SMAC Space

The issues that must be submitted to prior administrative conciliation, before the SMAC, are those related to the employment contract signed between private employers (including public companies in the form of a Limited Company) and workers related to:

dismissal,
disciplinary sanctions,
claims of amount and recognition of rights in general,
professional ranking,
contract resolutions at the request of the worker,
collective conflicts

Exceptions

The following processes are exempt from the requirement of prior conciliation or mediation, and therefore they must present, directly, DEMAND before the Social Courts or Chamber of the competent Court:

Those who demand the "Previous Claim in Administrative Procedure" or another form of depletion of it.
Those who deal with Social Security.
Those related to the challenge of the collective dismissal by the representatives of the workers.
Those related to the enjoyment of vacations (in which there is no agreement between the company and the worker or workers on the date of the enjoyment of the same).
Those related to electoral matters.
Those of geographic mobility.
Substantial modification of working conditions.
Those of suspension of the contract and reduction of working hours for economic, technical, organizational or production reasons or derived from force majeure.
The rights of conciliation of personal, family and work life referred to in article 139 of the Law regulating the Social Jurisdiction.
Professional initiates.
Those challenging collective agreements.
Those challenging the statutes of the unions or their modification.
Those for the protection of fundamental rights and public freedoms.
Those of annulment of arbitral awards.
Those challenging conciliation, mediation and transaction agreements.
Those in which labor actions of protection against gender violence are exercised.
Those in which, being the defendant the State or another public entity, are also private persons, provided that the claim had to be submitted to the process of prior claim in administrative proceedings or to another form of exhaustion of the same and in this the litigious matter could be decided.
The assumptions in which, at any moment of the process, after having directed the ballot or the lawsuit against certain persons, it is necessary to direct or expand it against persons other than those initially sued.

informative videos

dismissal and penalty

Presentation of conciliation ballot

Submission of conciliation ballot

The conciliation ballot may be presented:

1 TELEMATICLY through SMAC VIRTUAL OFFICE, which can be accessed through the following link.

Presentation of the conciliation form, SMAC Virtual Office

ACCESS

triptico_ov_smac_20210412v4.pdf (341.75 KB)

2. IN PERSON, exclusively for individual requests, at the Registry of C/ Princesa 5. The request for an appointment can be made at the following link:

Appointment for SMAC registration

prior appointment to collect certificate of professionalism

Once inside the appointment you must choose Ministry of Economy, Finance and Employment and then Princess 5.

You can also appear at the Registry of C/ Princesa 5 without an appointment

APPOINTMENT REQUEST

3. In others OFFICIAL RECORDS of the Community of Madrid, in the POST OFFICES by administrative mail or through any of the systems established in article 16.4 of Law 39/2015, of October 1, of the Common Administrative Procedure of Public Administrations

Download the individual conciliation ballot (919.35 KB)

What information must I provide and who can present the conciliation ballot?

Information I must provide on the ballot

The personal data of the person making the claim (Applicant / plaintiff) and of the other interested parties (defendants) such as CIF, company name, etc., and their full addresses, (compulsory the postal code).
Professional data of the applicant, (professional category or trade, seniority in the company, salary and other remuneration.
Clear and specific enumeration of the facts on which to see your claim, and in the case of claiming by amount, total economic amount claimed, and the breakdown of the same by concepts with their corresponding amounts.
If the claim was for Dismissal, the date of effect of the same and the reasons alleged by the company will be stated.
Date and signature.

If all the mandatory information on the ballot is not completed, the claimant will be informed so that he can proceed to complete it properly, otherwise it will not be possible to continue with the processing before the SMAC. The notification of this writing does not suspend or interrupt the computation of the terms available for the exercise of the appropriate legal actions.

¿Who can present the Conciliation ballot in the Registry?

The plaintiff himself or any person to whom he entrusts it, who will be presumed authorized to receive the summons on his behalf.

Appointment to hold conciliation acts with the possibility of agreement on claims for amount and rights, amount, collective conflict and rights.

As of September 6, the overtaking service with agreement is suspended. All claims will be cited by the ordinary procedure.

Appointment to grant representation for the conciliation act

The granting of representation for files with a SMAC number, (power of attorney apud act) is carried out in person at the General Directorate of Labor (Calle Princesa nº 5).

Once inside the link, you must choose the E-REP (Representations) option.

APPOINTMENT REQUEST

How to obtain the Certificate of Completion Procedure SMAC

1.- If the conciliation ballot has been submitted through the SMAC VIRTUAL OFFICE, You can download the certificate there after 30 business days from the presentation, at the following link https://oficinavirtualempleo.comunidad.madrid/ Identifying yourself in the system with the same digital certificate with which the ballot was presented, and clicking on the "File History" tab

2.- If the conciliation ballot has been presented in person at the Registry offices of the General Directorate of Labor, in Any other face-to-face registration, by administrative mail or by other electronic registrations other than the Virtual Office may request the certificate after 30 working days from the presentation in the SMAC REPRESENTATIONS department in c) Princesa 5.

3.- If the conciliation ballot has been submitted before June 29, 2021 You can download the certificate at the following links:

Download the certificates of completion of the SMAC procedure

Access

Download the certificate of the aforementioned acts and not celebrated on the date set due to the State of alarm

Access

FAQs

Processing before the SMAC

1. What is the SMAC?

The SMAC is the Arbitration and Conciliation Mediation Service offered by the Community of Madrid for the resolution of labor disputes and thus prevent both parties from going to court.

The worker and the company representative appear before the SMAC, with the aim of reaching an agreement related to a dismissal, a wage claim or any other right of the worker.

2. Where and how can I present a conciliation ballot?

The conciliation ballot may be submitted electronically through the SMAC VIRTUAL OFFICE, which can be accessed through the following link https://oficinavirtualempleo.comunidad.madrid/

Likewise, and exclusively for individual requests, may be presented at the SMAC (Princesa 5), prior appointment request or by administrative mail at post offices

Access here to request an appointment at the SMAC Registry and submit the conciliation ballot:https://gestiona7.madrid.org/CTAC_CITA/OFIREG

Once inside the appointment you must choose Ministry of Economy, Finance and Employment and then Princess 5.

3. How can I access the SMAC Virtual Office?

To access the Virtual Office you can access through a digital certificate, DNIe, or cl @ ve at the following link:https://oficinavirtualempleo.comunidad.madrid/

4. What services does the SMAC virtual office include?

The SMAC Virtual Office offers you the following services:

In the section of Home You can check the list of notifications that you have pending reading.

In the section of Submit reconciliation ballot, you will be able to present a ballot in 6 simple steps and request an appointment to celebrate the conciliation act. You can also present a conciliation ballot and request a certificate prior to judicial proceedings downloadable in the virtual office 30 days after you presented the conciliation ballot, in those cases in which it is not possible to hold the conciliation act.

In the section of File history You will be able to view the list of ballots that you have presented, and perform a specific search for the ballot or ballots that you want to view. You will also have the option of downloading the documents of the ballots that you have presented and are in "Open" status.

In the section of Messages You will see all the notifications that arrive at your SMAC Virtual Office.

5. Why can the SMAC Virtual Office be useful to me?

Because by law, all labor disputes on issues of: dismissals, disciplinary sanctions, quantity claims and recognition of rights in general, contract resolutions at the request of the worker and collective disputes, must be submitted to prior conciliation before the SMAC as a preliminary step. to court. In this way, an attempt is made to reach an agreement between employers and workers so that the conflict can be resolved without the need to go to court.

That is why, even if you are not a job seeker, the SMAC Virtual Office helps you to present the conciliation ballot in case you have a labor conflict.

6. What messages can I receive in the SMAC Virtual Office??

The messages are notices that arrive at your virtual office about updates and changes in your procedures and procedures. For example, if you request an appointment to celebrate the conciliation act, the confirmation of the same will be notified to you through the messages section of the SMAC virtual office.

7. What is the pre-judicial certificate used for?

The certificate prior to the judicial process certifies that you have complied with the legal requirement of presenting the conciliation ballot.

You can download this certificate 30 days after you submitted the ballot and it will allow you to go to court, because if that period elapses without the conciliation act having been held, the procedure is understood to be finished and the procedure has been completed.

8. If I fail to finish and submit a ballot, is all the data I have filled out erased?

In the event that you have started the presentation of a ballot but have not finished it or do not want to present it yet, you have the option of not continuing with it, and saving it by clicking at the end of each block of data on "Save".

In this way, when you access the ballot that you left in the "Draft" state in editing mode, you will be able to continue presenting it from the step you left off. You can also modify the data that you have completed.

9. In what state can my conciliation ballot be found?

The states in which the conciliation ballot you make can be found are:

Draft: when the ballot has not yet been submitted.
Open: when the ballot has been presented.
Done: when the conciliation act has been done
Withdrawn: when the plaintiff has withdrawn his request for conciliation.

10. If an application was submitted through a representative, who can check the processing status electronically?

Only the representative, who has the duty to inform the interested party, can make the query.

11. From the file history query, can I see the files that I have submitted online and in person, or only the online ones?

Only telematic files can be consulted

12. If I was summoned to a conciliation act that could not be held due to COVID-19, how can I prove that it was not held?

If you were summoned to a conciliation act and it could not be held as a result of the measures adopted by COVID-19, the General Directorate of Labor will accredit this circumstance by issuing a certificate in which it will indicate that the act for which was summoned could not be held. This certificate can be obtained individually by each interested party through the following link: https://www.comunidad.madrid/certificado-conciliacion-smac

13 What are the guidelines or main considerations that must be taken into account for face-to-face conciliations?

The main guidelines that must be taken into account when attending a face-to-face conciliation are:

You must arrive punctually at the appointment time, to allow capacity management. To avoid concentrations, each of the parties may be accompanied by a single legal representative.
In Information you can consult the location of the office that appears in the appointment. On the door of each office the schedule and list of cited files are indicated. You must remain in the indicated waiting room until called by the conciliation lawyer.
You must provide the corresponding original documentation. See the section Documentation required for the day of conciliation.

14. Can I request an appointment for the conciliation act if I consider that I can reach an agreement with the other party?

Since September 6, the overtaking service with appointment agreement has been suspended to hold conciliation events with the possibility of agreement.

All claims will be cited by the ordinary procedure and the file will continue its processing in accordance with article 65 of Law 36/2011, of October 10, Regulating Social Jurisdiction.

The appointment will be generated when the conciliation slip is presented.

You can present the conciliation ballot (see the section Presentation of the conciliation ballot and information you must provide):

Telematic presentation through the SMAC Virtual office, link https://oficinavirtualempleo.comunidad.madrid/SignIn?ReturnUrl=%2FAcceso%2F

In person, exclusively for individual requests, at the Registry of C/ Princesa 5. The request for an appointment can be made at the following link: https://gestiona7.madrid.org/CTAC_CITA/OFIREG Select SMAC Registry.

15. How can I grant representation for an act of conciliation (powers of attorney apud record)?

Representation will be granted in person, exclusively by appointment service at the General Directorate of Labor (Calle Princesa nº 5).

You can request it through the following link: https://gestiona3.madrid.org/CTAC_CITA/cita_informacion-laboral

Once inside said link, you must choose the E-REP (Representations) option.

16. What happens if I could not appear for the conciliation act on the day of the appointment?

If you were unable to appear for the conciliation act on the day you were summoned and a record was drawn up, you can request a certified copy by requesting an appointment through the following link: https://www.comunidad.madrid/servicios/empleo/espacio-smac#cita-otorgar-representacion-acto-conciliacion

17.-Can I request free legal assistance?

The workers will be able to request free legal assistance for the judicial procedure.

When the presentation of the application for the recognition of the right to free assistance is made before starting the judicial process, and the action could be harmed by the expiration or prescription periods, it will be interrupted until the appointment of a court-appointed lawyer. , in accordance with article 16.2 of the Free Legal Assistance Law.

See all the information at the following link:

https://www.comunidad.madrid/servicios/justicia/asistencia-juridica-gratuita

Necessary documentation for the day of conciliation

Es IMPORTANT, which takes into account the guidelines and/or instructions for conciliation acts. For more information see the FAQ section

Likewise be punctual. If you arrive after the conciliation has been held and the record has been drawn up, you will lose the possibility of making your right effective, in the event that there is no term to present another new request for conciliation.

Accreditation In the event of not being able to attend the conciliation Results of the conciliation act in the SMAC

- Physical persons:

Provided with an original identification document (National Identity Document [DNI], Passport, Residence Permit, Work Permit, Driving License)
In the case of non-emancipated minors, they must attend accompanied by their legal representative who will also provide their original identification document.

- Legal persons: Original identification document and deed or original power of attorney.

You can grant a power of attorney, or a representation before any administrative unit of Mediation, Arbitration and Conciliation in Spain, for which you must appear in person with:

- Original identification document

- Registered conciliation ballot

- Citation certificate

- Name and surname of the person who will represent you on the day of conciliation.

- If it is a legal person, the representative of the company that comes to grant the representation will appear with the original deed or power of attorney, which must have the power to "substitute" it.

If there is an agreement in the SMAC
The conciliation act with settlement in which an economic agreement is recorded, when it is not fulfilled by the company, constitutes a sufficient title to directly request the execution of that agreement before the Social Court, in the same terms that are executed the sentences.
If no agreement is reached at the SMAC or one of the interested parties does not appear
The request for conciliation allows access to the judicial procedure by presenting the corresponding demand in the social court to which the certification of the Conciliation Act will be attached.

Deadlines

expiration period

The term for the presentation of the demand in the social court in the cases of dismissal, disciplinary sanction, resolution of the contract is 20 working days.

Prior to the presentation of the claim before the Court, you must submit the request for conciliation, before the SMAC

The presentation of the request for conciliation will suspend the expiration periods, and the computation resumes the day after the conciliation is held or after fifteen days have elapsed since its presentation, if it has not yet been held.

If the conciliation is held after more than 15 days from the presentation, the computation of the 20 days will resume on the 16th day from said presentation.

In this case: you should file the lawsuit in the Social Court without waiting for conciliation, to avoid expiration, since if the expiration of the action occurs, you lose all your rights.

Example: If 18 days have elapsed from the effective date of the Dismissal until the Ballot is submitted, you will only have 2 days left to file the Claim before the Court, therefore, once the conciliation has been held within the legal term of 15 days, at day after the conciliation, you would have two days left to file the lawsuit, and in the event that 15 days had elapsed without having been held, the two days would begin to count from the 16th, if they waited for the Act to be held and this If it were carried out 3 days later, the action to file the lawsuit would have expired and would be out of time, so in that case it is recommended not to wait and file the lawsuit before the Social Court to avoid expiration.

statute of limitations

The deadline for submitting quantity claims and other rights in the social court, it is one year that begins to count from the moment in which the worker is owed the amount or could claim the right in question.

The presentation in the SMAC of the request for conciliation will interrupt the limitation period. In any case, after thirty days have elapsed without holding the conciliation act, the procedure will be deemed to have ended and the procedure completed, and the claim may be filed with the Social Court.

Free legal assistance

The workers will be able to request free legal assistance for the judicial procedure.

When the presentation of the application for the recognition of the right to free assistance is made before starting the judicial process, and the action could be harmed by the expiration or prescription periods, it will be interrupted until the appointment of a court-appointed lawyer. , in accordance with article 16.2 of the Free Legal Assistance Law.

See all the information at the following link:

https://www.comunidad.madrid/servicios/justicia/asistencia-juridica-gratuita

Regulation

Mediation, Arbitration and Conciliation procedures are governed by this state legislation

Real Decreto-Ley 5 / 1979, of January 26, (BOE of 06/02/1979) by which the Institute of Mediation, Arbitration and Conciliation is created.
Royal Decree 2756 / 1979, of November 23, (BOE of 22/12/1979) by which the Institute of Mediation, Arbitration and Conciliation assumes part of the powers entrusted to it.
Royal Legislative Decree 2/2015, of October 23, approving the Consolidated Text of the Workers' Statute Law.
Royal Decree 932 / 1995, of June 9, (BOE of 11/07/1995) on the transfer of functions and services from the State Administration to the Community of Madrid in labor matters (execution of labor legislation).
36 / 2011, of October 10 (BOE of 11/10/2011) regulating the Social Jurisdiction (Title V "On Process Avoidance", Chapter I "Of the previous conciliation", Related 63 a 68).