Papeleta de Conciliación in Spain: A Guide for Expats

🇪🇸 Read the original in Spanish

The Spanish labour market has guarantee mechanisms designed to resolve conflicts between employers and employees as quickly and with as little litigation as possible. Before going to court and saturating the Juzgados de lo Social (Social Courts), Spanish legislation imposes a mandatory prior step in the vast majority of cases: an attempt to reach an agreement by filing a papeleta de conciliación (conciliation petition). This document, which often generates doubts and fear among foreign workers and residents in Spain, is actually a fundamental legal tool to defend labour rights in an agile, effective manner and with full legal guarantees.

What is the papeleta de conciliación laboral?

The papeleta de conciliación is the written document through which a worker or an employer formally requests a mandatory administrative conciliation hearing. This procedure seeks to have both parties (company and employee) reach an amicable agreement before a neutral public body, thus avoiding having to hold a trial before the Juzgados de lo Social.

The regulatory framework governing this procedure is mainly found in Ley 36/2011, de 10 de octubre, Reguladora de la Jurisdicción Social (LRJS) (Law 36/2011, of October 10, Regulating Social Jurisdiction). Specifically, its Article 63 establishes, as a general rule, the obligation to attempt conciliation or mediation prior to judicial proceedings. Likewise, the Estatuto de los Trabajadores (Workers' Statute, approved by Real Decreto Legislativo 2/2015, de 23 de octubre), protects the substantive rights claimed through this channel, such as dismissals, modifications of working conditions, or salary debts.

The public body responsible for managing this procedure is the Servicio de Mediación, Arbitraje y Conciliación (Mediation, Arbitration, and Conciliation Service), known by its acronym SMAC (or equivalent names depending on the Autonomous Community, such as the CMAC in Andalusia, the SAMA in Aragon, or the UMAC in other regions).

When is it mandatory to file it and when is it exempt?

As a general rule, filing the papeleta de conciliación is an indispensable procedural requirement. If a worker files a lawsuit directly without having attempted this prior step, the court will declare the lawsuit inadmissible until this defect is corrected.

However, the LRJS in its Article 64 establishes important exceptions in which it is not mandatory (and is even prohibited) to file the papeleta de conciliación, allowing parties to go directly to court. These exceptions are:

• Processes dealing with social security (claims against the INSS, TGSS, etc., which are governed by a prior administrative claim).
• Challenging collective dismissals by workers' representatives.
• Processes relating to the enjoyment of annual leave (vacations).
• Electoral matter processes.
• Procedures for geographical mobility and substantial modification of working conditions (when the action to terminate the contract is exercised).
• Processes for the reconciliation of personal, family, and work life (reconciliation and breastfeeding rights).
• Processes on the protection of fundamental rights and public freedoms (such as cases of workplace harassment or serious discrimination).

For monetary claims (unpaid salaries, finiquito or settlement agreements), individual dismissals, disciplinary sanctions, or general rights claims, the papeleta de conciliación is strictly mandatory.

Legal deadlines: The most critical factor

In Spanish labour law, deadlines are extremely short and subject to caducidad (forfeiture/expiration). An error in calculating the days can mean the irreversible loss of the right to claim.

1. The deadline for dismissals and sanctions

If you have been dismissed or sanctioned, the deadline to file the papeleta de conciliación is 20 business days (Saturdays, Sundays, and national, regional, or local public holidays do not count).

This period begins to count the day after the effective date of the dismissal. Filing the papeleta de conciliación suspends the running of this 20-day period. The period resumes the day after the conciliation is attempted or after 15 business days have elapsed since the filing without the hearing being held.

2. The deadline for monetary claims

If the company owes you salaries, overtime, or salary differences, the statute of limitations is 1 year (365 days) from the day on which said amount should have been received. In this case, filing the papeleta de conciliación interrupts the period (the clock resets to zero), unlike the suspension that occurs in dismissals.

Practical example of calculating deadlines and amounts

To better understand how deadlines and the economic impact of this procedure work, let's analyze the case of two workers:

Example 1: Carlos's dismissal

Carlos works as a web developer and is dismissed on Friday, March 1, 2024 (effective date of dismissal). His 20 business day deadline to claim starts counting on Monday, March 4, 2024.

• Carlos files the papeleta de conciliación on Monday, March 11, 2024. 5 business days of his deadline have elapsed. He has 15 business days left.
• The filing suspends the deadline clock.
• The conciliation hearing before the SMAC is held on Monday, March 25, 2024 without an agreement (result "sin avenencia" / without agreement).
• The 20-day period resumes on Tuesday, March 26, 2024. Carlos has exactly 15 business days left to draft and file the lawsuit before the Juzgado de lo Social.

Example 2: Elena's monetary claim

Elena is a receptionist and her company did not pay her the summer extra pay of €1,200, which she should have received on June 30, 2023.

• Elena has until June 30, 2024 to claim this money (one-year statute of limitations).
• She files her papeleta de conciliación on May 15, 2024. Upon filing, the one-year period is interrupted.
• If the conciliation hearing ends without an agreement, the one-year period to sue starts counting from the beginning again (365 new days starting the day after the conciliation hearing), giving her a very wide margin to prepare her lawsuit.

How to draft and file the papeleta de conciliación: Step-by-step

The drafting of the petition is free-form, but it must obligatorily and clearly contain a series of details to be admitted and produce the desired legal effects.

Step 1: Identification of the parties

You must include your full personal details: name, surname, DNI/NIE, address for notification purposes, telephone number, and email address. Likewise, you must precisely identify the defendant company: full corporate name (e.g., Empresa S.L.), its C.I.F. (tax identification number), registered office, economic activity, and the workplace where you provide services.

Step 2: Employment relationship and working conditions

It is essential to describe your relationship with the company, detailing:

• The seniority date in the company (start date of the contract).
• The professional category or actual duties you perform.
• The gross monthly salary (including the pro-rata share of extra payments) and the daily salary.
• The type of working day (full-time, part-time, etc.).

Step 3: Facts motivating the claim

You must narrate what happened in an orderly and chronological manner. If it is a dismissal, explain when and how you were notified and the reasons alleged by the company. If it is a monetary claim, break down month by month or concept by concept the exact amounts owed to you (for example: "January 2024 salary: €1,500; February 2024 overtime: €300").

Step 4: Petition or "Suplico"

This is the final part of the document where you formally request what you wish to obtain. For example: "That the dismissal be declared unfair with the corresponding compensation of €12,500" or "That the company be ordered to pay the amount of €1,800 plus the 10% late payment interest provided for in Article 29.3 of the Estatuto de los Trabajadores".

Step 5: Filing the document

Once drafted and signed, the papeleta must be filed with the registry of the SMAC of the province where the services are provided or where the company's registered office is located (at the worker's choice).

• Online filing: Nowadays, almost all Autonomous Communities allow online filing using a digital certificate or Cl@ve PIN. It is the fastest and most recommended method.
• In-person filing: Presenting physical copies (usually 3 to 4 copies are required: one for the SMAC, one for the company, one stamped copy for you, and an additional one if there are more defendants).

What happens at the conciliation hearing? The possible outcomes

Once the papeleta is filed, the SMAC will summon both parties (worker and company representative) to appear on a specific day and time. The hearing is held before a Letrado Conciliador (conciliation clerk) or a public mediator.

In that meeting, the following scenarios may occur:

1. Con avenencia (With agreement): Company and worker reach an agreement. A minute (acta) is drafted detailing the terms of the pact (for example, the payment of an amount within a specified period). This agreement has executive force, which means that if the company does not pay what was agreed, the worker can go directly to court to request the seizure of the company's assets without the need for a trial.
2. Sin avenencia (Without agreement): The parties appear but fail to agree on the amounts or the classification of the dismissal. The acta is signed "without agreement" and the judicial path is cleared to file the lawsuit.
3. Intentada sin efecto (Attempted without effect): The worker appears, but the company, having been duly summoned, does not show up. The hearing is terminated. If the worker subsequently wins the trial, the judge can impose a fine on the company for recklessness or bad faith, in addition to forcing it to pay the costs of the proceedings (fees of the worker's lawyer or graduado social (labour relations specialist) up to a quantitative limit).
4. No presentado (Not presented): If the worker who filed the petition does not appear at the hearing without a duly justified cause, they will be deemed to have withdrawn their claim, and the file will be archived.

Mistakes to avoid when filing the papeleta de conciliación

Making a mistake in this procedure can weaken your legal position or, in the worst-case scenario, cause you to lose the right to claim. Always avoid the following:

• Miscalculating the deadlines: Confusing business days with calendar days or failing to take into account the local holidays of your municipality can lead to filing the papeleta out of time, causing the dismissal action to expire.
• Failing to identify the company correctly: Indicating the commercial name of the company instead of its real corporate name (the one that appears on your payslips or employment contract) can invalidate the summons and delay the entire process.
• Omitting relevant facts in the drafting: There is a principle of correspondence in labour law. You cannot add substantially different facts in the subsequent court lawsuit that you did not previously mention in the papeleta de conciliación, unless they are new facts or facts known after the filing.
• Forgetting to claim late payment interest: In monetary claims, forgetting to claim the 10% annual late payment interest established by the Estatuto de los Trabajadores means giving away a legitimate economic right.

Frequently Asked Questions (FAQ)

Do I need a lawyer to file the papeleta de conciliación?

No, legally it is not mandatory to appear with a lawyer, procurator, or graduado social at the conciliation hearing or to draft the papeleta. You can do it yourself. However, it is highly recommended to have professional advice from the very beginning, as what you write in the papeleta will limit what you can claim later in court.

What happens if the company signs the agreement but then does not pay me?

The conciliation minute "con avenencia" has direct executive force. If the company breaches the agreement and does not pay you within the agreed period, you do not have to start a trial from scratch. Your lawyer will file a demanda de ejecución de título no judicial (lawsuit for enforcement of non-judicial titles) before the Juzgado de lo Social so that the judge can proceed directly to seize the company's accounts or assets to cover the debt.

Is the dismissal compensation agreed upon at the SMAC subject to tax?

No. According to the IRPF (Personal Income Tax) Law in Spain, mandatory dismissal compensation (up to the legal limit established in the Estatuto de los Trabajadores of 33 or 45 days per year worked, depending on the date of the contract, with the corresponding cap) is exempt from IRPF, provided that it has been agreed upon and ratified in the administrative conciliation hearing before the SMAC or through judicial channels. Purely private and friendly agreements "in the office" between the company and the worker do not enjoy this tax exemption.

Can I file the papeleta if I am on medical leave (IT)?

Yes, absolutely. Being on medical leave due to incapacidad temporal (temporary disability) does not suspend your labour rights or the deadlines to claim against a dismissal or non-payment. If you cannot physically attend the conciliation hearing due to your health status, you can grant a power of attorney (a notary power of attorney or a free apud acta power of attorney at the court) to a relative, lawyer, or graduado social to appear and sign on your behalf.

In summary

• The papeleta de conciliación is a prior and mandatory step for most labour disputes in Spain before going to court.
• The deadline to file it in case of dismissal or sanction is 20 business days, which is temporarily suspended after its filing.
• To claim salary debts, the deadline is 1 year and the filing of the papeleta interrupts the statute of limitations, restarting the count.
• The hearing is held before the SMAC (or regional equivalent) and can end with an agreement (avenencia) or without one (sin avenencia).
• An agreement reached at the SMAC is binding, has executive force, and guarantees the tax exemption of the dismissal compensation.

General legal information, not personalised legal advice. For your specific situation, ask your question for free at AbogadoAI — answers grounded in Spanish law (BOE), in English.

This is general information, not legal advice. Verify on the BOE or consult a lawyer for your specific case.