Guide to understanding the labor reform (III): New developments in professional training and internships

Royal Decree-Law 32/2021, of December 28, 2021, introduces two contractual figures, such as the alternating training contract and the professional internship contract that seeks to promote employment.

The labor reform includes a modification of article 11 of the Workers’ Statute (ET), which implies a change of model, establishing a training contract with two modalities. The theoretical training provided by the training center or entity or the company itself is a substantial part of this contract.

Firstly, there is the alternating training contract, which seeks to make paid work activity compatible with training processes in the field of vocational training, university studies or the catalog of training specialties of the National Employment System. And, secondly, there is the training contract to obtain the professional practice appropriate to the level of studies that corresponds.

alternating training

Training contracts can be entered into in alternation with people who lack the professional qualification recognized by the qualifications or certificates required to enter into a training contract to obtain professional practice.

Also, in the case of professional or university training studies, contracts may be made with people who have another degree, provided they have not had another previous training contract in a training at the same level and in the same productive sector.

On the other hand, the possibility of signing training contracts within the framework of level 1 and 2 professional certificates, and public or private training programs in alternating employment-training, is limited to people up to 30 years of age. form part of the Catalog of training specialties of the National Employment System. Only one alternating training contract can be entered into per training cycle.

However, the regulations do allow alternating training contracts to be formalized with several companies based on the same cycle, provided that the contracts respond to different activities linked to the training program and without the maximum duration of all contracts exceeding the established legal limit.

Related activities

The activity carried out by in the company must be directly related to the training activities that justify the employment contract. In addition, they must be integrated into a training program drawn up within the framework of the agreements and conventions signed by the labor or professional training authorities or universities with the companies.

The person hired has a tutor designated by the training center or entity and another designated by the company, the latter in charge of monitoring the individual training plan in the company.

Contract duration

The duration of the contract will be that established in the corresponding training plan or program, with a minimum of three months and a maximum of two years, and may be carried out under a single contract on a non-continuous basis, throughout various coincident annual periods. with the studies, if provided for in the training plan.

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In the event that the contract is entered into for a duration less than the maximum established and the title associated with the contract is not obtained, it can be extended by agreement between the parties, until it is obtained, but without ever exceeding the maximum duration of two years.

contractual limitations

Effective working time must be compatible with that dedicated to training activities in the training center. For this reason, it cannot be greater than 65% during the first year, or 85% during the second, of the maximum working hours established in the applicable agreement in the company, or, failing that, of the maximum legal working hours.

Alternating training contracts cannot be entered into when the activity or job position has previously been performed by the worker in the same company under any modality for more than six months.

overtime is prohibited

These workers cannot perform supplementary or overtime hours, except for the excess of those worked to prevent or repair accidents and other extraordinary and urgent damages, without prejudice to their compensation as overtime. Neither can they do night work or shift work.

Exceptionally, work activities can be carried out in these periods when the training cannot be carried out in other periods due to the very nature of the activity.

Remuneration to be received

The remuneration will be established for these contracts in the applicable collective agreement. If there is not, the remuneration cannot be less than 60% the first year nor 75% the second, with respect to the amount established in the agreement for the professional group and remuneration level corresponding to the functions performed, in proportion to the effective working time. .

In no case may the remuneration be less than the minimum interprofessional salary in proportion to effective working time.

Professional practices

The training contract to obtain professional practice can focus on those who hold a university degree, middle or higher degree, specialist, professional master’s degree or certificate from the professional training system, as well as with those who hold an equivalent artistic or sports education of the educational system, which enable or train for the exercise of labor activity.

At the end of the contract, the worker will have the right to certification of the content of the practice carried out.

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Active period after graduation

It must be arranged within three years, or five years if it is arranged with a person with a disability, following the completion of the studies.

You cannot subscribe with someone who has already obtained professional experience or carried out a training activity in the same activity within the company for a period of more than three months, without the training periods or internships that are part of the required curriculum being computed for these purposes. to obtain the degree or certificate that enables this contract.

Contract period

The duration of this contract may not be less than six months nor exceed one year. Within these limits, the collective agreements of the state or regional sector, or failing that, the sectoral collective agreements of a lower scope can determine their duration, taking into account the characteristics of the sector and the professional practices to be carried out.

No person can be hired in the same or different company for a time greater than these maximums by virtue of the same degree or professional certificate. And neither can you be hired in training in the same company for the same job for a period of time greater than the maximum established, even if it is for a different degree.

However, bachelor’s, master’s and doctorate degrees in university studies are not considered the same degree, unless the worker is already in possession of the higher degree in question when hired.

Trial period

In this type of training contract, it is possible to establish a trial period that cannot exceed one month, unless the collective agreement provides for it.

Company training plan

The job must allow obtaining professional practice appropriate to the level of studies or training that is the object of the contract. The company must prepare the individual training plan in which the content of the professional practice is specified, and must assign a tutor with the appropriate training or experience to monitor the plan and fulfill the purpose of the contract.

overtime is prohibited

People hired with a professional practice training contract may not perform overtime, except for excess hours worked to prevent or repair accidents and other extraordinary and urgent damages, without prejudice to their compensation as overtime.

Remuneration to be received

The remuneration for effective working time is that established in the collective agreement applicable in the company for these contracts or, failing that, that of the professional group and remuneration level corresponding to the functions performed.

In no case may the remuneration be less than the minimum established for the contract for alternate training or the minimum interprofessional salary in proportion to effective working time.

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Digitization actions

The new regulations provide that the scope of training will be developed by regulation in the case of specific training actions aimed at digitization, innovation or sustainability, including the possibility of micro-accreditations of professional or university training systems.

common standards

The protective action of Social Security for those who sign a training contract includes all protectable contingencies and benefits, including unemployment and coverage of the Wage Guarantee Fund.

Situations of temporary disability, birth, adoption, guardianship for the purpose of adoption, fostering, risk during pregnancy, risk during lactation and gender violence will interrupt the calculation of the duration of the contract.

Requirements for the contract

The contract must be formalized in writing and must include the text of the individual training plan, in which the content of the internships or training and tutoring activities are specified to meet their objectives. Likewise, it will incorporate the text of the agreements and conventions.

By means of a collective agreement at the state or regional sectoral level or, failing that, in the sectoral collective agreements of a lower level, it is possible to determine the jobs, activities, levels or professional groups that can be performed by means of a training contract.

People with disabilities

The age limits and the maximum duration of the training contract do not apply when entering into agreements with people with disabilities or with groups in a situation of social exclusion, in cases in which they are hired by insertion companies that are qualified and active. in the corresponding administrative register.

These limits will be established by regulation to adapt them to the studies and the degree of disability and the characteristics of these people.

flexibility measures

Companies that are applying a reduction in working hours or a suspension of the contract for economic, technical, organizational or production reasons or derived from force majeure, as well as if they participate in the RED Mechanism for Flexibility and Employment Stabilization, may always enter into training contracts. that people hired under this modality do not…

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