Conciliation Hearing. Dismissal. Employment Law.
The Conciliation Hearing: What is it?
The conciliation hearing is an administrative procedure carried out before specialized bodies of the Autonomous Communities, through which employers and employees are encouraged to reach an agreement before resorting to the Courts. The purpose is to prevent litigation and thus avoid excessive conflict in the processes of termination of employment relationships.
Is the conciliation hearing mandatory in case of dismissal?
Yes, it is mandatory; and it is legally regulated in article 63 of the LRJS (Law Regulating Social Jurisdiction).
Is the conciliation hearing free of charge?
Yes, it is free of charge; no fees or prices are to be paid to the Competent Administration.
Where is the conciliation hearing processed?
This conciliation hearing is processed in the conciliation or labor relations services that each Autonomous Community has, usually depending on the General Directorate of Labor of the regional administration.
How is the conciliation hearing procedure initiated?
This conciliation hearing is initiated by means of a document known as a “Conciliation Request Form.” It can be drafted by the employee or their lawyer, or by filling out one of the forms provided by the Autonomous Administration for workers.
After drafting the Conciliation Request Form, it must be submitted to the corresponding body of the Autonomous Community.
What is the deadline for initiating labor conciliation?
The deadline is twenty working days for dismissals (excluding Saturdays, Sundays, and holidays). In the case of wage claims, the deadline is one year.
However, it is advisable to submit it as soon as possible and not to exhaust the deadlines.
What happens once the conciliation request form has been filed?
Once the Conciliation Request Form is filed, the Conciliation Service or Center sends a copy to the company and sets a day and time for the conciliation hearing. Frequently, the administrative body provides the applicant with the day and time at the moment the conciliation request form is submitted.
Can I delegate attendance at the conciliation hearing?
Yes, it is possible. This can be done through a notarial power of attorney or an administrative power of attorney before the same body that will process the Conciliation Hearing.
Who presides over the conciliation hearing?
They are not judges; they are conciliation lawyers who are experts in the field, who will draft the Official Record and attest to what happens therein.
What can happen at the conciliation hearing? How can it end?
The Hearing can end in the following ways:
Withdrawal, when the worker does not appear or, if present, states that they do not wish to continue with the procedure.
Without Effect, when the company does not appear.
Agreement, when both parties reach an agreement.
No Agreement, when both parties do not reach any agreement; in such a case, the worker must file a lawsuit before the Courts of Justice.
Is the agreement reached in a conciliation hearing binding on the parties?
Yes, it is binding and has the same legal force as a judgment, so, in the hypothetical case of non-compliance, one can go to the Courts to request its enforcement.
Be careful in cases where companies are insolvent or may enter bankruptcy proceedings, as agreements in the conciliation record, if the company later fails to comply, are not covered by Fogasa (Wage Guarantee Fund). In such cases, it is recommended to pursue legal action before the Courts and not to close agreements before the Conciliation Body.
Is legal assistance from lawyers mandatory?
It is not mandatory but highly recommended. Labor law is complex; interpreting regulations, the Workers’ Statute, applicable Collective Bargaining Agreements, and calculating compensation amounts or due wages is not always easy. An employment lawyer is a specialist in the field, familiar with the procedures, as well as the precise law to protect the interests of their client.
Furthermore, a correct drafting of the Conciliation Request Form is very important, as this can condition subsequent legal actions, as established by Article 80 of the LRJS.
Conciliation Request Forms.
Important Note:
It is advisable to reiterate the complexity of labor law, as well as to define the legal situation of dismissal or calculate compensation amounts or due wages. The correct drafting of the Conciliation Request Form can determine the success of legal actions, so expert advice in labor law is recommended.Update: State of Alarm due to the COVID-19 Health Crisis. Deadlines: Suspension.
State of Alarm and Conciliation Hearing
Royal Decree 463/2020 of March 14, updated by Royal Decree 465/2020 of March 17, provides in the second additional provision of the former for the suspension of all procedural deadlines in the following terms:
“Terms are suspended, and deadlines provided for in procedural laws for all jurisdictional orders are suspended and interrupted. The calculation of deadlines will resume when this royal decree or, where applicable, its extensions cease to be in force.”
It continues by excepting some judicial processes of special urgency from the above, such as habeas corpus, trials with provisional prisoners, or those involving the protection of minors’ rights.
Since the labor procedure for dismissal claims is not among these exceptions, it is affected by the general suspension. Therefore, as these procedures are suspended, it is not possible to file dismissal lawsuits or the corresponding conciliation request forms.
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