How Spain's labor and social security courts work

Automatic summary, not yet reviewed

1. The law defines what the social courts handle: employment contracts, dismissals, social security, workplace accidents, fundamental rights at work, collective agreements and union elections, among other matters.
2. It also sets out what is excluded, such as acts by the General Treasury of Social Security on contributions and matters reserved to the bankruptcy judge.
3. Before suing over a dismissal, a prior conciliation or mediation attempt is required, and to sue the administration over social security benefits a prior claim must be filed with the managing entity.
4. A dismissal must be challenged within 20 business days. The court can rule the dismissal fair, unfair (reinstatement or compensation) or null (mandatory reinstatement with back pay).
5. In cases of discrimination, harassment or workplace accidents, it is the employer who must prove they acted correctly, not the worker.
6. There is a special, urgent procedure to protect fundamental rights at work, with precautionary measures and the possibility of compensation for the victim.
7. Appealing a ruling involves deadlines and requirements: the suplicaciónSuplicación An appeal to the Superior Court of Justice to review a social court ruling. appeal must be announced within 5 days and, if the ruling orders payment, the amount must be deposited or secured, unless exempt as a worker or union.
8. If the employer fails to reinstate a worker after a ruling, the judge can declare the contract ended, set additional compensation and order that the worker keep receiving wages and social security contributions.

Who it affects

• Workers and social security beneficiaries: They use these courts to claim over dismissals, wages, pensions or workplace accidents, under specific deadlines and procedures.
• Companies and employers: They must prove the grounds for dismissal or sanctions, comply with rulings and, in some cases, deposit amounts to appeal.
• Unions and employers' associations: They can defend collective interests, represent members and are exempt from deposits and consignments.
• Public administrations: As employers or benefit managers, they can be sued in these courts after exhausting the administrative route.
• Economically dependent self-employed workers: Their disputes with their client are heard in the social courts.

Words worth knowing

Jurisdicción social

The set of courts that hear labor and social security disputes.

Conciliación previa

A mandatory step before the trial where the parties try to reach an agreement before an administrative service.

Reclamación previa

A written claim that must be filed with the administration before suing in certain social security matters.

Suplicación

An appeal to the Superior Court of Justice to review a social court ruling.

Salarios de tramitación

Wages the employer must pay from dismissal until the ruling if the dismissal is declared unfair or null.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries