If you are involved in a workplace dispute in Spain, whether you have been dismissed, your contract has ended in a way you disagree with, or you are owed money, you usually cannot go straight to court. Spanish law requires an attempt at conciliation first, a step designed to resolve the conflict quickly without a lawsuit.
This requirement is set out in Articles 63 to 68 of Law 36/2011, of October 10, on social jurisdiction, and Articles 4 to 11 of Royal Decree 2756/1979. These rules assign the job of running conciliations to the CMAC, the Center for Mediation, Arbitration, and Conciliation, which has an office within each Territorial Delegation.
The CMAC handles individual cases, meaning disputes between one worker and their employer. A separate body, SERCLA (the Extrajudicial Service for the Resolution of Labor Conflicts), deals mainly with disputes tied to collective agreements. Since 2009, SERCLA has also taken on some individual claims, particularly ones involving:
- Professional classification
- Functional mobility
- Being asked to do work above or below your job category
- Substantial changes to your working conditions
- Transfers and relocations
- Vacation periods and leave
- Reduced working hours or permits, including for caring for children or family members
When is conciliation mandatory?
You must attempt conciliation at the CMAC before taking your case to court in situations such as:
- Dismissals
- Contract terminations
- Claims for money owed
- Actions to have a right formally recognized
- Sanctions connected to a dismissal
What this means for you
This mandatory first step exists to give both sides a real chance to settle things quickly, without the time and cost of a full court case. If conciliation succeeds, the matter is resolved there and then. If it does not, you are then free to take your claim to the Social Court. Either way, skipping this step when it is required can hold up your case, so it is worth confirming with a lawyer whether your particular situation needs it before filing anything.
