When a worker is fired by a company, they are presented with a settlement. However, when this is not right, the worker can use a labor conciliation ballot to sue the company.
Now, What is a labor conciliation ballot? What exactly is it for? In what situations can it be used? All of that is what we are going to talk to you about below.
What is a labor conciliation document?
The first thing you should know about the work-life balance ballot is its concept. It is a written document that is presented to the Autonomous Conciliation Service (Mediation, Arbitration and Conciliation Service (SMAC)) to carry out an act of administrative conciliation.
Actually, It is not a lawsuit but it is the intermediate step before going to court to try to reach an agreement between the worker and the company without legal lawsuits involved. If an agreement is not reached, it would be necessary to sue in court and, therefore, use judicial means.
What the labor conciliation ballot document should have
If at any time you need to complete a work-life balance form, you should know what to enter. In this case, the labor conciliation form does not need to be drawn up by a lawyer but you can do it yourself. But it is important not to leave anything out to avoid it not being done well (and causing problems about it).
Thus, The data that must be included are the following:
- Identification of the parties, with full name, address and DNI and CIF. Sometimes it is also convenient to include emails and telephone numbers.
- Description of the employment relationship. Here you must detail what activity you have been carrying out, what your employment contract was like, your working hours, whether you had seniority, the salary received, the applicable collective agreement...
- The facts. Next, you will have to explain the facts, that is, what motivated the presentation of the labor conciliation ballot.
- Presence or not of a lawyer. If you are assisted by a lawyer, the ballot must make it clear that this is the case. First, to specify that the ballot has been written and signed by a professional. And secondly, to notify that the worker will be accompanied by his lawyer to the conciliation ceremony.
- Date and signature of the worker.
Keep in mind that you must present several copies (if it is from company to worker, you will need four copies).
How much time do I have to present it?
A labor conciliation ballot You can't show up whenever you want.. The truth is that there is a deadline imposed by law to present it. Everything will depend on the reason for which it is carried out. For example:
- If it is due to a dismissal, you have 20 business days from the moment the dismissal becomes effective.
- If it is due to a claim for amounts (salary, extras, etc.) then the period is extended to one year.
When the figure of the labor conciliation ballot is implemented, the deadline to file a claim is paralyzed until the first business day after the conciliation appointment. But it is very important that this conciliation be carried out within 15 business days because, after those days, the deadline to file a claim is resumed in case conciliation is of no use.
When should the labor conciliation ballot be submitted?
The labor conciliation ballot is closely related to the issue of dismissal. Normally, it is used when the worker does not agree with being fired. However, you can also be used to claim an amount of money that the company has not paid to this worker.
Hay certain situations in which it is not necessary to present it, For example:
- When the dismissal is collective.
- When the Public Administration is sued.
- In case of suspension or reduction of working hours.
- For vacation or geographical mobility claims.
- In the event that there is a substantial modification of working conditions.
- For reconciliation of family or work life.
- ...
In all those cases that we tell you that it is not necessary to present it, it is because, by obligation, it is already understood that there must be a conciliation act prior to the lawsuit through judicial means.
What does the act of conciliation entail?
A labor conciliation ballot opens the phases for a conciliation procedure, that is, a meeting between the company and the worker to try to reach an agreement that allows the issue to be settled and not go to court. This is perhaps one of the best actions to carry out since it does not involve an economic outlay and the solution is agreed between the two parties (it is not a third party who makes the decision).
La The first phase of the conciliation act begins at the same time that the ballot is presented in the competent body. As you know, it will depend on each autonomous community.
The second phase consists of transfer of the ballot to the parties involved. In this case, to the company. Now, it is not only the fact of informing the company that a worker has presented the ballot, but this will already include the day and time in which they must meet.
The communication is always made certified and with acknowledgment of receipt, to verify that the company has received it and cannot claim that it was not aware.
La third phase is the celebration of conciliation. That is, attend the conciliation ceremony on the day and time indicated. Here there will be a person who will mediate between the worker and the company and whose objective is to try to reach an agreement.
After the event, the following may occur:
- That there is an agreement, and therefore the worker and the company have agreed and that is where everything ends.
- That there is no agreement: and here it is up to the worker to decide whether or not to sue the company.
- Non-appearance: which may be on the part of the company or the worker. If it is on the part of the company, the worker has to file the claim in the Social Court and if the judge rules in his favor, the company will bear all the costs. If it is the worker who does not attend and has no justified cause, the procedure will be archived.
The last phase is the preparation of the conciliation report where the result of that act is reflected. If you want to continue with the claim, it will be necessary to prove that this previous step has been attempted. And if an agreement has been reached and the company does not comply, it will also be evidence to file a claim in court.
Is the function of a work-life balance ballot now clear to you?