What is the conciliation procedure?

Labour mediation is an administrative procedure prior to the filing of a case. The action is compulsory and is part of what workers can do to reach a satisfactory agreement with the company, thus avoiding lawsuits.

The purpose of the act of mediation is to enable the company and the worker to find a point of satisfaction in negotiation. To do this, one or both parties must compromise and reach a common ground that allows them to end or continue the employment relationship in the best possible way.

Under what circumstances can a request for an act of labour mediation be made?

The most common case for which the labour mediation act is requested is the dismissal claim. However, employees can file a claim against any right that the worker feels has been violated, such as accident claims, wage claims, compensation claims, claims for modified working conditions, among others.

Deadline for the Labour Conciliation Act

After the employee receives the letter of dismissal, he/she has 20 working days to send the mediation bulletin. After this time, he/she cannot request anything from the company.
With the submission of this letter, the term ends and, in the absence of agreement between the parties, the employee has a new term to file a claim, obtained by subtracting the first 20 days, days elapsed until he/she submitted the ballot.

Who has to come forward?

After the notification of the conciliation slip (a management document that obliges an employee to resolve a dispute with the company without going to court), the Mediation, Arbitration and Mediation Service will notify the parties and arrange a date and time for mediation. At this meeting, the parties in dispute are brought together. It is advisable for workers to attend this event with a labour lawyer who will know how to deal with and protect their rights.

Another option is for the victim to issue an adult guardianship system to a lawyer and try to reach an agreement. Or the power of attorney. Both parties in conflict often meet to negotiate, and think it is in the best interest of both parties. In certain circumstances such as penalties, payments, etc., the claimant company may require the employee or lawyer to negotiate before the agreement expires. So when it comes to SMAC, all that needs to be done is to sign the contract attached to the settlement document. In addition, it is possible that the parties have not reached an agreement and it is in this case, when negotiations to reach an agreement will continue before you are called by a mediation lawyer whose main function is to certify the outcome of the meeting with administrative documents. He is therefore not an intermediary and does not listen to any of the parties involved. At this point, both parties sign a document called a Deed of Reconciliation.

The conciliation ballot

The mediation bulletin should record four basic pieces of information:

• Personal and professional data, i.e. the company's VAT number, the employee's ID number, both addresses and telephone number.
• An explanation of the employment relationship, i.e. the employee's occupation category, the type of employment contract, the salary level, the start date of the contract and the agreement governing the contract.
• A statement of facts which is a document reflecting as clearly and in as much detail as possible the situation that gave rise to the disagreement and what is required.
• A document specifying whether the employee will go alone or accompanied by a lawyer.

Once all the information has been entered in the mediation bulletin, at least four copies will be submitted, one copy filed, one for the SMAC, one for the worker where the date and time of the conciliation summons must be indicated and the last one for the defendant company, which will also include the date and time of the settlement.

Results of the mediation

There can be four different outcomes:

• Agreement: When there is a satisfactory agreement between the worker and the company.
• Effort and Waste: When the company does not appear to take part in the conciliation.
• No record: If the worker is formally summoned and is not available to participate in the mediation protocol, or does not justify his or her absence.
• Withdrawal: When an employee moves forward in a conciliation action and expresses a clear intention to withdraw from the procedure, or to withdraw the filed ballot.

Is it compulsory to attend the conciliation procedure?

Claimants are not obliged to attend labour mediation. If the worker chooses this option, he or she can do so in two ways:

1. You must authorise another person to appear and represent you before a notary public before submitting the ballot. This will involve a fee set by the notary which usually costs around 35 euros. After filing a notice of mediation, you can file a declaration with the clerk. The file is free of charge and managed by the mediation service.
2. On the other hand, if the employee wants to participate in the mediation, he/she can do so alone. That said, it is not compulsory to go with a lawyer, although it is desirable, but if you have to go to court later, you will need the services of a lawyer.