SMAC Space
Conciliation prior to claims of a labor nature.
The Prior Conciliation in the SMAC is imposed by the Regulatory Law of the Social Jurisdiction and seeks to reach an agreement between employers and workers in the face of labor claims, in order to avoid litigation, always as a prerequisite to the judicial procedure.
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
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.
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
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
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
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.
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:
Frequently Asked Questions
Necessary documentation for the day of conciliation
Es IMPORTANT, que tenga en cuenta las 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.
- Physical persons:
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Provided with an original identification document (National Identity Document [DNI], Passport, Residence Permit, Work Permit, Driving License)
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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.
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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.
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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