later
Under Article 188.1 of the 2019 Labor Code: “Individual labor disputes must be resolved through the conciliation procedure of a labor mediator before requesting the Labor Arbitration Council or the Court to resolve them, except for the following labor disputes which are not required to go through conciliation…”
A labor mediator is appointed by the competent state authority to conciliate labor disputes. Mediation is free for employees and aims to help parties negotiate before going to court.
2. Six disputes EXEMPT from mandatory mediation
Employees may sue directly in court without a labor mediator in disputes concerning:
- (a) Dismissal discipline or unilateral termination of employment contracts;
- (b) Damages compensation and allowances upon termination of employment contracts;
- (c) Between domestic workers and their employers;
- (d) Social insurance, health insurance, unemployment insurance, occupational accident and disease insurance under specialized laws;
- (e) Damages compensation between employees and enterprises sending workers abroad under contract;
- (f) Between subleased employees and subleasing employers.
Critical note: disputes over unpaid wages are not among the 6 exceptions — so they must still go through a labor mediator before a lawsuit.
3. Limitation periods — do not miss the deadline
Under Article 190 of the 2019 Labor Code, limitation periods for individual labor disputes run from the date the violation is discovered:
- 06 months — requesting a labor mediator;
- 09 months — requesting the Labor Arbitration Council;
- 01 year — requesting the Court.
Time lost to force majeure or objective obstacles does not count toward the limitation period (Article 190.4).
4. What if mediation fails?
If mediation fails, the mediation time limit expires without mediation, or a party ignores a successful mediation agreement — the employee may request the Labor Arbitration Council or sue in the regional People’s Court where the company is headquartered. The same dispute may not be brought to both arbitration and the court simultaneously.
5. Frequently asked questions
Q: Unlawfully dismissed — must I go through a mediator before suing?
A: Not mandatory. Dismissal disputes fall under exception (a) of Article 188.1 — you may sue directly.
Q: The company owes 3 months’ wages — can I sue directly?
A: No. Wage disputes are not among the 6 exceptions and must go through a labor mediator first. A direct lawsuit will be rejected for missing a mandatory step.
Q: Mediation succeeded but the company ignores it — what next?
A: The signed mediation record is grounds to request court recognition, or to sue to enforce the agreement.
Unsure which procedure your labor dispute requires? Contact us for advice.
Prepared by the FLAW AI Legal Council. This content is pending QA Council review before submission for approval; it is for reference only and does not replace legal advice for your specific situation.
