Electronic

Contract for the training and learning

Definition

In accordance with the provisions of article 11.2 of the workers' statute, the contract for the work-linked training will aim to combine paid work with the corresponding educational processes in the field of vocational training, studies or of the catalogue of training specialties of the national system of Employment.

In compliance with the aim of professional qualification, employment in alternation regime is to complement, coordinated and integrated with the training activity in a common programme, the international agreements and cooperation agreements signed by colleges and vocational training and entities accredited and registered with businesses and partners.

To that end, the workplace should allow planned further training and employment played in the company shall be directly related to the training event which justifies the employment.

Specific provisions

The contract of work-linked training will, during its term, including its extensions, in terms of article 10, to a bonus of 91 euros/month. Moreover, the above-mentioned contract gives the right to a bonus of 28 eur/month in the assessment of the individual workers to Social security and for joint fund-raising.

The ongoing training contracts of indefinite to finalize its initial duration or extended, whatever the timing, entitled to a bonus in quotation, in terms of article 10, 128 eur/month for three years. In the case of women, the bonus shall be of 147 euros/month. In the case of persons with contract workers for training and made available to business users, these shall be entitled, with identical bonuses when, without any interruption, conclude with these people an employment contract for an indefinite period

Conclusion

The formalization of the contract and the annex on the cooperation agreement signed between the centre or formative entity shall be in writing in the official models established by the public employment service.

The content of the contract and its annexes should be communicated to the public employment service for within the 10 days of conclusion or termination, as well as their prorrogas.

When the formalization of the contract with a disabled worker will be formalised in the contract in writing in quadrupled copy in the official model. The contract will be high in application of the Social security, as well as the certificate of disability.

The company shall report to the legal representation for working people cooperation agreements education or training which includes the recruitment, including information on individual plans and programmes, as well as the requirements and conditions in the conduct of the monitoring activity.

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.
  • Royal Decree 1529/2012, 8 november, which develops the contract for the training and learning and lays the foundation for the dual vocational training.
  • Decreto-ley Real 1/2023, 10 january, urgent measures in the area of incentives for employment and enhancing social protection of persons artists.

Requirements of workers

Could be held with people without qualifications recognized by the qualifications or certificates required for concluding a contract with objective of obtaining professional practice.

Nevertheless, we will deliver contract related vocational training and university education with individuals who simultaneously possessed another certification provided that it has not taken another contract at a formative prior training in the same educational level and the productive sector.

The contract can be concluded with persons between 16 and 30 years on the assumption that signs up within the framework of certificates of professionalism of level 1 and 2 programmes, and public or private alternating training empleo-formación, forming part of the catalogue of Training Specialties of the national system of Employment.

The limit of thirty years shall not apply in the case of contracts for work-linked training in the framework of university education, vocational and certificates of professionalism of level 3 .

Nor shall the upper age limit when the contract is concluded with persons with disabilities or with collective rights in a situation of social exclusion under article 2 the law 44 / 2007 , 13 december, for the regulation of the regime of enterprises, in cases in which they are recruited by integration enterprises that are qualified and active in the relevant administrative register.

Features of the contract

The activity performed by the working person in the company shall be directly related to the training activities to justify the recruitment, coordinating and integrating in a common training programme, developed within the framework of agreements and cooperation agreements signed by the employment administration or education, vocational training or Universities with companies and partners.

There are substantial part of this agreement both the theoretical training provided by the centre of training or entity or the company itself, as is established, as that for practical training provided by the company and the centre.

The duration of the contract shall be as provided for in the training plan or programme, with a minimum of three months and a maximum of two years, and it will be implemented under a single contract of continued non over various annual periods coinciding with the studies, to be provided for in the plan or training programme. If the contract had entered into by less than the statutory maximum established and had not obtained the certificate, certificate or diploma, accreditation associated training contract may be extended by agreement of the parties to the chapeau, certificate or diploma, no more than ever the maximum period of two years.

In the case of subscribe the contract with persons with disabilities, the limit of the maximum duration may be extended by one year in accordance with the specific provisions included in the formative and the cooperation agreement.

Only allow concluding a contract of work-linked training by cada cicle formatiu vocational and university degrees, certificate of professionalism or itinerary of formative specialities of the catalogue of Training Specialties of the national system of Employment.

However, may be formalized training contracts in alternation with several companies based on the same review cycle, certificate of professionalism or itinerary of specialities in the Catalogue, provided that such contracts to respond to various activities related to the cycle, the plan or the training programme, and without the maximum duration of all contracts can exceed the limit.

The day of contracts for work-linked training will be the amount of time actually worked in the business and the time of formal training. Without prejudice to that amount may be less than the maximum duration of the standard working day, these contracts are assimilated to full-time contracts. In any case, the time may not be higher than 65 per cent, during the first year, or 85 per cent, during the second, the maximum length of the collective implementation in the company, or for the maximum length.

In cases where the daily hours of work include both time actually worked as a training activity, displacement required to attend the training centre awarded as time worked unpaid.

Persons employed contract of work-linked training may not work longer hours overtime work or complementary, except in the case under article 35 . 3 of the statute of workers. They may not perform night work or work in shifts.

Exceptionally, may be carried out work in the above-mentioned periods when the training activities for the acquisition of learning accomplishments in the training plan not to develop other periods, owing to the nature of the activity.

There may be held in alternation training contracts when the activity or job under the contract has been played by the individual worker at the same company under any form by time more than six months.

No discrimination shall be trial period in these contracts.

The reckoning will be provided in these contracts in the collective application. In the absence of conventional forecasting, payment may not be lower than 60 per cent the first year or the seventy-five per cent the second, regarding the set in the convention for the professional group restorative and level for the functions performed, in proportion to the time actually worked. In no case may be lower pay the minimum wage in proportion to the time actually worked.

Training activity

The contract for the work-linked training should incorporate in the annex to the cooperation agreement signed between the centre or formative entity in which the student or develop their training and enterprise.

The collaboration agreements signed between the centres or training entities and companies, to the conclusion of contracts of dual training defined beforehand the skills and expertise which is designed to achieve, in a complementary and coordinated with those who acquire during training in the centre or entity by the individual workers, in accordance with the implementing legislation.

The cooperation agreement will cover at least the following:

A) criteria for the establishment of the day and working hours in the centre and the company.

(B) individual educational Plan, which shall contain, at a minimum:

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. They should be measurable targets and milestones calendarizados.

(b) coordination mechanisms between the training activity and activity in the company, for the follow-up to the objectives and milestones integrated into the formativo-laboral itinerary.

(c) Mechanisms and monitoring.

(d) evaluation systems of labour activity developed.

(C) if any, straightforward procurement commitments by the company, once the contract of work-linked training.

The company shall report to the legal representation for working people partnership agreements to be agreed for the recruitment, as well as, specifically, the individual plans.

Fostering linked to the contract

The person contract workers in work-linked training will have the care of a person designated by the centre or entity, and the other appointed by the company that they should include appropriate experience or training.

The person or guardian of the enterprise must safeguard the development of labour activity, ensuring that develops in accordance with the cooperation agreement, and will be responsible for follow-up of the itinerary formativo-laboral, the monitoring of individual workers and the evaluation of the preparatory work, having developed elaborate, at the end of the work of the individual workers, a report on the exercise of employment in the terms set out in the individual educational plan.

Nevertheless, if this is foreseen in the plan itself, the main guardian in the company may designate other persons working in the company that, for their professional skills, to participate in the development of the itinerary formativo-laboral.

The company should ensure that the person named as guardians has time and resources needed to ensure the compliance of individual training, without prejudice to the setting of specific acts that can compensate for the development of those functions.

The person appointed by the guardian or training entity must ensure, beyond the requirements contained in the cooperation agreement, effective coordination with the person designated guardian by the company.

The vocational training entities accredited and registered and university centres, within the framework of agreements and cooperation agreements, developed, with the participation of the company, individual training plans specifying the content of the training, timetable and the activities and requirements of financial assistance for the fulfilment of their objectives.

Other features

The protection of Social security for dual training will include all contingencies, situations protegibles and benefits, including unemployment. It shall be entitled to coverage of Wage Guarantee fund.

Considered tacitly extended, unless proved otherwise, such as regular contract for an indefinite time, if fulfilled the maximum term of the contract it should continue while serving in the company.

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.
  • Royal Decree 1529/2012, 8 november, which develops the contract for the training and learning and lays the foundation for the dual vocational training.
  • Decreto-ley Real 1/2023, 10 january, urgent measures in the area of incentives for employment and enhancing social protection of persons artists.

Temporary work agencies may conclude contracts for the work-linked training with the successful people recruited to be made available to the user company in accordance with the regulations governing the cited contract. These temporary work agencies are to fulfil the obligations established in the formative article 11 . 2 of the workers' statute and its implementing rules.

ETT will be responsible for aspects of the contract.

The user enterprise shall safeguard the development of labour activity, appointing the person responsible for the same in the contract of available between ETT and user company.

Incentives

In the case of workers hired for training in alternation and placed at the disposal of user companies, the latter will be entitled, under the terms established in Article 10, to a bonus of 128 euros/month for three years. In the case of women, such bonus will be 147 euros/month, when they enter into an employment contract for an indefinite period of time.

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.
  • Decreto-ley Real 1/2023, 10 january, urgent measures in the area of incentives for employment and enhancing social protection of persons artists.

The protection of Social security in the contracts for the dual training workers with students in vocational training programmes, placement and employment workshop will comprise the same contingencies, situations protegibles and benefits for the rest of hired labourers under this modality, as set out the article 11 . 2 .h) of the status of workers, including after the entry into force of the royal Decreto-Ley 28 / 2018 , 28 december, the coverage of the contingency of unemployment, as set out in its transitional provision fifth.

In summary shall be as follows:

  • It was not applied the upper age limit of these contracts, nor the times of minimum and maximum lengths in the same, nor in regard to the limit and duration of adjournments.
  • Not to interrupt the computation of the total contract duration situations of temporary incapacity, risk during pregnancy, maternity, adoption or fostering, risk during lactation and paternity leave.
  • It will not be necessary to fill in the Annex relating to the agreement for the training activity, or obtain authorization from the very beginning, because it is implicit in the adoption of the project.

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.

Contracts concluded with persons with disabilities equal or exceed the 33 per cent and other similar situations, will have the following characteristics:

If there is an intellectual disability, may be made up 25 per cent of working time to rehabilitation, retraining or personal or social adjustment.

The educational opportunities may be made more flexible as well as facilitation of access to training centres, if necessary, according to specific regulations.

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 planned for contracts for the work-linked training.

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

  • Decreto-ley Real 32/2021, 28 december, on urgent measures to labour reform, ensuring stability in employment and the transformation of the labour market.
  • Decreto-ley Real 1/2023, 10 january, urgent measures in the area of incentives for employment and enhancing social protection of persons artists.

Contracts concluded with persons with intellectual capacity limit, it is understood by such persons registered in public employment services as a jobseeker means unoccupied officially, according to existing standards of assessment of the situation of disability, at least one 20 % intellectual disability and do not reach the 33 per cent.

Enjoy the following characteristics:

The maximum duration of the contract may be extended for a favourable report of the public employment service, that these effects may seek report of the technical teams of valuation and guidance of disability, when relevant, because of the type and degree of disability and other individual circumstances and professionals of the worker, as well as the characteristics of the training process to be carried out, the worker had not reached the minimum level of knowledge required to perform the job, without, in any case, a maximum of four years.

Persons with intellectual capacity may carry out in the workplace or to-face learning processes in the formation of business modules that are not.

Incentives

Where recruitment is being held against a worker, registered as unemployed job seeker:

The contract of work-linked training will, during its term, including its extensions, in terms of article 10 , to a bonus of 91 euros/month. Moreover, the above-mentioned contract gives the right to a bonus of 28 eur/month in the assessment of the individual workers to Social security and for joint fund-raising.

Indefinite conversion:

The ongoing training contracts of indefinite to finalize its initial duration or extended, whatever the timing, entitled to a bonus in quotation, in terms of article 10 , 128 eur/month for three years. In the case of women, the bonus shall be of 147 eur/month.

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.
  • 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