A dismissed worker or one owed wages by their company may have to go through the Mediation, Arbitration and Conciliation Service before going to court. Properly submitting the form and keeping track of deadlines is especially important in dismissal cases.
Receiving a dismissal letter, a disciplinary sanction, or finding out that the company has not paid certain amounts can trigger a labour dispute. However, in many cases, the first step to claim does not involve directly filing a lawsuit with the Social Court.
In Madrid, there is a preliminary procedure specifically aimed at trying to resolve differences between workers and companies before reaching court.
This is the SMAC of Madrid (Mediation, Arbitration and Conciliation Service), an organisation where issues related to dismissals, disciplinary sanctions, wage claims, and recognition of certain labour rights can be processed.
For more detailed information about its operation, you can consult this guide on the SMAC of Madrid (Mediation, Arbitration and Conciliation Service).
What is the SMAC and what is it for?
The conciliation at the SMAC aims to give both the worker and the company the opportunity to reach an agreement before initiating legal proceedings.
It is, therefore, an extrajudicial route. The worker submits their claim, and the company can accept it, reject it, or propose an alternative solution during the conciliation meeting.
The Law regulating social jurisdiction generally establishes the attempt at conciliation or prior mediation as a requirement before processing certain labour procedures in court. However, there are procedures explicitly exempted from this requirement.
In practice, the SMAC is particularly known for claims arising from dismissals.
A worker who believes their dismissal is unlawful can submit a conciliation form requesting, for example, the recognition of the unfairness of the dismissal.
It can also be used for certain claims for amounts, such as unpaid wages, overtime, wage differences, or amounts corresponding to the severance pay.
The 20-day deadline after a dismissal
One of the most important issues is the time available to claim.
When challenging a dismissal, the general deadline is 20 working days from when it takes effect. Saturdays, Sundays, and public holidays are not counted. The Workers' Statute establishes this expiration period for exercising action against dismissal.
Therefore, it is important not to interpret those 20 days as if they were 20 calendar days.
Moreover, submitting the conciliation form affects the calculation of the deadline. The request for conciliation suspends the expiration period, which is then recalculated according to the terms established by the Law regulating social jurisdiction.
This has an important practical consequence: submitting the form does not automatically grant another full 20 days after the SMAC.
If, for example, 15 working days of the deadline have already passed before submitting the form, only the remaining part of the deadline will be left.
For this reason, letting days pass after receiving a dismissal letter can significantly complicate the claim.
The deadline for claiming wages is different
Not all labour claims have the same deadline.
In general, actions aimed at demanding economic amounts arising from the employment relationship have a deadline of one year from when they could be claimed, according to Article 59 of the Workers' Statute.
This may affect, for example, unpaid wages, certain wage differences, overtime, or amounts that the company should have paid.
The submission of the conciliation request also affects the limitation periods.
The first step: submit the conciliation form
To initiate the procedure, the so-called conciliation form must be submitted.
This is not simply a request for an appointment. This document must identify the parties and clearly explain the facts and what is being claimed.
The Community of Madrid requires the inclusion of the claimant's personal details and the details of the company or defendants, along with their corresponding addresses. Professional details such as the worker's category, seniority, and salary must also be indicated.
Then, the facts that give rise to the claim must be explained clearly and concretely.
If claiming a sum of money, the total amount must be specified and broken down by concepts. If it concerns a dismissal, the date on which it took effect and the reasons given by the company must be stated.
This part is particularly relevant because the form delineates the conflict that may later end up in court.
How to submit the SMAC form in Madrid
Currently, there are different ways to submit a conciliation form in Madrid.
One of them is to do it online through the SMAC Virtual Office. To access electronically, identification systems such as digital certificates, electronic ID, or Cl@ve can be used.
There is also the option to submit it in person. For individual requests, the Community of Madrid has SMAC registries, including those located at Calle Princesa, 5 and Calle Ventura Rodríguez, 7, as well as the Citizen Attention Office at Carrera de San Jerónimo, 13. The Administration recommends making an appointment in advance to avoid waiting.
Another option is to use other official registries or submit the documentation at a post office via administrative mail, according to the legally accepted mechanisms.
The submission of the procedure is not subject to payment of fees.
What documentation to bring on the day of conciliation
Once the form is registered, the worker and the company are summoned to hold the conciliation meeting.
The worker must attend punctually and prove their identity with original documentation, such as an ID card, passport, or, among other accepted documents, a residence permit.
If a representative is involved, that representation must be properly accredited.
The Community of Madrid accepts different mechanisms for granting it, including a notarial power of attorney, personal appearance before the SMAC, or certain electronic empowerment systems.
In addition to identification documentation, it is advisable to bring documents related to the labour conflict, such as the dismissal letter, payslips, contract, severance pay, or communications maintained with the company.
In complex claims, especially when a dismissal compensation or significant amounts are at stake, it may be advisable to review the claim beforehand with dismissal lawyers in Madrid, particularly due to the brevity of some labour deadlines.
What happens during the conciliation meeting
The objective of the meeting is relatively simple: to check if the worker and the company can reach an agreement that avoids court.
The parties present their positions and can negotiate a solution.
For example, after a dismissal, a company may acknowledge its unfairness and agree to pay a certain compensation. In a wage claim, it may agree to pay all or part of the claimed money.
If an agreement is reached, the SMAC record will reflect the outcome as “with agreement”.
The agreement has legal effects, and if later one of the parties does not comply with what was agreed, its enforcement can be requested before the Social Court.
What if there is no agreement?
Going to the SMAC does not mean that the worker and the company are obliged to reach an understanding.
If both parties attend but fail to reach an agreement, the record will reflect the outcome as “without agreement”. The worker can then continue their claim before the social jurisdiction, provided they respect the corresponding deadline.
It may also happen that the company does not attend. In that case, the meeting is recorded as “attempted without effect”, which also allows for continuing the judicial claim.
The situation is different if the worker who initiated the claim does not attend. According to information provided by the Community of Madrid, the file is archived, and it is considered as if the form had not been submitted. This can be particularly problematic when the deadline for claiming is close to expiring.
What if the SMAC takes time to hold the conciliation?
The worker should not assume that the judicial deadline is indefinitely paused until the Administration summons them.
The Law regulating social jurisdiction establishes that the calculation of an expiration period resumes the day after the conciliation is attempted or, if it has not yet been held, once 15 working days have passed since the submission of the request.
Moreover, if 30 working days pass without the meeting being held, the conciliation procedure is considered finished and the preliminary procedure completed.
This is one of the reasons why it is important to keep track of deadlines regardless of the date that the SMAC may assign.
Not all labour conflicts have to go through the SMAC
Although prior conciliation is very common, there are exceptions.
The Law regulating social jurisdiction allows direct access to the courts in certain procedures, including some related to Social Security, holidays, geographical mobility, substantial changes in working conditions, rights to reconcile personal, family, and work life, or protection of fundamental rights.
Therefore, before submitting a form, it is advisable to identify what type of procedure actually corresponds to the conflict.
A simple procedure, but with important consequences
The SMAC aims to provide an opportunity to resolve a labour conflict without the need for a trial.
When there is room for negotiation, the worker can get the company to acknowledge a debt, pay compensation, or reach another agreement that ends the conflict.
If an agreement is not possible, the conciliation will allow, in procedures where it is a prior requirement, to continue later before the Social Court.
The main risk lies in the deadlines. Especially after a dismissal, the 20 working days available to claim make it advisable to act from the very first moment, correctly calculate the time elapsed, and not confuse the submission of the form with an automatic extension of the deadline to go to court.
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