SMAC (labour conciliation)
Before taking your company to court, you almost always have to try to reach an agreement. We explain how it works and do it with you.
What it involves
The conciliation request (papeleta de conciliación) is, in most employment disputes, the first step before taking the company to court. It is filed with the SMAC (Mediation, Arbitration and Conciliation Service) or the equivalent body in your autonomous region. Then you and the company sit down with a mediator to try to reach an agreement. If there is none, you can go to court.
Is this your case?
- You have been dismissed and want to make a claim, but you don't know where to start.
- You have been summoned to the SMAC and don't know what will happen there.
- The company owes you money and you want to claim it officially.
- You don't speak Spanish well and are worried about not understanding what is said at the hearing.
How we help
We draft the request with everything you are claiming, because anything not included in it can be difficult to add later. We file it in time, since in many cases the time limit is very short, and we go with you to the hearing or attend on your behalf. There, we negotiate and explain each proposal to you in your language. If there is no agreement, we prepare the claim. We can help you in Spanish, Arabic, Tamazight, French and English, at our offices in Tenerife, Gran Canaria, Málaga and Barcelona or online, wherever you are in Spain.
If the company proposes a deal, we advise you on the conciliation, and if it all starts with a dismissal, we review it from the beginning.
Frequently asked questions
- What exactly is the conciliation request?
- It is a simple document (papeleta de conciliación) in which you explain what you are claiming from the company and why. It is used to request an appointment at the mediation service to try to reach an agreement before going to court.
- What happens if the company does not turn up to the conciliation hearing?
- The record (acta) states that it did not attend, and you can go ahead with your claim. The company's absence does not harm you.
- Do I have to go in person if I don't speak Spanish well or I am away?
- We can attend on your behalf if you give us a power of representation, or go with you and explain everything in your language. That way you don't sign anything you don't understand.
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Tell us about your case.
A first conversation — confidential and without obligation — to understand whether we can help, and how.
We speak Spanish, Arabic, Tamazight (Berber), French and English.