LABOUR MEDIATION

WHAT IS IT?

In the labour mediation, the employer and worker would help both parties to reach a written and signed agreement. The priority would be to try to resolve it without going to court, however that option remains if no agreement is reached. It can be requested by either an employer or worker but, there has to be a contract in place.

These are some of the conflicts that could be dealt with in a mediation:

• Related to salary or bonus payments
• Overdue subsidies
• Promotions
• Change of workplace location
• Change of working hours
• Change of job category
• Overtime work
• Vacation scheduling
• Non-compliance with hygiene, safety, and health regulations
• Nature of employment contract

❌ Some conflicts that cannot be mediated are:

• Workers with collective labor contracts
• Involving non-negotiable rights of the worker (such as the right to retirement, health, collective and union organization, strike, vacation, privacy)
• Workplace accidents

The employer and the worker are contacted by the Sistema de Mediação Laboral (SML) to confirm the mediation request, and if confirmed, a labor mediator is chosen. Another option would be to choose a mediator from the SML's list of mediators. It costs 50 euros for each of the parties involved regardless of the number of sessions that take place. If they are eligible for legal aid, one or both parties may be exempt from paying for the service, or they may pay the fee in installments.