IN HIRING PRACTICES
The contract in practice aims at obtaining worker by the appropriate professional practice at the level of education. This is not only gain experience in a particular job, but also that this experience acting on studies.
The rule of origin is:
- Article 11.1 of the Royal Legislative Decree 2/2015, 23 October, which approves the consolidated text of the law of the status of workers.
- 488/98,27 March, that develops article11the status of the workers in the field of training contracts.
- Law 3/2012 ,6 July, urgent measures to the reform of the labour market.
This contract may be with those who are in possession of university degree or professional education or titles or higher officially recognized as equivalent, in accordance with the laws governing the current education system, or certificate of professionalism, as envisaged in the organic law5/2002,19June, qualifications and vocational training, which made available for the professional exercise.
That have not been more than five years, or seven when the contract is concluded with a worker with disabilities, since the end of the studies.
- Written must be explicitly stating the title of the worker, the duration of the contract and the post to play during practices.
- Must be communicated to the public service state employment within the10days of its conclusion, as well as their extensions.
- When you formalize the contract with a disabled worker the contract was formalised in quadrupled copy, in formal model. The contract shall be accompanied request for high in the corresponding regime of Social security, as well as the certificate of disability.
- In the case of workers at a distance, in the contract must be included the place where the delivery takes place.
- If this contract is part-time in the contract must include the number of normal working hours a day, a week, a month or year hired and distribution. Not to be seen these demands, the contract is presumed held full time, unless proved otherwise showing the partial character of services and the number and distribution of contracted hours.
- Its duration may not be less than six months and no longer than two years; within these limits collective agreements of sectoral scope may determine the duration of the contract. if the contract was concluded practices by time less than two years, it may agree to two extensions, with a minimum of six months.
- The test period may not exceed a month for workers in possession of title of medium degree or certificate level of professionalism1or2, or two months for workers in possession of title of higher degree or certificate level of professionalism3except collective agreement.
- Worker's compensation will be set in collective agreement for workers in practice, without that, in its defect, may be less than60% or75% during the first or second years of the contract, respectively, set in wage convention for a worker to perform the same or equivalent job.
In any case the salary is less than the minimum wage. In the case of workers employed part time, wages will be reduced in terms of the day refreshments.
- To the termination of the contract, the entrepreneur the worker must be issued a certificate indicating the duration of practices, the post or jobs occupied and the main tasks carried out in each of them.
- No worker may be hired in practice in the same or different company for more than two years under the same qualifications.
- If at the end of the contract the worker continue in the company, may not be a new test period, the duration of 7.65 practices for purposes of seniority in the company.
- Temporary work agencies may conclude contracts for work in practice with workers hired to be placed at the disposal of user companies as envisaged in the regulation of this contract.
- In case of workers with disabilities, businesses are entitled to a reduction, for the duration of the contract, full or part-time, 50 per cent of the company quota of Social security for common contingencies (additional provision twentieth of the royal Legislative Decree 2 / 2015 , 23 october, which adopted the consolidated text of the law of the workers' statute).
- Las conversiones en contratos en indefinidos a tiempo completo o a tiempo parcial, de los contratos en prácticas así como en el supuesto de trabajadores contratados en prácticas y puestos a disposición de empresas usuarias, cuando, sin solución de continuidad, concierten con dichos trabajadores un contrato de trabajo por tiempo indefinido tendrán derecho a:
- Bonus business contributions to Social security, 500 Euro/year for three years. If the contract had been held with a woman shall be 700 Euro/year.
- May be beneficiaries of these bonuses enterprises with less than 50 workers at the time of recruitment.
- Conversions of contracts in the practice of employees with disabilities in indefinite contracts, full-time or part-time, shall enjoy the bonuses regulated under law 43 / 2006 , 29 december (article 2 . 2 ).