Reclamación por despido y papeleta SMAC (dismissal claim and SMAC conciliation request)
Reclamación por despido y papeleta SMAC (dismissal claim and SMAC conciliation request) is filed with Servicio de Mediación, Arbitraje y Conciliación (SMAC). With Managora you do it 100% online: you answer a few questions, sign a digital mandato (power of representation) and we draft, sign and file your application for you. Estimated total cost: €100 to €100.
We calculate your compensation and finiquito (final settlement) in accordance with the law, detect signs of unfairness, and prepare your SMAC conciliation request (papeleta) ready to sign. If the company does not settle, we accompany you to the hearing.
- Estimated total cost
- €100 to €100
- Managora's fee
- €121.00 (21% VAT incl.)
- Tasa (official government fee)
- No tasa payable
- Processing time
- The SMAC conciliation hearing is normally held within 15-30 days from the submission of the papeleta (request). If there is no agreement, court proceedings can be started within 20 working days from the dismissal.
- Where it is filed
- Servicio de Mediación, Arbitraje y Conciliación (SMAC) ↗
- What you receive
- Papeleta (official claim form) / written submission
Cost breakdown: Our fee 100 €. The conciliation request before the SMAC has no tasa (official fee); the procedure is free..
Reclamación por despido y papeleta SMAC (dismissal claim and SMAC conciliation request): how is it filed?
- 1Answer the chat questions. It will take you about 4 minutes.
- 2We will show you your correct legal finiquito (final settlement) and the compensation you are entitled to, separating the fair part from the unfair part.
- 3We will provide the SMAC papeleta (conciliation request) drafted and ready to submit.
- 4Payment: 49 € for the preparation. If the company does not settle and the matter goes to a hearing, we accompany you with a registered lawyer for an additional tiered cost.
- 5The legal deadline to claim the dismissal is 20 working days from the date of dismissal. If you let it pass, you lose the right.
Which documents do you need?
- •Dismissal letter (if you have it). We will request it from the company if you do not have it.
- •Your last 6 payslips, to verify the real gross salary.
- •Employment contract, if you still keep it.
Legal basis and things to bear in mind
- The 20-working-day deadline is very short. Every day counts. If more than 15 days have passed since the dismissal, it is urgent.
- The SMAC conciliation hearing is compulsory before going to court. It is free and it is where the company can offer an agreement.
- Compensation for unfair dismissal is 33 days per year worked for contracts after 12/02/2012, capped at 24 months' pay. For seniority before that, it was 45 days per year.
Reclamación por despido y papeleta SMAC (dismissal claim and SMAC conciliation request): frequently asked questions
Reclamación por despido y papeleta SMAC (dismissal claim and SMAC conciliation request): how much does it cost?
The estimated total cost (our fee + official tasas and taxes) is €100 to €100: Our fee 100 €. The conciliation request before the SMAC has no tasa (official fee); the procedure is free.. Managora's fee is €121.00, 21% VAT included (€100.00 net + €21.00 VAT). This procedure carries no official tasa.
Reclamación por despido y papeleta SMAC (dismissal claim and SMAC conciliation request): how long does it take?
The SMAC conciliation hearing is normally held within 15-30 days from the submission of the papeleta (request). If there is no agreement, court proceedings can be started within 20 working days from the dismissal.
Reclamación por despido y papeleta SMAC (dismissal claim and SMAC conciliation request): which documents do I need?
You need to have to hand: Dismissal letter (if you have it). We will request it from the company if you do not have it., Your last 6 payslips, to verify the real gross salary., Employment contract, if you still keep it.. You do not upload them here: we collect the details through the guided chat.
Who files the procedure?
Managora files it in your name with Servicio de Mediación, Arbitraje y Conciliación (SMAC). You only provide the details through the chat and sign a mandato (power of representation); we prepare, sign and register it.
Can it be done online?
Yes. The whole process is online: you answer a few questions in the guided chat, sign a simple mandato on screen and receive the receipt and the official documents by email, with full legal validity.
Related procedures
- Calculation and receipt of the finiquito (final settlement on leaving a job)
- Complaint to the Inspección de Trabajo y Seguridad Social (ITSS, the labour and social security inspectorate)
- Notice of resignation by the employee (baja voluntaria) (ET art. 49.1.d)
- Notice calling a lawful strike (RDL 17/1977 + art. 28.2 CE)
- Complaint to the Inspección de Trabajo for breach of health and safety rules (LPRL Ley 31/1995 + LISOS)
- Complaint to the ITSS for sexual harassment or sex-based harassment (LO 3/2007 + LISOS 8.13)
Based on the legislation in force and on the official site of the competent authority: Servicio de Mediación, Arbitraje y Conciliación (SMAC) ↗.
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