Understanding Work Contracts: Training and Practice
Work Contracts for Practical Experience
Article 11.1 of the Workers’ Statute (Estatuto de los Trabajadores – ET)
Purpose: To provide paid employment that offers practical professional experience appropriate to the level of studies of an individual who possesses academic or professional qualifications. The tasks performed must fall within the scope of the relevant degree.
Requirements
- Employee: Must hold the title enabling them for the practice.
- Timing: The contract must be made within four years following the completion of studies.
- Documentation: The employee must provide the employer with a certified photocopy of their title.
Formalities
The contract must be in writing, stating the qualifications, contract length, and the position(s) to be held.
Duration
The contract duration must be no less than six months and no more than two years. Collective bargaining agreements may specify the duration depending on the characteristics of the sector.
Compensation
Compensation is set by collective agreement for workers in practice. It cannot be less than 60% of the salary set in the agreement for a worker performing the same job during the first year, and 75% during the second year.
Probation and Seniority
A probationary period is deductible and computable for seniority purposes if the employee continues with the company.
Termination
The contract ends upon the arrival of the agreed-upon final term.
Certificate of Completion
The employer is obliged to provide the employee with a certificate upon completion of the contract, stating the duration, jobs held, and tasks performed.
Hiring Individuals with Disabilities
Companies hiring individuals with disabilities will receive a 50% reduction in the employer’s contribution to Social Security.
Remote Work Contracts
Article 13 of the ET
A remote work contract (or home-based work contract) is one where the provision of paid work is performed at the worker’s home or in a place freely chosen by them, without direct supervision from the employer.
Formalities
The law requires the contract to be in writing and authenticated by the employment office. It must contain the place where the work will be performed.
Working Hours
Not subject to general provisions on working hours.
Compensation
Compensation must be at least equal to that of a worker with an equivalent professional grade in the relevant economic sector.
Document Control
The law requires any employer utilizing remote workers to maintain a document to control the work activity performed. This document must record the worker’s name, the type and amount of work, and the quantity of materials provided.
Training Contracts
Article 11.2 of the ET
Purpose: To combine paid work with theoretical and practical training necessary for the proper performance of a trade or skilled job.
Requirements
- Age: Must be over 16 and under 21 years of age. The upper age limit is extended to 24 when the contract is agreed upon with unemployed individuals joining as student-workers in school workshop programs and craft workshops. There is no age limit when the contract is agreed upon with unemployed individuals joining as student-workers in employment workshop programs or if the individual is disabled.
- Qualifications: The individual must not possess the qualifications required to formalize a work contract for practical experience.
- Previous Experience: The individual must not have exhausted the maximum duration of this type of agreement with the same or a different company.
Limitations
- It is not possible to exceed the maximum number of workers, as appropriate, depending on the workforce.
- Training contracts cannot be used for a job previously held by the worker in the same company for more than twelve months.
Formalities
The contract must be in writing.
Duration
The duration is a minimum of 6 months and a maximum of 2 years.
Content
- At least 15% of the maximum working week should be devoted to theoretical training, and the rest to work.
- The actual work should be related to the occupational level and tasks under the contract.
- Remuneration refers only to the actual work and will be fixed in the collective agreement, but it cannot be less than the Minimum Interprofessional Wage (SMI).
- Theoretical training can be received alternating with work or concentrated in a specific period, with modalities offered at approved centers. It must always be developed outside of working hours. The employer is obliged to grant permits to attend this training and to protect the training process, designated by a tutor.
Other Considerations
- A certificate of training is required.
- Labor welfare provisions apply.
- The training period is deductible for seniority purposes.
- The contract ends upon the arrival of the final term, following a complaint by either party.