As it is a document addressed to an administrative body, the expiration period for the dismissal lawsuit is suspended from the moment the administrative claim is presented at the post office for its referral to the corresponding Conciliation and Mediation Body, provided that the presentation date is clearly established.
Judgment delivered by the Supreme Court on 19 September 2017 [JUR\2017\245562]
The purpose of the debate resolved in the present sentence is whether the presentation of the “conciliation ballot” in a post office for its referral to the Mediation Agency suspends from that same day the calculation of the expiration period to initiate a dismissal action, with the same effects of Article 65.1 of the Law Regulating the Procedure on the Labour Jurisdiction.
In this sense, the Supreme Court argues that the presentation of administrative writings has to be done in accordance with administrative legislation. In the case prosecuted it is argued that the citizen should not be deprived of the guarantees or facilities related to the presentation of writs addressed to the Administration, even if it is one that has a pre-procedural character, such as the ballot conciliation.
In this way, the rules on the presentation of administrative writs must maintain their virtuality and should only be displaced if they are incompatible with the provisions, explicit or not, of the procedural legislation. In the present case, the Supreme Court sees no impediment whatsoever for the document requesting conciliation –that is, the “ballot”– to be presented to the Post Offices, as it has been permitted by legislation on administrative procedure.
Therefore, the rules on the presentation of procedural writs by a post office would not be applicable in the case, since it is a document addressed to the administrative body.
In addition, the Supreme Court also analyzes the specific situation of the worker, who resided in a location far from the administrative body’s office against which the conciliation claim was addressed.
In conclusion, the presentation of the writ claiming the conciliation in a post office displays the same effects as if it had been done in an administrative register, especially with regard to the suspension of the expiration period to operate from the same day of its presentation.