What happens to labor conciliations suspended by the declaration of the state of alarm?
- Instruction 10/2020 has been published on labor conciliations suspended due to the state of alarm, which you can find in full here.
- In it we are told that an attempt will be made to speed up the formation of agreements, both through rapid and advanced procedures and through ordinary procedures with forecast agreement.
- Likewise, a telematic procedure is established for those ordinary files that are expected to end without an agreement.
You can read a SUMMARY of how the procedures will be BELOW
ACTS OF CONCILIATION WITH FORECAST OF AGREEMENT
The following exceptional procedure is established:
1.IDENTIFICATION.- The presenter or the interested party sends an email, identifying the affected file and their willingness to formalize the agreement to:
Territorial Service of Barcelona ↠ [email protected]
Girona Territorial Service ↠ [email protected]
Tarragona Territorial Service ↠ [email protected]
Territorial Service of Lleida ↠ [email protected]
Terres de l'Ebre Territorial Service ↠ [email protected]
2. PLANNING.- Once this email has been sent, the conciliation service sets the day and time for the appearance, which may be in the morning or afternoon, respecting the order in which the applications or files of the same person are presented.
3. PRESENTIAL APPEARANCE.- On the scheduled day, the minutes are drawn up and a certified copy is delivered. If, once present, no agreement is reached, it is formalized without agreement.
If a party does not appear, the parties will be summoned for another day.
ACTS OF CONCILIATION WITHOUT FORECAST OF AGREEMENT
The following procedure is established:
The presenter or the interested party, through the Conciliation Portal, submits a contribution of documents in the open file to: My files / Contribution of documents / Others, which must include:
- Verification of the result without agreement
- Data of the people who will sign the minutes for each party
- Email addresses of the worker and the company, where the authentic copy of the minutes will be sent.
2. DRAFTING AND SIGNATURE OF THE CONCILIATION MINUTES WITHOUT AGREEMENT
- The conciliatory lawyer prepares the conciliation act and processes the minutes with PDF by email to the person who appears as the presenter, and to the interested party for their signature with a digital certificate.
3. ISSUANCE OF AUTHENTIC COPIES
- Authentic copies of the original record will be sent by email by the Territorial Service. It can be consulted in the Conciliation Portal and can be requested at any time.