Complete guide to the Spanish pre-claim labour conciliation hearing (SMAC/SIMA): when mandatory, how to request, what happens if the employer fails to appear, timelines, effects of agreement and exemptions.
Pre-claim conciliation is the mandatory attempt at extrajudicial resolution of a labour dispute required before filing a claim with the Labour Court (Art. 63 LRJS). It takes place before the SMAC (Mediation, Arbitration and Conciliation Service) in the province where the work was performed.
Conciliation is required before any Labour Court claim, with exceptions under Art. 64 LRJS: social security benefit claims (go directly to court), proceedings brought by the Labour Inspectorate, collective disputes, fundamental rights proceedings, and vacation claims.
The papeleta (conciliation request) interrupts limitation and forfeiture periods. For dismissal claims the forfeiture period is 20 working days, extremely short. Presenting the papeleta suspends this period until 15 working days after the conciliation attempt.
Conciliation is the key negotiation moment. The employer may offer reinstatement (for null dismissal) or compensation above the statutory 33 days/year for unfair dismissal. Any conciliation agreement has direct enforcement force without a court judgment (Art. 84.4 LRJS).
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