What types of training contracts are included in the 2022 labour reform?
- 13 October 2022
- Business Consultancy, Insurance Brokerage
The new labour reform, effective as of the 30th March 2022, includes two types of training contracts: alternating work-training contracts and contracts for professional practice. The old internship, training and apprenticeship and dual university training contracts are eliminated.
As for training contracts, there will be two modalities and the most significant particularities are detailed below:
- Training in alternation with paid work. The training contract is limited to young people up to 30 years of age. The minimum duration will be between 3 months and 2 years (new art. 11.2 of the ET). Working hours shall not exceed 65% in the first year and 85% in the second year and no overtime, shift work or night work is allowed. It is limited for a period of between 3 and 24 months (nine art. 11.2 ET). It is never less than the minimum interprofessional wage.
- Training in alternation to obtain professional practice. The alternating training contract aims to respond to the acquisition of the professional competence corresponding to a certain level of studies.
- Under negotiation, pending the publication of the Trainee Statute.
Dual vocational training – Contract for training and apprenticeship
Dual vocational education and training
This is a model of vocational training that combines the training of students in the educational establishment with paid work activity, the aim of which is the professional qualification of workers in a system of alternating work activity with training activity in a company.
The contract for alternating training must include as an appendix the collaboration agreement signed between the training establishment or entity where the student carries out his or her training and the company.
The training plan is drawn up by the educational establishment but with the participation of the company. This plan must include:
- A training-work itinerary that specifies the contents of the work activity in the company throughout the contract.
- Work activity assessment systems.
- Mentoring mechanisms.
Type:
- Exclusively in the training establishment.
- With the participation of the company.
- In the company and in the training establishment.
- Shared between the training establishment and the accredited company.
- Exclusively in the accredited company.
Target group:
The person hired may not be under sixteen or over thirty years of age. No maximum age limit for people with disabilities and people in social exclusion.
Employment contract:
Dual vocational training in the vocational training system for employment will be materialized through the contract for training and learning and in the educational system it will be carried out through a collaboration agreement between the participating centers and the companies of the corresponding sector with the possibility of receiving grants or aid.
Training Aspects:
The training activity inherent to the contract will be that necessary to obtain a vocational training qualification, certificate of professionalism, etc., and must be related to the work activity carried out in the job.
The participating centers are public and private centers accredited by the labour administration to provide training for Certificates of Professionalism, and public and subsidized private centers authorized by the education administration to provide Vocational Training Qualifications.
Duration:
It will be the one foreseen in the corresponding training plan or programmed, with a minimum of 3 months and a maximum of two years.
Remuneration:
The salary will be that established in the collective agreement. In the absence of any provision, the remuneration may not be less than 60% in the first year and 75% in the second year for the level of remuneration and professional group. It shall never be less than the minimum interprofessional wage in proportion to the effective working time (€1,166.66 including extra payments).
Distribution between work and training activities:
The working hours shall not exceed 65% in the first year and 85% in the second year and the training activity 35% in the first year and 15% in the second year.
Incentives:
Reduction in Social Security contributions: 100% reduction in company contributions when the company's workforce is less than 250 people or 75% if it is equal to or more than 250 people;
Training subsidies: companies may receive a subsidy for the cost of training received by workers, as well as for the hours of tutoring by the company tutor, with a limit of 40 hours per month.
Companies will be entitled to a reduction in Social Security contributions of €1,500 per year for the first three years, and €1,800 in the case of women. contract into an indefinite contract.
Benefits for the worker:
100% reduction in the contributions of the worker hired.
Full social protection and unemployment.
Training Employment Contract for Professional Practice (former Traineeship Contract)
The objective of this type of contract is to obtain professional practice appropriate to the level of studies or training corresponding to the qualification obtained by the worker.
Target group:
For those in possession of:
- A university degree or an intermediate or higher degree, specialist, professional master's degree or certificate from the vocational training, Qualifications and professional training system, as well as with those in possession of an equivalent degree in artistic or sports education from the education system, which enables or qualifies them for the exercise of the work activity.
- The work contract for obtaining professional practice must be concluded within three years, or within five years if it is concluded with a person with a disability, following the completion of the corresponding studies.
Advantages for the company:
- Companies that enter into contracts for professional practice with disabled workers will be entitled to a reduction, during the term of the contract, of 50% of the employer's social security contribution corresponding to common contingencies.
- Conversions of internship contracts into permanent full-time or part-time contracts will be entitled to a rebate in the employer's social security contributions of 500 Euros/year for three years. If the contract has been made with a woman, the bonus will be 700 Euros/year.
Duration of the contract:
- It may not be less than six months or exceed one year.
- No person may be contracted in the same or different companies for longer than the maximum period foreseen for the same qualification or certificate of professionalism.
Probationary period in the company:
The probationary period may in no case exceed one month, except as provided for in the collective agreement.
Remuneration:
Remuneration for working time shall be that established in the collective agreement applicable to the company for these contracts. In no case may the remuneration be less than the minimum remuneration established for work-linked training or the minimum interprofessional wage (€1,166.66 including extra pay).
In the case of part-time workers, the salary will be reduced according to the agreed working day.
Training plan and certification of the internship:
The training plan of each contract for obtaining professional practice must include:
- Training-work itinerary that specifies the contents of the work activity in the company.
- Work activity evaluation systems
- Tutoring activities to be carried out
