Did you know that within the social jurisdiction there is a very simple, fast and agile procedure to claim monetary debts derived from the employment relationship? 

This is the monitoring procedure that is regulated in the article 101 of Law 36/2011 regulating Social Jurisdiction (LJS)Next, we review its main aspects.

Who can request it? 

You can request it any worker who wants to claim a debt arising from an employment relationship. To present the social monitoring procedure, We do not need to use a lawyer, solicitor or registered social graduate., in accordance with the provisions of article 21 of the LJS.

What can I claim through a monitorio?

Article 101 of the LJS tells us that claims may be made overdue, enforceable monetary debts of a specific amount that do not exceed 6,000 euros and as long as they arise from an employment relationship.

As we have already said, the monetary debt must be determined, that is, you must know precisely what amount it amounts to; must be defeated, or what is the same, must be claimable from the moment of presentation of the monitoring request because the deadline set for its payment has been exceeded. Lastly, it must be demandable the debtor being directly obliged to pay it.

Are there cases in which I cannot attend the monitoring procedure?

Yeah. Article 101 of the LJS excludes:

• The collective claims that could be formulated by the workers' representation.
• The claims filed against the managing or collaborating entities of Social Security.
• The claims against entrepreneurs declared bankrupt.

If I meet all the requirements, how do I file my claim?

The monitoring process will begin with a initial request in which you must indicate with complete clarity:

• Your complete data, name and surname, ID, address and other location data.
• The businessman's details debtor, their tax identification data, complete address and other location data, and, where appropriate, communication, by computer and telephone means. It is important that the employer is reachable, that is, that it is possible to notify him. If the company is missing or it is necessary to resort to edictal notification, and in order to guarantee legal security, we must resort to the ordinary procedure.
• He detail and breakdown of the specific concepts, amounts and periods claimed.

You can use this form for your claim by clicking here.

Do I need to attach any type of documentation?

It is necessary that you accompany the following documentation:

• Documents from which a principle of proof results the existence of the employment relationship and the amount of the debt; for example, copy of the contract, salary receipts, business communication or debt acknowledgment, certificate or contribution document or work life report...
• Documentation justifying having attempted prior conciliation or mediation when these are required.

Remember to contribute as many do you copy, both of the application and the documentation that accompanies it, however many other parts there may be.

How do I apply?

Preferably by computer means, if you have them. Remember that you can use the model we have already referred to.

We will present the initial request for the monitoring procedure before the Deanery or Common Registration and Distribution Service of the Social Courts of the place of provision of services or at the defendant's domicile, at the plaintiff's choice.

How does the procedure continue?

Once the application has been submitted, the Lawyer of the Administration of Justice, will proceed to examine it, and where appropriate to admission. If you notice that you suffer from any correctable defect, will grant us a period of four days for correction.

If the defect is insurmountable or is not corrected within the time limit, the Lawyer of the Administration of Justice will inform the Judge so that he can decide on the admission or inadmissibility of this initial request.

If the request is admissible, the employer will be required so that, within the period of ten days, pay to the worker, accrediting it before the court, or oppose succinctly alleging the reasons why he does not owe, in whole or in part, the amount claimed. You will also be warned that If he does not pay or appear to oppose, execution will be issued against him. 

The content of the request will be transferred for the same period to the Salary Guarantee Fund, a period that may be extended for another ten days, if it states that it needs to carry out investigations on the facts of the request, and especially on the business's solvency.

What happens after the payment request?

Voluntary payment: 

If the requested person pays voluntarily, The process will be archived, and the amount will be given to us, in the event that the amount had been recorded in the Court.

Written opposition: 

If opposition is formulated within a period and form, we will be given transfer so that, in the following four days, we present, before the Social Court, a demand. Once the claim is presented, the conciliation and trial acts will be indicated in the ordinary way. 

Opposition only in part of the amount claimed:

If the employer files an opposition only regarding part of the amount claimed, We may request the court to issue a resolution accepting the claim regarding the amounts recognized. or not contested.  

This resolution will be enforceable, continuing the process for the unrecognized amounts as in the previous case.

If the requested person neither pays nor objects: 

In this case, The Lawyer of the Administration of Justice will issue a decree ending the monitoring process and will notify the plaintiff to request the execution office, the mere request being sufficient for this. From the date of this decree the debt will accrue procedural interest.

This post has been prepared by Juan José Banciella del Val, professor of Master of Human Resources Management of EIP, in matters of conflict management before workers and public administrations.