Can an Employee Whose Labor Contract is Unilaterally Terminated File a Direct Lawsuit in Court?

According to Clause 1, Article 188 of the 2019 Labor Code, the procedures and process for resolving individual labor disputes through labor mediators are stipulated as follows:

Individual labor disputes must be resolved through the mediation procedures of labor mediators before appealing to the Labor Arbitration Council or the Court, except for the following labor disputes which are not required to go through mediation procedures:

- Concerning the handling of labor discipline in the form of dismissal or cases involving unilateral termination of labor contracts;

- Concerning compensation for damages, allowances upon termination of labor contracts;

- Between domestic workers and their employers;

- Concerning social insurance according to the law on social insurance, health insurance according to the law on health insurance, unemployment insurance according to the law on employment, labor accident insurance, occupational disease insurance according to the law on labor safety and hygiene;

- Concerning compensation for damages between employees and enterprises, organizations sending employees to work abroad under contracts;

- Between leased employees and the leasing employers.

Therefore, disputes involving unilateral termination of labor contracts do not need to go through mediation procedures with a Labor Mediator. Hence, you can directly file a lawsuit to the Court where your company is located.

Sincerely!