In today’s article we are going to analyze what the Mediation, Arbitration and Conciliation Service is and what it is for; how we can access this service offered by the Administration through the conciliation ballot; and if it is necessary to go in all cases to the beginning of this way of conflict resolution prior to the judicial process. To begin with, it is necessary to clarify that in the Social (labor) Jurisdiction, on numerous occasions, workers are obliged to exhaust the administrative procedure, which is prior to the initiation of legal actions, through the presentation of the corresponding claim. This prior administrative procedure is, in short, the “Conciliation Act” that seeks to reach an agreement between the employer and the worker in the event of a labor claim in order to avoid the initiation of legal actions. The Mediation, Arbitration and Conciliation Services dependent on each Province are the bodies in charge of holding these acts of labor conciliation prior to judicial proceedings. Conciliations are acts with few formalities, it is not necessary to go to a lawyer, although it is always recommended; The objective of conciliation is to achieve an agreement between the parties, either partial or complete, on the object of the claim. The only consequence if no agreement is reached is that the claim must continue before the Social Jurisdiction. How can I access this Public Service? Well, simply by filling in a form offered by the Conciliation Service of our province, which is known by the name of “Conciliation Ballot” and submitting said form or ballot to the same body that has provided it to us. There are different ways to present the ballot:
  • Presential presentation of the conciliation ballot. We will have to go to the Conciliation Service of our province (currently by appointment) with the original of the ballot, a copy for the Conciliation Service and as many copies for the rest of the opposing parties.
  • Telematic presentation of the conciliation ballot. Another formula, if we have a digital signature, would be to present the ballot on the website of the Conciliation Service of our province. In this case, it will be enough to complete the form and follow the steps indicated by the web.
  • Presentation of the ballot by Administrative Mail. This route is the most unknown for those interested, and it is as simple as going to any Post Office with the original along with the copies of the conciliation ballot and requesting the method of delivery known as Administrative Mail, in this case the mail will be sent to the address where the corresponding Conciliation Service is located.
To finish, we are going to refer to what situations we are obliged to present the conciliation ballot and exhaust this administrative procedure that we are analyzing, not without first remarking that while the worker is obliged to attend this act of labor conciliation, there is no such obligation For the company, who may not show up on the day the act is set, just as none of the parties has the obligation to reach an agreement if it is believed that it is harming them in any way. Every worker is obliged to submit to administrative conciliation for labor claims that have as their object:
  • Disciplinary Sanctions.
  • Claims for quantity.
  • Recognition of rights.
  • Professional classification.
  • Contract resolution at the request of the worker.
  • Collective disputes.
Carlos Sanchez Torralba Lawyer specialized in Labor Law at Matilla & Blay Associates