Formulario para BUSCAR dentro del Ministerio de Educacion,Cultura y Deporte

Citizen Services

Appeals and claims


Claim prior to labour tribunal

General information

General information
Ministry: Ministry of Culture.
Type of procedure: Prior claims.
Procedure: Claim prior to labour tribunal
Object: To enable the administration to make a pronouncement prior to any action being taken against it through a labour tribunal. This is an obligatory requirement for taking said action.
Legislation: Law 30/1992 of 26 November on the Legal Regime of Public Administrations and the Common Administrative Procedure, amended by Law 4/1999 of 13 January, articles 120, 121, 125 and 126.
Royal Legislative Decree 2/1995 of 7 April, approving the Consolidated Text of the Labour Procedure Law, articles 69 and 70.
Initiation method: At the request of the interested party.
Period for lodging appeal: Law 30/1992 does not establish a time period and it must therefore be in accordance with the period established in the applicable legislation for work related action. Once the prior claim is lodged the time period will be suspended to exercise the judicial actions and will resume on the date that the ruling is expressly notified or, where applicable, when the case is considered to be dismissed following the conclusion of the term.
Ruling body for the procedure: The Under-secretary of the Department.
Maximum time period for making a decision and notification: One month
If a decision is not reached within the time period: Case dismissal.
Legislation governing administrative silence: Law 30/1992 of 26 November on the Legal Regime of Public Administrations and the Common Administrative Procedure (Spanish Official State Gazette number 285, 27 November 1992), amended by Law 4/1999 of 13 January (Spanish Official State Gazette number 12, 14 January 1999).
End of the procedure: The resolution of the procedure brings the administrative channel to a conclusion.

Instructions and forms


Icono de conformidad con el Nivel Doble-A del W3C-WAI. Se abre en ventana nueva Titulares RSS disponibles

© Ministry of Education, Culture and Sport