Labour
Labour Conciliation Hearings (SMAC)
We represent you at the mandatory pre-litigation conciliation hearing before the SMAC. Disputes resolved before they reach the employment tribunal.
What is it?
In Spain, before most individual employment disputes can be brought before the Labour Courts (Juzgado de lo Social), the claimant must first attempt conciliation through the official mediation and conciliation service — known as the SMAC (Servicio de Mediación, Arbitraje y Conciliación) in the Valencian Community. This preliminary step is mandatory for claims involving unfair dismissal, unpaid wages, changes to working conditions, and disciplinary sanctions, among others.
A conciliation agreement reached before the SMAC carries the same legal weight as a court judgment and can be enforced by the courts if the losing party fails to comply. Because both parties are bound by any agreement reached, attending the hearing well prepared — with the right documentation, a clear settlement position, and an understanding of the other side's likely arguments — can resolve the dispute quickly, economically, and definitively.
At GCT1 we represent both companies and employees at SMAC hearings in Elche and Alicante. Our labour and legal teams work together to build a strategy that is consistent whether the dispute is resolved at the SMAC or escalates to the employment tribunal.
Who is it for?
- Companies that have received a conciliation claim (papeleta de conciliación) from an employee following dismissal or a wage claim
- Employees who wish to challenge a dismissal, disciplinary sanction, or withheld wages before going to court
- Employers who need to assess whether settling at the SMAC is more cost-effective than contesting the claim at tribunal
- Employees or companies in dispute over a substantial change of working conditions or a forced transfer
What's included in our service
- Prior analysis of the dispute, available documentation, and the legal position of each party
- Preparation of the conciliation strategy: objectives, settlement range, and key arguments
- Representation and attendance at the conciliation hearing before the SMAC or competent body
- Drafting of the conciliation agreement with all clauses necessary for enforceability
- Advice on whether to accept or reject the other party's proposal
- Coordination with our legal team to prepare a court claim if conciliation is unsuccessful
Documentation you will need to provide
- Employment contract and documentation of the employment relationship (payslips, start date)
- Dismissal letter or notice of change of conditions, where that is the subject of the dispute
- Settlement and final pay calculation proposed by the employer, if applicable
- Conciliation claim form (papeleta de conciliación) received or submitted to the SMAC
- Prior correspondence between the parties relating to the dispute
Key deadlines
- The conciliation claim must be filed with the SMAC before submitting any court claim
- Unfair dismissal: the conciliation claim must be filed within 20 working days of the effective date of dismissal
- Wage claims: the general limitation period is 1 year from the date the debt became due
- If no agreement is reached, the court claim must be filed within the applicable statutory period
Why GCT1
- Combined labour and legal expertise means your position at the SMAC is consistent with any subsequent court strategy — no contradictions, no surprises
- We know the employment tribunals in Elche and Alicante and can give you a realistic assessment of what a judge would likely decide, which is the clearest basis for a rational settlement decision
- Direct representation by the advisor who knows your file — not an intermediary unfamiliar with the case
- Free first consultation to review the dispute and advise on the most cost-effective strategy
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