Labor Conciliation and SMAC

Mandatory Prior Conciliation

Art. 63 of Law 36/2011 (LRJS, Social Jurisdiction Act) requires mandatory conciliation before an administrative service prior to filing a labor lawsuit.

Purpose

To avoid litigation when the conflict can be resolved by agreement, and to relieve the heavy caseload of Social Courts.

Exceptions (Art. 64 LRJS)

Prior conciliation is not required for: Social Security proceedings, fundamental rights protection, collective agreement challenges, claims against public employers, geographic mobility and substantial modification of working conditions, ex officio proceedings, and arbitral award annulment.

SMAC and Regional Services

The SMAC (Mediation, Arbitration and Conciliation Service) is the body managing prior conciliations in Madrid. Other regions have equivalent services (CMAC in Catalonia, ORECLA in Navarra, etc.) with the same function.

Procedure

1. Filing the conciliation form: Identifies parties, sets out facts and formulates the claim. No lawyer required.
2. Summons: The service calls both parties within approximately 15 days.
3. Conciliation hearing: Possible outcomes: agreement (enforceable title under Art. 68 LRJS), no agreement (opens judicial path), or attempted without effect (one party absent).

The Conciliation Form

Minimum content: applicant data, defendant company data, chronological facts, specific claim (reinstatement, severance, amount owed), date and signature.

Effects of Filing

Filing suspends limitation periods (caducidad): the period resumes the day after the conciliation attempt. For prescription periods, filing interrupts the deadline, which restarts in full after the conciliation attempt.

Judicial Conciliation (Art. 84 LRJS)

Once a lawsuit is filed, the judge convenes a judicial conciliation hearing at the start of the oral trial. If the parties reach agreement, the judge issues an order approving it with the effect of a final judgment.

Intra-judicial Mediation

Some Social Courts offer intra-judicial mediation, where a mediator (different from the judge) facilitates negotiation during pending proceedings. More flexible than conciliation, allowing individual sessions with each party. Not uniformly regulated.