Advice for procedures before the SMAC: Mediation, Arbitration and Conciliation Service
Patrick Gordinne Perez2025-01-26T09:04:21+00:00The Mediation, Arbitration and Conciliation Service, better known as SMAC, is an administrative body responsible for mediating labour disputes between workers and companies. It is a mandatory preliminary step in most cases before going to court, and is a key tool for resolving disputes quickly and efficiently. The main purpose of the SMAC is to reach agreements that benefit both parties, thus reducing the burden that labour disputes could generate in court.
The SMAC acts as a neutral space where employers and employees can dialogue with the aim of reaching an agreed solution. Disputes that reach the SMAC usually revolve around dismissals, wage claims, substantial modifications of working conditions or disciplinary sanctions.
What types of disputes are dealt with in the SMAC?
The SMAC has jurisdiction over a wide range of labour disputes, establishing itself as a resource to which both employees and employers can turn to resolve disagreements. Among the most common cases are
- Dismissals: When a worker is dismissed and does not agree with the cause alleged by the company or considers the dismissal to be unfair. The SMAC acts as mediator to determine whether there is a possibility of agreement, either through compensation or reinstatement.
- Wage claims: This type of conflict occurs when the employee does not receive the salary he/she is entitled to or there are discrepancies over payments. This may involve wages, overtime, overtime or other financial items.
- Changes in working conditions: Substantial changes in working conditions, such as salary reductions, changes in working hours, changes in duties or changes in the workplace, are also grounds for going to the SMAC.
- Disciplinary sanctions: Sometimes companies apply disciplinary measures that workers consider unjustified or disproportionate. In these cases, the SMAC seeks to mediate between the two parties to resolve the conflict without the need to go to court.
- Other disputes: Other types of disputes related to employment rights can also be brought to the SMAC, such as problems with holidays, sick leave, breaches of contract or disagreements in the application of collective agreements.
The SMAC is a widely used channel, as it allows these situations to be dealt with quickly and with lower costs, both financial and emotional, than court proceedings.
How does the SMAC process work?
The process at the SMAC is designed to be streamlined and accessible, allowing both parties the opportunity to present their arguments and seek an agreement with the support of an impartial mediator. It all starts with the presentation of the papeleta de conciliación, a document detailing the conflict and the demands of the worker or the company. This document is presented to the corresponding SMAC, depending on where the service was provided or where the company’s headquarters are located.
Upon receipt of the paperwork, the SMAC sets a date for the conciliation meeting, notifying both parties to attend the meeting. At this meeting, the SMAC mediator acts as a facilitator of dialogue, helping the parties to negotiate constructively and explore possible solutions. During the process, the parties may be accompanied by legal advisors or trade union representatives to support them in defending their interests.
If an agreement is reached between the two parties, a settlement agreement is drawn up, which is binding and prevents the dispute from going to court. However, if an agreement is not reached, the SMAC issues a “acta sin avenencia”, which allows the claimant to take the case to the social court.
Advantages of resolving disputes in the SMAC
The SMAC offers numerous advantages for both workers and companies, as its main objective is to facilitate an amicable resolution of labour disputes. One of the most important advantages is the speed of the process. Compared to a labour court case, which can take months or even years, the SMAC allows the dispute to be resolved in a few weeks. This time saving is of particular benefit to companies, which can avoid a prolonged situation of uncertainty.
Another important advantage is the reduction of costs. Taking a case to court involves costs for lawyers, solicitors and fees, in addition to the time invested in the process. The SMAC, on the other hand, allows the conflict to be resolved economically, as it does not generate significant costs for the parties. Moreover, as it is a mediation space, the solutions reached are usually less traumatic and allow the relationship between worker and employer to be preserved.
Confidentiality is also one of the great advantages of the SMAC. Agreements reached are not made public, which protects the image of both parties. This is especially important for companies, which can avoid reputational damage resulting from a labour lawsuit. Finally, the SMAC offers the possibility of reaching personalised agreements, adapted to the needs of each case, something that is not always possible in court, where resolutions are more formal and standard.
Asesoría Orihuela Costa, claims before the SMAC
At Asesoría Orihuela Costa, we understand that facing a labour dispute can be a complex process, that is why we offer a comprehensive service of advice and representation before the SMAC, designed to protect your interests and ensure a quick and effective resolution.