Conciliation in the Spanish Labor Jurisdiction

Conciliation in the Spanish Labor Jurisdiction: An Effective Tool for Conflict Resolution

In the workplace, with the aim of reducing the number of legal proceedings, the requirement for a conciliation attempt between parties before filing a lawsuit has become a traditional practice in the Spanish legal system.

Preceding mandatory conciliation is currently governed by Articles 63 to 68 of Law 36/2011, of October 10, on social jurisdiction, and Articles 4 to 11 of Royal Decree 2756/1979, which entrusts certain functions to the CMAC (Center for Mediation, Arbitration, and Conciliation).

The CMAC manages individual cases for each worker, while the SERCLA (Extrajudicial Service for the Resolution of Labor Conflicts) focuses on issues related to collective agreements. Since 2009, some individual claims have also been included within SERCLA’s scope, particularly in cases related to:

• Professional classification

• Functional mobility

• Work of higher or lower category

• Substantial modification of working conditions

• Transfers and displacements

• Vacation periods and leaves

• Permits and reductions in working hours, including caregiving responsibilities for children and relatives

Mediation, Arbitration, and Conciliation Centers (CMAC)

In the event of labor disputes, whether individual or collective, it is crucial to explore extrajudicial solutions that allow for swift and effective conflict resolution. This goal is pursued through the actions of the Mediation, Arbitration, and Conciliation Centers (CMAC) located within each Territorial Delegation of this Department.

Cases Requiring Mandatory Prior Conciliation

In certain situations, conciliation at the CMAC is mandatory before pursuing judicial avenues. These situations include:

• Dismissals

• Contract terminations

• Claims for amounts owed

• Declaratory actions for rights

• Dismissal-related sanctions

The mandatory prior conciliation is regulated by Articles 63 to 68 of Law 36/2011, of October 10, on social jurisdiction, and Articles 4 to 11 of Royal Decree 2756/1979, assigning specific functions to the CMAC.

This structured process ensures a faster and more efficient resolution of labor disputes, potentially avoiding the need for prolonged court cases.