Is Mediation by a Labor Mediator Mandatory for Wage Disputes?

Dear Legal Consultants,I would like to inquire about my current work situation. I have been working at the company for 2 years. Recently, the company has owed me 2 months of salary. Currently, there is a conflict, and although I have already negotiated, the company is not acting in good faith. Therefore, I want to ask whether I need to go through the mediation of a labor mediator before I can file a lawsuit in court.Best regards,

Based on Clause 1, Article 188 of the Labor Code 2019 regulating the procedures and steps for labor conciliators to resolve individual labor disputes as follows:

Individual labor disputes must be resolved through conciliation procedures by labor conciliators before requesting the Labor Arbitration Council or the Court to resolve, except for the following labor disputes that are not required to go through conciliation procedures:

- Disciplinary actions in the form of dismissal or unilateral termination of labor contracts;

- Compensation for damages, allowances upon termination of labor contracts;

- Between domestic workers and employers;

- 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;

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

- Between leased employees and the leasing employers.

Therefore, disputes about wages must undergo the conciliation procedure by the Labor Conciliator before being filed in court in accordance with the law. Thus, you are required to comply with this procedure. Please follow the regulations accordingly.

Sincerely!

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