Conciliation request (SMAC) in Spain: how to file it step by step

You have been dismissed, or you are not being paid, or your conditions have been changed, and someone tells you: “you have to file a papeleta.” It is a short procedure, free of charge and compulsory in most cases, but it has deadline rules that make filing it late or wrongly one of the most expensive mistakes. Here is the whole procedure.

What it is and what it is for

The papeleta de conciliación (conciliation request) is a simple document with which you tell a public body that you have a dispute with your employer and that you want to try to reach an agreement. The body summons both parties to a conciliation hearing. If there is an agreement, the dispute ends there. If there is not, or the company does not turn up, you are given a record that proves you tried, and you can then file the claim with the Juzgado de lo Social (Labour Court).

It is required for dismissals, claims for money owed, substantial changes to conditions and other individual labour proceedings. It is not needed in some cases, such as Social Security proceedings, proceedings for the protection of fundamental rights or challenges to administrative acts. If in doubt, file the papeleta: you lose nothing and you avoid having your claim rejected for lack of the procedure.

The deadline: what it suspends and what it does not

In a dismissal, the period to act is 20 working days from the day after the dismissal. Filing the papeleta suspends that period: the clock stops on the day you file it and resumes when the hearing is held or when 15 working days pass without it being held, whichever comes first.

An example with numbers:

With the 5 days already used, you have 15 left to file the claim from the day after the record. If you had filed the papeleta on day 19 of the 20, you would have a single day left to sue. File the papeleta as early as possible, and see how the 20 working days are counted.

For claims for money owed (salary you are owed), the papeleta suspends the one-year limitation period in article 59 of the Workers Statute.

What you need before you start

Gather these details and documents, so you do not have to stop halfway through the form:

1. Your details: name, DNI or NIE, address, phone and email.
2. The company’s details: company name or the employer’s name, CIF (tax ID) and address of the workplace or registered office. You will find them on your payslip or contract.
3. Employment details: start date, category, salary and workplace. Your payslip will do.
4. The event you are claiming for: in a dismissal, the date and how it was communicated to you. If you have a letter, attach it.
5. What you are asking for: in a dismissal, a declaration that it is unfair, or void if applicable, and either reinstatement or severance. In a claim for money owed, the sum owed to you with the item it relates to.

If you do not know the company’s exact name, you can check the Registro Mercantil (Commercial Register) or ask the workers’ representatives. A papeleta against the wrong company can be corrected, but it costs time.

Where and how to file it

It is filed with the mediation, arbitration and conciliation service of your autonomous community. The name changes: SMAC, UMAC, Tribunal Laboral, conciliation service of the labour department… They all do the same thing. Almost all have a form on their website, with online filing (digital certificate or Cl@ve) and the option to file in person.

Usual steps:

• Search for “papeleta de conciliación” on the website of your community’s labour department.
• Fill in the form with the details above and describe the facts clearly and plainly.
• File the papeleta and keep the receipt with the date. That date is the one that suspends the period.
• You will receive a summons with a day and time. It is sent to you and to the company.

If you do not have a digital certificate, you can go in person with your DNI. And if you do not know how to describe the facts, a union or the service itself will help you at no cost.

The conciliation hearing

The hearing is held before a civil servant, within the following 15 working days. It can be in person or by video call. You do not need a lawyer, although you can bring someone with you. The civil servant listens to both parties and suggests whether an agreement is possible. It can end in four ways:

• With agreement (con avenencia): there is an agreement. It is recorded in the minutes and can be enforced like a court ruling. Before accepting, check the amount with how to calculate severance for unfair dismissal.
• Without agreement (sin avenencia): there is no agreement. You are given the record and you can sue.
• Attempted without effect: the company does not appear. It is the same for procedural purposes: you can sue.
• Withdrawal (desistimiento): if you do not go, it is closed and it is not deemed attempted for you. If you cannot attend, give notice and ask for a postponement.

If the company does not appear, you will still have the record proving the attempt, with which to file the claim. If the company fails to appear without justified cause and then loses the trial, the law provides that a fine and costs can be imposed.

The most common mistakes

• Waiting until the last day. Filing it on day 19 of 20 leaves you with one day after conciliation. The prudent course is to file it in the first week.
• Getting the company’s name wrong. If you make a mistake, ask to correct it before the hearing.
• Not keeping the receipt. It is your proof that you suspended the period.
• Signing an agreement without doing the numbers. What counts is the amount that is agreed, not the one that seems reasonable at the time.
• Forgetting unemployment benefit. You have 15 working days from the termination to apply for it, and conciliation does not suspend that period.
• Not attending the hearing without giving notice. It is closed without effect and can leave you without a record.

Common cases

I do not know my company’s full name. It is more common than it seems. The trade name (“Bar Pepe”) does not always match the company’s name (“Hostelería Pepe S.L.”). Look for it in your contract, your payslip or the company certificate. If you do not have them, check your vida laboral (work history record) and the CIF, or ask the workers’ representatives. If the papeleta is filed against the wrong name, it can be corrected, but it is better to get it right the first time.

My company has closed. You can still file the papeleta, against the owner or the company. If there is insolvency proceedings (concurso de acreedores), the procedure may change and the claim goes through the insolvency. In that case, FOGASA (the wage guarantee fund) may also become involved.

I worked for a subcontractor. You can claim against your direct employer and, in some cases, also against the main company, which may have joint liability. Name both in the papeleta if you are in doubt, and consult a union.

I am claiming several things at once. You can combine the dismissal and the money owed to you in one papeleta, stating each item. But remember that each claim has its own deadline: 20 working days for the dismissal, one year for the money owed.

I work in Catalonia, the Basque Country or another community with its own service. The body changes (Departament d’Empresa i Treball, PRECO, etc.), but the procedure is equivalent. Look for your community’s service on its electronic office and check the form.

Model wording for the facts

The hardest part is describing what happened. A clear, plain wording:

Facts: The claimant has worked for the company since [date], in the category of [category] and on a salary of [amount] euros gross per month. On [date], the company informed them [verbally / by letter] of their dismissal with effect from [date], without any cause that justifies it. It is requested that the dismissal be declared unfair and that the company be ordered to reinstate them or to pay the corresponding severance.

For a claim for money owed: “The company owes the payslips for [months], in the amount of [amount] euros gross, plus default interest.” Less is more: you give the details at the hearing.

What to bring to the conciliation hearing

• DNI or NIE and a copy of the papeleta with the proof of filing.
• Contract, latest payslips and vida laboral.
• Dismissal letter, if there is one, or evidence of the verbal dismissal.
• The calculation of what you are claiming. A sheet with your length of service, daily salary and the sum saves you from improvising.
• If you bring someone with you, that person’s details.

Questions that come up again and again

• What if the company offers to pay less? You can reject it. If there is an agreement, it is final; if not, you have the record to sue. Do not accept out of tiredness.
• Can I withdraw? Yes, withdrawing the papeleta is possible, but the period has already run. Think about it first.
• How much does it cost? Conciliation is free. Costs arise if you hire a lawyer or court representative, who are not compulsory at this stage.
• What if the company does not receive the summons? An attempt is made to notify it; if that fails, it can be declared attempted without effect. Check that the address is correct.

What I would do

I would file the papeleta in the first two or three working days, even if I did not yet have the amount clear. A well-filed papeleta can be corrected; a lost deadline cannot. I would always ask for the receipt, keep it in my email and on my phone, and take to the hearing my payslip, my contract and the calculation of what I am owed. If the company proposes a lower amount, I would ask for a day to think about it: most civil servants allow it, and a signed agreement cannot be undone.

Where to go next

If the dismissal was verbal, see what to do about a verbal dismissal. If you have a letter, check that it meets the requirements in what a dismissal letter must say. And to calculate what you could collect, the severance pay calculator.