Any citizen or business.
Note: SML works across the mainland.
At any time.
By phone (see Contacts tab).
Note: The intervention of the SML may also result from the judge's reference to mediation in labor matters processes.
- For the process to begin just one of the parties in conflict request the assistance of the SML, or judge remission. It is then established contact with the other party or both, as appropriate, for marking an information session attended by the mediator, to be held in rooms provided for this purpose.
- The parties are informed about the rules of mediation, rights and duties and other mandatory information. It is then verified the will of the parties to sign the mediation protocol, which must be signed after delivery to the document mediator of payment of the fee for the use of SML.
- The following are the mediation sessions that can culminate in an agreement.
Using SML is subject to payment of a fee of € 50.00 per each party, regardless of the number of mediation sessions.
Note: There may be no way to pay this fee when legal aid is granted to one or both parties for access to alternative dispute resolution structures under the Access to Law and the Law Courts (Law No. 47/2007 of 28 August).
The Labour Mediation is subject to a time limit of three months, without prejudice to the parties, the mediator of the agreement, see fit to extend the duration of the mediation.
It is found that, on average, its duration has been 28 days.
Both the parties or the mediator may terminate the mediation at any time.
The Labour Mediation System (SML) is a service promoted by the Ministry of Justice, which allows workers and employers to use labor mediation to resolve labor disputes without intervention of the Courts, through the assistance of a professional specially produced for the purposes of mediation between the parties - the labor mediator.
The SML is empowered to mediate disputes arising under individual contracts of employment, with the exception of matters relating to inalienable rights, including, inter alia:
- Credit payment due on termination of the employment contract;
- Changing workplace;
- Termination of employment;
- Holiday marking;
- Disciplinary proceedings;
- Legal nature of the employment contract.
The advantages of labor mediation are:
- Security, in that it is a public service sponsored by the Ministry of Justice provided by mediators with specific training;
- Confidentiality, being forbidden the disclosure of the content of mediation sessions;
- Informality, as there is a close contact and simplified between the mediator and the parties;
- Effectiveness, since the percentage of agreements reached in the Labour Mediation processes is high;
- Reduced cost;
- Promotes economic development and job creation thanks to the effectiveness and speed which gives the resolution of labor disputes.