What is the labour procedure law

The vast majority of employees, at some point in time, will need to comply with the provisions of the current Labour Procedure Act. This is mainly due to the fact that this is the law in charge of regulating various processes that concern the relationship that employees have with their employers. Here we will take a look at the most important things you should know about this.

What is the Labour Procedure Law?

The Labour Procedure Law is regulated by the Royal Legislative Decree 2/1995. However, since 12 December 2011, this has been repealed in favour of the Law on Social Jurisdiction, which was approved by Law 36/2011. It must be said, in this regard, that despite this suspension, most of the points were included in the new text.

Context of Labour Procedure Law

Labour law is framed as a branch of procedural law, which derives from Roman law and which is in charge of mediating in controversies and disputes that occur in the work environment, either collectively or individually. It also deals with disputes between workers and companies in relation to Social Security benefits, contracts, etc. It is also in charge of managing the relationship between the Public Administration and its staff.

What does the Social Jurisdiction Act stipulate with regard to the conciliation procedure?

When a conflict arises between the worker and the employer, this legislation foresees, before the procedure begins, the holding of a conciliation act between both parties with the aim of reaching an agreement that avoids litigation. The competent autonomous community must mediate in the conciliation and, in addition, the request for conciliation will suspend the expiry and prescription periods of the claim.

If the employee does not appear at the conciliation, he/she loses the right to initiate legal proceedings. If the employer is the one who does not show up, the court proceedings are opened, i.e. the employee can proceed to file an enforceable claim. This is also the case if there is no agreement between the parties. If there is an agreement between the parties, it is drawn up in writing and signed, which means that the proceedings do not commence.

However, there are exceptions. In the event that the defendant is a public entity, regardless of whether it is an autonomous community, a city council or the state itself, this act of conciliation is changed to a claim in administrative proceedings. In the event that there is no response within the deadline or if the response is rejected, this automatically opens the way to the courts. Conciliation is also not required when contesting collective disputes.

How much time is allowed for the filing of the claim?

According to this legislation, the plaintiff has 20 days after the notice of dismissal to file his or her claim if he or she is acting against the public administration. If the claim is against a private employer, this is the same period of time within which the claimant has to request conciliation. It should be borne in mind that these proceedings expire and that, after that, it is impossible to take legal action.

Claims must be brought in the Social Courts that correspond to the claimant's domicile and register or, failing that, to the municipality in which he/she provided his/her services. In turn, the challenge of collective proceedings referred to above falls within the jurisdiction of the Social Division of the High Court of Justice of the Autonomous Community in question or the Social Division of the National High Court.

Phases of the process contemplated by the law

It must be said, in this sense, that once the process has begun, the competent judicial body, which is constituted in a public hearing, can request a new conciliation ceremony with the aim of reaching an agreement between the parties. If the parties fail to reach an agreement, the trial begins automatically. At the trial, the plaintiff has the possibility of extending or, failing that, ratifying the claim that has been filed. However, variations cannot be considered substantial at this stage of the proceedings.

The defendant has the right to respond freely to the plaintiff's allegations, whereby he may deny or affirm the facts contained in the complaint. He may also, in this connection, raise any pleas in law that he considers appropriate. It is for the court present to determine the speaking time and the number of times each party may speak.

Obviously, both parties have the right to be represented by an employment lawyer at the trial. In fact, in some cases, when the dispute falls under the Criminal Code, it is compulsory to attend with a criminal lawyer, either privately or ex officio.

Evidence and judgement

If, at this stage of the proceedings, there is still disagreement with the alleged facts, the relevant judicial body will proceed with the taking of evidence. Whenever possible, this should take place on the spot. If not, the trial may be temporarily suspended or transferred to another judicial body that is more competent.

When the evidence has been viewed, the competent court shall issue a judgment within a maximum of 5 days thereafter. After that time, it will be published and notified to both parties or, failing that, to their legal representatives two days later. It should state the possible appeals that both parties can lodge and the time limit for them to do so. In the event that it refers to a dismissal, it must clearly specify whether it has been considered null, unfair or fair.

In short, this is what you need to know about the Labour Procedure Act regarding dismissals and similar cases. Knowing the process first hand, you will be able to approach a specialised lawyer with a better idea.

If you have any doubts, you can count on us to answer them.