Some individual labour disputes are exempt from the usual requirement for prior labour mediation. Identifying the type of claim and applicable time limit is essential before deciding how and where to file.
Identify the particular individual labour claim
The requirement for prior labour mediation depends on the substance of the claim. Review the employment relationship, decision or conduct challenged and remedy sought. An employee’s description of the dispute as urgent does not itself create an exemption. Combined claims may require particular attention before deciding how the case should be submitted.
Check the statutory mediation exceptions
Article 188 of the Labour Code addresses individual disputes that are not required to pass through labour mediation first. The categories concern dismissal or unilateral termination; compensation and allowances on contract termination; domestic workers and employers; specified insurance matters; compensation involving organizations sending workers abroad under contract; and outsourced workers and the receiving employer. The exact scope of each category must be checked against the actual request.
Distinguish an exemption from other routes to court
Where mediation is required, its failure, non-performance of a mediated agreement or failure to conduct mediation within the applicable period may affect the next available step. Labour arbitration has its own agreement and procedural conditions and should not be confused with a commercial arbitration clause. Preserve the request, notices, minutes and other records showing why the chosen court route is available.
Prepare a focused court application
Set out the parties, relevant employment facts, the decision or obligation challenged and the relief sought. Attach available contracts, payroll records, notices, meeting minutes and correspondence. Explain what additional evidence is held by others. Check current court competence, filing time limits and submission requirements; an exemption from mediation does not waive the other conditions for a claim.
Keep proof of filing and monitor the case
Use an available lawful submission channel and retain the receipt or other evidence of the filing date. Respond to requests for amendments or additional documents. A lawyer can help classify the claims, review the mediation position and prepare the evidence without promising that direct submission means immediate acceptance, a shorter case or a particular remedy.
Discuss your next steps
For advice on labour disputes filed directly in court, ask Jurion & Partners to review your circumstances, relevant documents and practical options before you proceed.
