Electronic

Contract in Practice

Definition

In accordance with the provisions of article 11 . 3 of the workers' statute, the contract will be aimed at obtaining adequate professional practice at the level of education or training under the contract, through the acquisition of skills and capacities necessary for the development of work for the title obtained by the individual worker first. previously.

Specific provisions

Training contracts for the professional practice can be enjoyed of incentives for contracting. When the contract is concluded with persons with disabilities that workers have recognized a degree of disability equal or exceed the 33 per cent, is entitled to a reduction of 50 per cent of the company quota to Social security for common contingencies corresponding to the individual worker hired during the period of the contract.

Conclusion

Their formalization shall be in writing. Without observing the formalization in writing if it is earned, the contract was presumed to be held indefinitely and full time, unless proved otherwise accrediting its temporary nature or part-time nature of services, as stated in article 8 . 2 of the workers' statute. In any event, either party may require that the contract was confirmed in writing even in the course of the employment relationship.
Will become fixed working people, whatever the mode of recruitment, which had not been given to Social security, after a period equal to that legally have been set for the trial period, unless the nature of the activities or services contracted are clearly determined the duration of the same time, without prejudice to the other responsibilities to any place in law.
Shall be presumed to have been indefinitely temporary contracts concluded in fraud.
The male/female entrepreneurs would notify to legal representation of persons working in companies, contracts in accordance with the contractual arrangements at a time when there is no legal obligation to deliver basic copy.
The content of the contract shall be communicated to the public employment service in the State of the 10 days of conclusion, as well as their prorrogas or not, should be formalized in writing.
When the formalization of the contract with a person workers with disabilities the contract will be formalized in writing, quadrupled copy in the official model. The contract will be high in application of the Social security, as well as the certificate of disability.
In the case of working people in the contract shall bear the place in the provision.
If the contract is concluded part-time in the contract must include the number of normal working hours per day, a week, month or year recruited and their distribution. Without observing these demands, the contract was presumed to be held on a full-time basis, unless proved otherwise attesting to the partial character of the services and the number and distribution of hours.

Legislation

  • Decreto-ley Real 32 / 2021 , 28 december, on urgent measures to labour reform, ensuring stability in employment and the transformation of the labour market.
  • Article 11 . 3 of Royal Legislative Decree 2 / 2015 , 23 october, which adopted the consolidated text of the law of the workers' statute.
  • Decreto-ley Real 16 / 2013 , 20 december, of measures to encourage stable employment and improve the employability of workers.
  • Decreto-ley Real 1 / 2023 , 10 january, urgent measures in the area of incentives for employment and enhancing social protection of persons artists.

Requirements for working people

May be concluded with those who were in possession of a university degree or a graduate degree or higher, east specialist, master certificate of professional or vocational training system, as provided in law 5 / 2002 , 19 june, the qualifications and vocational training, as well as those with an equivalent title of artistic or sporting activities of the education system, or to provide training for the exercise of labour activity.

The contract of employment to benefit from professional practice must be concluded within three years, or five years if they involve a person with disabilities, following the completion of studies.

In the case of persons who have made their studies abroad, the count is carried out from the date of recognition or approval of the title in Spain, when such a requirement becomes due for the professional practice.

You will not be able to subscribe with whom he has already gained professional experience or training activity in the same activity within the company for a while more than three months, without computen for this purpose training or practices that are part of the curriculum required in order to obtain the degree or certificate that enabled this recruitment.

However, companies will be able to enter into contracts for the professional practice, persons who have the same post through appropriate training prior contract, provided they do not have reached the maximum specified in the next article, in which case she concluded by the remaining period up to the maximum.

No person may be hired at the same or different company than for, under the same degree or professional certificate.

To this end, the titles of degree, master's and doctorate for university studies shall not be considered the same qualifications, except that the contracted by the first time in a contract to benefit from professional practice the individual worker will be in possession of the graduate diploma in question.

Features of the contract

The workplace should allow obtaining adequate professional practice at the level of education or training under the contract. The company will develop the individual educational plan specifying the content of the professional practice, and guardian assigned to ensure that adequate training and experience to the implementation of the plan and the proper implementation of the object of the contract.

To be formalised in writing and to state expressly the qualifications of the individual workers, the duration of contract and the position to play during the practices.

Shall be communicated to the public employment service in the State of the 10 days of conclusion, as well as its extensions.

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  • In the case of working people in the contract shall bear the place in the provision.
  • If the contract is concluded part-time in the contract must include the number of normal working hours per day, a week, month or year recruited and their distribution. Without observing these demands, the contract was presumed to be held on a full-time basis, unless proved otherwise attesting to the partial character of the services and the number and distribution of hours.

Other features

The duration of this contract shall not be less than six months or longer than one year. Within these limits collective Sectoral scope autonomous state or, failing which sectoral collective lower level may determine its duration, in response to the characteristics of the sector and professional practices.

If the contract had entered into by less than the set maximum, the parties may agree to extend its duration, unless otherwise provided by the convention, without the total duration of the contract may exceed the maximum duration.

In any case, the duration of each extension may be less than the minimum contract duration established legally or conventionally.

However, persons employed training contract to benefit from professional practice may not perform overtime, except in the case under article 35 . 3 of the workers' statute

The pay for the time that will be set at the applicable collective agreement in the company to these contracts or alternatively the occupational group and restorative level for the functions performed. In any case the remuneration may be less than the minimum retribution established for the contract for the work-linked training or the minimum wage in proportion to the time actually worked.

It may establish a period of proves that in no case exceed one month, except as provided in a collective labour agreement.

Individual educational Plan and certification of the practice carried out

1 Training plan. The individual contract to benefit from professional practice should incorporate the following minimum contents:

a) Itinerary formativo-laboral, to specify the contents of the working activity in the company over the contract, to achieve the total number of functions or skills necessary for the comprehensive development of job or tasks.

(b) assessment systems of labour activity developed.

(c) mentoring.

2 .- The finalization of the contract for the professional practice, the individual worker is entitled to the certification of the content of the practice carried out.

Incentives to companies

In case of workers with disabilities, companies have the right to a bonus, during 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).

The conversions in indefinite contracts full-time or part-time to finalize its initial duration or extended, of contracts for the making of professional practice and the provision of user companies, when, without any interruption, conclude with these workers an employment contract for an indefinite period shall be entitled to a bonus in the price, in terms of article 10 , 128 eur/month for three years. In the case of women, the bonus shall be of 147 eur/month.

Conversions of procurement contracts of the professional practice of employees with disabilities in indefinite contracts, full-time or part-time, shall enjoy the bonuses regulated under law 43 / 2006 , 29 december (art. 2 . 2 ).

Legislation

Temporary work agencies may conclude labour contracts for the acquisition of professional practice with the successful people recruited to be made available to the user company in accordance with the regulations governing the cited contract.

Incentives

In the case of persons employed contract workers for training and made available to business users, these shall be entitled to the same bonuses according to the item 24 the royal Decreto-ley 1 / 2023 when, without any interruption, conclude with these people an employment contract for an indefinite period

Legislation

Requirements for working people

Working as people with disabilities with a level equal to 33 % recognized as such by the competent body, or pensioners of Social security that have recognized a permanent disability pension in the level of total, absolute or major disability pensioners, or pensioners who have recognized a retirement pension or retirement permanent incapacity for duty or futility.

In possession of a university degree or a graduate degree or higher, east specialist, master or professional certificate of vocational training system in accordance with the organic law 5 / 2002 , 19 june, the qualifications and vocational training, as well as those with an equivalent title of artistic or sporting activities of the educational system to provide training for or the exercise of labour activity.

That have not been more than five years since the completion of education.

Features of the contract

The contract will be formalized in writing, quadrupled copy in the official model. The contract will be high in application of the Social security, as well as the certificate of disability.

Incentives

Companies will have the right to a bonus, during the duration of the contract, full or part-time, 50 per cent of the company quota of Social security for common contingencies.

Subvention to the adaptation of jobs, removal of barriers or endowment of means of protection, provided that its duration is equal to or more than twelve months.

The conversions in indefinite contracts, full-time or part-time, shall enjoy the bonuses regulated under law 43 / 2006 , 29 december (Art. 2 . 2 ).

Legislation

  • Article 11 . 3 of Royal Legislative Decree 2 / 2015 , 23 october, which adopted the consolidated text of the law of the workers' statute.
  • Royal Decree 170 / 2004 , 30 january, amending the Royal Decree 1451 / 1983 , 11 may, by which pursuant to law 13 / 1982 , 7 april, regulates the selective application and the employment of handicapped persons.
  • Law 43 / 2006 , 29 december, to improved growth and employment.
  • Twentieth of the additional provision Decreto-ley Real 1 / 2023 , 10 january, urgent measures in the area of incentives for employment and enhancing social protection of persons artists.

Catalog of publications of the General State Administration

http://publicacionesoficiales.boe.es

Edition done by the public employment service State
Countess of Venadito, 9 . 28027 Madrid

NIPO: 120-23-008-7

Updated to September 2023