The act of conciliation prior to a lawsuit. The conciliation paper

The act of labour conciliation is an essential step when making any legal claim against a company. Through it, the aim is to reach an agreement that avoids a trial. But what does it consist of and how does it work? Here we want to explain it in as much detail as possible.

What is an act of conciliation?

As we said in the introduction, an employee can file a claim with the company that hired him or her in the past or for which he or she is currently working. It all depends on whether the claim has to do, for example, with a dismissal, a lowering of salary or any other substantial change in their working conditions.

When this happens, the law requires that both parties meet in court and try to reach an agreement that prevents a trial. This meeting is called a labour conciliation meeting.

Steps prior to the conciliation procedure between the employer and the employee

Let's imagine the case of an employee who has been dismissed. When notifying him/her, the employer has alleged objective causes related to organisational changes that the employee believes to be untrue. Once the employment relationship has been terminated, the employee has to do the following:

• File a conciliation petition with the Mediation and Arbitration Service (SMAC). It should be noted that this body depends on each autonomous community, which may give it a different name. This document must contain the name of the worker, the name of the company and a detailed description of the employment relationship that brought them together. It must also state what is being claimed. It does not require the work of a labour lawyer, but it is highly recommended.
• Sending of the conciliation paper. Once submitted, the mediation and arbitration body will inform the company that it has received a claim from one of its workers. It will also inform the company of its content.
• Holding of the conciliation proceedings. A date will be set on which both the worker and the employer must meet in the competent court.

The conciliation procedure

Once the date of the conciliation hearing has arrived, there are three possible situations:

• Both the employer and the employee attend the hearing. There they will meet the "conciliation lawyer", who will be in charge of recording what happens, not of mediating between them.
• Only the employer attends. In this case, the SMAC will understand that the employee waives his or her claim and will issue a labour conciliation report that will agree with the employer and ratify the dismissal. However, provided that the employee has not been absent for a justified cause.
• Only the employee attends. As in the previous case, the conciliating lawyer will conclude the act. The next step will always be to file a claim with the relevant Social Court if you wish to pursue your claim.

It is not usual, but it may happen that neither the worker nor the company shows up at the conciliation proceedings. What happens then? Well, the case is archived as if it had never happened.

It should also be added that both the employee and the employer can grant a power of attorney in favour of a labour lawyer, social worker or any other person to represent them during the act.

The conclusion of the labour conciliation proceedings

According to the scenario specified above, the conciliating lawyer will draw up a labour conciliation report with one of the following results:

• Labour conciliation act without an agreement. If there is no agreement between the employer and the employee.
• Labour conciliation act with an agreement. If there is an agreement between the parties.
• Labour conciliation without effect. When the employer does not attend the act.
• Not presented. When it is the worker who does not attend the meeting without giving prior justification.
• Withdrawn. If the worker indicates that he/she desists from his/her claims and does not wish to continue with the process.

As we have already mentioned, in the event that there is no agreement or that the act is without effect due to the non-appearance of the employer, the next step will be to file a lawsuit in the Social Court. In this case, the advice and defence of a lawyer is essential.

How to act in a conciliation procedure?

The conciliation procedure must always be approached with the will to reach an agreement. After all, that is what it was designed for. But how can we know which of our claims are realistic and which are not?

Once again, we have to talk about the importance of having the services of a labour lawyer. Let us not forget that this is a professional with extensive knowledge of labour law who, in addition, has the ability to study the specific case, discern when the worker's rights have been violated and establish a course of action.

In fact, he or she will be the person who will know best how to negotiate in a conciliation procedure. The employee may choose to represent himself, but our experience tells us that the outcome will never be as satisfactory.

With this we hope to have cleared up all your doubts about the conciliation procedure. So, if you have to face one in the near future, do not hesitate to hire the services of a specialised and experienced lawyer.