Within the labour procedural order there are two moments for conciliation: the extrajudicial one (it is prior to the start of the process before the non-jurisdictional bodies) and another act of conciliation before the jurisdictional body itself . We are going to focus on the extrajudicial conciliation and on resolving the doubt as to whether or not there is a day of grace in labour conciliation.
Conciliation prior to labor jurisdiction
Article 63 of the Social Jurisdiction Law (LJS) indicates that an chinese overseas europe database attempt at conciliation before the administrative service or corresponding body is a prerequisite for the processing of the labor procedure.
Art. 63 LJS: A prerequisite for the processing of the process will be the attempt at conciliation or, where appropriate, mediation before the corresponding administrative service or before the body that assumes these functions, which may be established through interprofessional agreements or collective agreements referred to in article 83 of the Revised Text of the Workers' Statute Law, as well as through professional interest agreements referred to in article 13 and section 1 of article 18 of the Self-Employment Statute Law.
The issues that must be submitted to such prior administrative conciliation are those related to the employment contract signed between private employers and workers:
Dismissal
Disciplinary sanctions
Claims for amounts and recognition of rights in general
Professional classification
Contract terminations at the request of the employee
Collective conflicts
Procedure
This extrajudicial act is initiated by submitting a conciliation form. This act INTERRUPTS the calculation of the prescriptive periods and SUSPENDS the expiration, which will resume from the day after the attempt at conciliation.
The deadline for compliance with this procedure - which is mandatory - will be 20 BUSINESS days in cases of dismissal, disciplinary sanction, termination of contract (expiry period). The deadline will be 1 YEAR to present claims for amounts and other rights (statute of limitations).
In judicial proceedings there is the so-called: day of grace . The Civil Procedure Law (LEC) in its article 135 establishes that the presentation of a document that is subject to a deadline may be made until 3:00 p.m. on the business day following the deadline.
Example : If today, July 20, 2020, I have been notified that I have 4 days to submit a document, the deadline ends on July 24, 2020. But according to art. 135 LEC, it can be submitted until 3:00 p.m. on July 27, 2020.
But this is what happens with procedural deadlines. What happens with labor conciliation? Does the grace period apply? This doubt has been resolved by the Supreme Court , specifically in the judgment of June 3, 2013 , which unifies doctrine.