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:
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: