CONTRACT IN PRACTICE

Definition

The contract of employment 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.

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 law 5 / 2002 , 19 June, qualifications and vocational training, which made available for the professional exercise.

Specific clauses

Contracts in practices can be beneficiaries of incentives to recruitment, when they meet the requirements demanded by the implementing legislation. When the contract is concluded with a minor 35 years who has recognized a degree of disability than or equal to 33 %, it shall be entitled to a reduction of 50 % of the company quota to Social security for common contingencies corresponding to the worker hired during the duration of the contract.

Formalization

Its formalization must be in writing. Not to be seen the formalization in writing when it is earned, the contract is presumed held indefinitely and full time, except evidence to the contrary to prove their temporary nature or character part time of services, as stipulated Article 8 . 2 the status of the workers. In any case, either party may require that the contract is formalised in writing even during the course of the employment relationship.

Will become permanent staff, anyone who has been the mode of recruitment, which have not been registered in Social security, after a period equal to that legally could set for the trial period, unless the nature of activities or contracted services is clear the temporary duration of the same, without prejudice to any other responsibilities, in law.

Are assumed to be indefinitely temporary contracts concluded in fraud law.

Entrepreneurs must be notified to legal representation of workers in companies, contracts made in accordance with the methods of personnel recruitment by time, when there is no legal obligation to deliver basic copy.

The content of the contract is communicated to the public employment service State within the 10 days of its conclusion, as well as their extensions, whether or not formalized in writing.

When you formalize the contract with a worker with disabilities will be formalised contract in writing 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.

Si el contrato se celebra a tiempo parcial en el contrato deberán figurar el número de horas ordinarias de trabajo al día, a la semana, al mes o al año contratadas y su distribución. De no observarse estas exigencias, el contrato se presumirá celebrado a jornada completa, salvo prueba en contrario que acredite el carácter parcial de los servicios y el número y distribución de las horas contratadas.

Rules

  • 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. [BOE consolidated legislation]
  • Royal Decree 488 / 1998 , 27 March, that develops article 11 the status of the workers in the field of training contracts. [BOE consolidated legislation]
  • Royal Decree 63 / 2006 , 27 January, which approves the status of personnel researcher in formation. [BOE]
  • Law 35 / 2010 , 17 September of urgent measures to the reform of the labour market. [BOE consolidated legislation]
  • Law 3 / 2012 , 6 July, urgent measures to the reform of the labour market. [BOE consolidated legislation]
  • Decreto-ley Real 16 / 2013 , 20 December, measures to encourage the recruitment stable and improving employability of workers. [BOE]

Requirements of workers

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 in accordance with the Organic Law 5 / 2002 , 19 June, 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.

Characteristics of the contract

Written must be explicitly stating the title of the worker, the duration of the contract and the job to play during practices.

Must be communicated to the public employment service within the next 10 days to its conclusion, like the extensions of the same.

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.

Situations of temporary incapacity, birth, adoption, custody for adoption, care, risk during pregnancy, risk during lactation and gender violence interrupt the computation of the duration of the contract.

The test period may not exceed a month to contracts concluded with practices workers in possession of title of medium degree or certificate level of professionalism 1 or 2 , ni a dos meses para los contratos en prácticas celebrados con trabajadores que estén en posesión de título de grado superior o de certificado de profesionalidad de nivel 3 , except as provided in collective agreement.

A la finalización del contrato no podrá concertarse un nuevo periodo de prueba, computándose la duración de las prácticas a efectos de antigüedad en la empresa.

Conversions in indefinite contracts full-time or part-time, she may receive bonuses regulated by law 3 / 2012 , 6 July (BOE of 7 July) (See: specific clauses of “ Conversion of contracts in practices, baton and replacement by anticipation of the retirement age bonus indefinite ”).

Other features

Worker's compensation will be set in collective agreement for workers in practice, without that, in its defect, may be less than 60 % or 75 % 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.

Rules

  • 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. [].
  • Royal Decree 488 / 1998 , 27 March, that develops article 11 the status of the workers in the field of training contracts. [BOE consolidated legislation].
  • Law 35 / 2010 , 17 September of urgent measures to the reform of the labour market. [BOE consolidated legislation].
  • Law 3 / 2012 , 6 July, urgent measures to the reform of the labour market. [BOE consolidated legislation].
  • Decreto-ley Real 6 / 2019 , 1 March, urgent measures to guarantee equal treatment and opportunities between women and men in employment and occupation [BOE]

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.

Incentives

In the case of workers employed in practices and placed at the disposal of user companies, they have the right, when, seamlessly, conclude with these workers an employment contract indefinitely in the same terms, and with identical that the bonuses laid down in paragraph 2 article 7 the law 3 / 2012 :

Bonus on employer contributions to Social security, consisting of 500 €/year, for three years. If the contract was celebrated with a woman will 700 €/year.

Rules

  • 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. [BOE consolidated legislation]
  • Decreto-ley Real 16 / 2013 , 20 December, measures to encourage the recruitment stable and improving employability of workers. [BOE]

Requirements of workers

In possession of university degree or secondary vocational or titles or higher officially recognized as equivalent, in accordance with the laws governing the current education system, or certificate of professionalism in accordance with the Organic Law 5 / 2002 , 19 June, qualifications and vocational training, which made available for the professional exercise.

That have not been more than seven years since the completion.

Characteristics of the contract

The contract will be done in writing, 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.

Shall be expressly qualifications of the worker, the duration of the contract and the job to play during practices.

Must be communicated to the public employment service within the next 10 days to its conclusion, like the extensions of the same.

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 to contracts concluded with practices workers in possession of title of medium degree or certificate level of professionalism 1 or 2 , or two months for contracts in practices concluded with workers in possession of title of higher degree or certificate level of professionalism 3 , except as provided in collective agreement.

Upon termination of the Agreement may not be a new test period, the duration of 7.65 practices for purposes of seniority in the company.

Incentives

Companies have the right to a reduction, for the duration of the contract, full or part-time, 50 % of the company quota of Social security for common contingencies.

Grant for adaptation of jobs, removing barriers or means of personal protection, provided that its duration equals or exceeds twelve months.

Conversions indefinite contracts in full-time or part-time will be eligible for bonuses regulated by law 43 / 2006 , 29 December (Article 2 . 2 ).

Other features

Worker's compensation will be set in collective agreement for workers in practice, without that, in its defect, may be less than 60 % or 75 % during the first or second year 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 trial period, with credit duration of practices for purposes of seniority in the company.

Possibility to obtain the benefits established in the Royal Decree 1451 / 1983 , 11 May, modified by the Royal Decree 170 / 2004 , 30 January, and the law 43 / 2006 , 29 September (BOE of 20 December), for the transformation of temporary contract in undefined.

Rules

  • 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. [BOE consolidated legislation]
  • Royal Decree 488 / 1998 , 27 March, that develops article 11 the status of the workers in the field of training contracts. [BOE consolidated legislation]
  • Royal Decree 170 / 2004 , 30 January, amending the royal decree 1451 / 1983 , 11 May, which as provided by law 13 / 1982 , 7 April, regulates selective employment and measures to promote employment for disabled persons. [BOE]
  • Law 43 / 2006 , 29 December, for the improvement of growth and employment. [BOE consolidadada legislation]

Catalogue of publications of the General administration of the state

http://publicacionesoficiales.boe.es

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

NIPO: 120 - 21 - 011 - 0

Updated in January 2021