The labor conciliation ballot is a mandatory administrative document where a worker requests to solve a conflict he has with the employer company. It is presented to the Administration with the intention of starting the conciliation act to reach an agreement with the company and thus avoid a possible legal procedure.
In this way, the ballot can be used to initiate a conciliation act due to dismissal, compensation, claim for amount, overtime, work accidents, irregular situations, challenge of a sanction, among others.
It should be noted that you cannot go to court to file a lawsuit without first submitting the conciliation ballot and without having held the conciliation act. The objective of this conciliation, as indicated above, is to try to reach an agreement between the company and the employee without the intervention of a judge being necessary.
Given this, who is available to request the conciliation ballot? Well, any worker -or his legal representative- who considers that his employer has carried out an irregular action towards his person. In case of presenting the ballot, a certain number of copies must be delivered that will depend on the number of interested parties in the process. The minimum is four copies:
Regarding the specific requirements, since it is an administrative document, the conciliation ballot must meet a series of formalities. The basic information that it must contain is the identification data of each party (plaintiff and defendant), such as the DNI or NIE of the worker and their address, CIF of the company and registered office.
The nature of the labor relationship of the worker with the company must also be specified: type of work performed, place, professional category, employment contract (temporary or indefinite), seniority, salary, other remuneration, application agreement, and a long etc.
Finally, an orderly, clear and specific enumeration of the facts raised and the claim must be recorded. In case of contesting a dismissal, its effective date and cause that justifies it. In this sense, the worker, when he delivers the conciliation ballot, does not have to communicate more with the company. From that moment on, the regional conciliation service itself will be in charge of notifying the company in question.
The labor conciliation process is an administrative procedure whose competence is ceded to the autonomous communities, so the names in each autonomous community may be different, the most common name being the SMAC, Mediation, Arbitration and Conciliation Service.
The presentation of the ballot can also be done in writing before the Autonomous Conciliation Service or electronically with an electronic signature. Therefore, it will be the Regional Service who will quote you giving you a date and time to try to reach an agreement with the company.
