CONTRACT FOR THE TRAINING AND LEARNING

Definition

This contract modality is configured as a tool to promote employment and training of young people, in a regime of alternation of paid work in a company with formative activity received within the system of vocational training for employment or the educational system.

Specific clauses

The formative activity inherent in the contract shall be the necessary for obtaining a title of vocational training, certificate of professionalism, academic certification or partial accreditation accumulated, and must be related to labour activity developed in the workplace. The period of training will be developed during the duration of the contract. Companies will finance the cost of the formation through reductions in employers' contributions to Social security.

Contracts for the training and learning can be beneficiaries of incentives for hiring, when they meet the requirements demanded by the laws of application, depending on the size of the company. The incentive will be a reduction of 100 % in the Social security contributions of the worker hired and 100 % in employer contributions to Social security when the template of the company is less than 250 people or 75 % if it is equal to or greater than 250 workers.

In the case of workers enrolled in the national system of Security Juvenil, this incentive, in the same percentage, shall consist of a bonus from 1 January 2017 .

Exhausted its maximum duration, if becomes undefined, companies have the right to a reduction in quotas Social security 1 . 500 euros during the first three years or 1 . 800 in the case of being a woman.

In the case of workers enrolled in the national system of Security Juvenil, this incentive will consist of a bonus from 1 January 2017 .

Formalization

The formalization of the contract and annexes relating to agreements for the formative activity shall be in writing in the official templates established by the public employment service State. Public employment services concerned authorize prior to the formalization initial and extensions, the start of the educational activity.

Will become permanent staff, anyone who has been the mode of recruitment, who had not been discharged in Social security, after legally equal to that have been 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 or when finished the time agreed in the contract, there is no explicit allegation of any party.

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

The content of the contract and its annexes is communicated to the public employment service for within the 10 days of its conclusion or completion, as well as their extensions.

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.

Rules

  • Article 11 . 2 and Transitional Provision 2 Th 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 1529 / 2012 , 8 November, which develops the contract for the training and learning and set the foundations of vocational training dual. [BOE consolidated legislation]
  • Final disposal 5th of law 11 / 2013 , 26 July, of support measures the entrepreneur and stimulating growth and job creation. [BOE consolidated legislation]
  • Final disposal second and final disposal 6th of the royal Decreto-ley 16 / 2013 , 20 December, measures to encourage the recruitment stable and improving employability of workers. [BOE]
  • ESS/order 2518 / 2013 , 26 December, regulating the formative aspects of the contract for the training and learning, developing the royal decree 1529 / 2012 , 8 November, which develops the contract for the training and learning and set the foundations of vocational training dual. [BOE consolidated legislation]
  • Decreto-ley Real 6 / 2016 , 23 December, urgent measures to the momentum of the national system of Youth Guarantee. [BOE]

Requirements of workers

It may hold this contract with older workers of sixteen years and under 25, lacking professional qualification recognized by the system of vocational training for employment or the educational system required to conclude a contract in practice for the job or occupation object of the contract.

The maximum age shall not apply when the contract is concluded with people with disabilities, or with the collectives in situation of social exclusion under the law 44 / 2007 of 13 December, in cases where they are employed by companies of insertion, who are qualified and active in the corresponding administrative register, or in the case of contracts with students participating in employment projects and training (Article 10 the royal Decreto-Legislativo .b 3 / 2015 ).

Characteristics of the contract

The contract for the training and learning will aim at the professional qualifications of workers in a regime of alternation of paid work in a company with formative activity, received within the system of vocational training for employment or the educational system.

Must be made in writing, the contract and their extensions, explicitly stating its content.

Authorization of the formative activity of the same, which will be presented the agreement for the formative activity of the contract, contracts may not be part-time.

The minimum contract duration will be a year and a maximum of three years, while through collective agreement may be different durations of the contract, without the minimum length can be less than six months or a maximum of three years. The limit of term of the contract shall not apply in the case of contracts with students involved in projects of employment training.

In the event that the contract was concluded by less than the maximum legal or conventionally established, may be extended by agreement of the parties, for up to two times without the duration of each extended may be less than 6 months and without the total length of the contract can exceed the maximum length.

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.

Working time cash, which should be compatible with the time devoted to educational activities, may not be higher than 75 % during the first year, or 85 % during the second and third year, the maximum length under the collective agreement or, failing that, the maximum length legal.

Workers may not perform overtime, except in the course under Article 35 . 3 , the status of the workers (prevent or repair casualties and other damage extraordinary and urgent), nor night work, or work in shifts.

Expired the duration of the contract for the training and learning, the worker may not be retained under this mode for the same or different company unless the formation inherent in the new contract aims to obtain different qualifications.

(The company may obtain these effects a certification in its public employment service on potential previous recruitment for the formation that the worker in other companies).

The company may seek prior to these effects a certification in its public employment service on potential recruits in this mode of contract for the formation that the employee has taken into other companies.

Cannot be contract for training and learning when the job for the contract has been played earlier by the worker in the same company for time more than twelve months.

Worker's compensation will be proportional to the working time cash, as established in agreement and never below the proportional part of the minimum wage.

Formative activity

(Article 16 and following of the Royal Decree 1529 / 2012 , 8 November, which develops the contract for the training and learning and set the foundations of the dual and vocational ESS/Order 2518 / 2013 , 26 December, regulating the formative aspects of the contract for the training and learning, developing the royal decree 1529 / 2012 , 8 November, modified by the command ESS/ 41 / 2015 , 12 January, amending the command ESS/ 2518 / 2013 , 26 December and the order TAS/ 718 / 2008 , 7 March, which develops the royal decree 395 / 2007 , 23 March, which regulates the subsystem vocational training for employment, on the subject of training and establishes the rules for awarding public subsidies to its funding).

The formative activity inherent in the contract for the training and learning will aim at the professional qualifications of workers in a regime of alternation of paid work in the company, and it will be necessary to obtain a title of secondary vocational or higher, or a certificate of professionalism, academic certification or partial accreditation cumulative.

Workers must be trained inherent in the contract for the training and learning directly into a training centre of the network referred to 5th additional provision of the organic law 5 / 2002 , 19 June, qualifications and vocational training, previously recognized by the national system of employment.

However, you can also receive such training in the company itself when the same availability of installations and staffed to the effects of the accreditation competition or professional qualification, without prejudice to the need, in its case, the realization of supplemental training periods in the centres of the above network.

Labour activity played by the worker in the company must be related to educational activities.

The training activities may include additional training not referring to the National Catalogue of professional qualifications to adapt to both the needs of workers and businesses, (funded under Article 4 . 2 the order ESS/ 2518 / 2013 , 26 December, as amended by the command ESS/ 41 / 2015 , 12 January, and the command TAS/ 718 / 2008 , 7 March, which develops the royal decree 395 / 2007 , 23 March)

The qualification or professional expertise gained through the contract for the training and learning will receive accreditation in the terms laid down in Organic Law 5 / 2002 , 19 June, qualifications and vocational training, and its implementing regulations. Under such regulation, the worker may request of the competent public administration issuance of the corresponding certificate of professionalism, title of vocational training or, in their case, partial accreditation cumulative.

Prior to the formalization of the contract for the training and learning, the company must verify that, for the actual work to be done by the worker, there is a formative activity related to the same which corresponds to a title of vocational or with a certificate of professionalism.

Corresponds to public employment services, in collaboration with educational administrations, inform and guide companies and workers for recruitment, training and alignment between the characteristics of the jobs offered by the company and training centres available to deliver the formation inherent in the contract.

The formative activity will be previously authorized to its start by the public employment service responsible of the Autonomous Community. if within one month there is no resolution, is estimated the application by administrative silence.

The authorization of beginning of activity, modifications of the agreement and completion of the training will be communicated to the public employment services of the Autonomous Communities, the public employment service state, if it is the transitional regime, directly by the company or by the training centre sign the agreement of activity formativa.La competent Autonomous Community may choose for all these procedures performed through the Electronic Record of public service jobs State.

Content of the formative activity

Esta formación será la necesaria para la obtención de un título de formación profesional o certificado de profesionalidad, o una certificación académica o acreditación parcial acumulable.

The programming of the same will qualify for the royal decrees governing certificates of professionalism or cicles formatius titles.

Podrá incluirse además, formación complementaria asociada a las necesidades de la empresa o de la persona trabajadora, que deberá ser incluida en el acuerdo de formación y autorizada por el Servicio Público de Empleo competente.

This training is the subject of public funding through bonuses according to the order ESS/ 2518 / 2013 , 26 December, regulating the formative aspects of the contract for the training and learning, developing the royal decree 1529 / 2012 , 8 November, which develops the contract for the training and learning and set the foundations of the dual vocational training, as amended by the command ESS/ 41 / 2015 , 12 January, amending the command ESS/ 2518 / 2013 , 26 December, regulating the formative aspects of the contract for the training and learning, developing the royal decree 1529 / 2012 , 8 November, which develops the contract for the training and learning and set the foundations of the dual vocational training and the order TAS/ 718 / 2008 , 7 March, which develops the royal decree 395 / 2007 , 23 March, which regulates the subsystem vocational training for employment, on the subject of training and establishes the rules for awarding public subsidies to its funding.

Agreement for the formative activity

Simultaneously signed by the company with the accredited training centre or organ of educational or labour Administration will provide contract formation, and with the worker. Must contain at least:

  • Identification of the representatives of the company, training centre and worker.
  • Identification of individuals that go to exercise guardianship of the company and the centre of training.
  • Title of vocational training, or certificate of professionalism, partial certification accumulateable or academic certification object of the contract and detail of additional training, in his case.
  • Mode of delivery of training: presencial, or mixed eLearning, in the field of vocational training for employment, and in solitary presencial or remotely, in education, in accordance with the regulations of certificates of professionalism or titles of vocational training, indicating in the agreement of the contract which part will be developed in the company and in a training centre, teachers as well as the form and evaluation criteria.
  • Contents of the training programme calendar, day, programming and business hours of work and training, your distribution temporarily or concentration with regard to work.
  • Duration of training, which will be at least the necessary for obtaining the title of vocational training, certificate of professionalism or academic certification or partial accreditation cumulative.
  • Criteria for the reconciliation of holidays in the business and academic not period in a training centre.
  • If the training is carried out in the company itself under Article 18 . 4 the royal decree 1529 / 2012 , 8 November, which develops the contract for the training and learning and set the foundations of vocational training dualBOE consolidated legislation], the content will be in line with this course and signed by the company and the individual worker.
Who conducts training

(Article 18 the royal decree 1529 / 2012 , 8 November, which develops the contract for the training and learning and set the foundations of vocational training dual and Article 5 the order ESS/ 2518 / 2013 , 26 December, regulating the formative aspects of the contract for the training and learning, developing the royal decree 1529 / 2012 , 8 November, which develops the contract for the training and learning and set the foundations of the dual vocational)

  • The training is provided in vocational training centres reflected in additional provision 5th of the organic law 5 / 2002 , 19 June, qualifications and vocational training.
  • Training centres in titles of vocational training dependent on educational administrations
  • Training centres of certificates of professionalism, accredited by public employment services.
  • In the companies themselves when have the facilities and staffed and are licensed and/or accredited.
  • Contents: The certificate of professionalism or title of vocational training.
  • Duration: The specified in the certificate or title of vocational training.
  • Accreditation: be prompted for the competent public administration the issuance of professionalism, the title of vocational training, certification background or partial accreditation accumulated, in his case.
Training costs and its financing
  • Through bonuses on employer contributions of Social security. Apply Articles 8 , 9 10 AND 11 the order ESS/ 2518 / 2013 , 26 December, modified by the command ESS/ 41 / 2015 , 12 January, the command TAS/ 718 / 2008 , 7 March, which develops the royal decree 395 / 2007 , 23 March.
  • Bankable costs of training are calculated according to the modules:
    • Class mode: Costs time/participant will 8 euros.
    • Distance mode/eLearning: Costs time/pupil will 5 euros.
    • Additional bonus tutorízación: maximum 1 , 5 euros per student and tutorial, with a maximum of 40 hours per month and pupil.
    • In enterprises with less than 5 workers, the amount of the previous maximum will 2 euros per student and time.
  • Maximum bonuses that may apply the company will be the corresponding to a number of hours equivalent to 25 % during the first year and 15 % of the same during the second and third year.
  • The payment training facilities accredited or licensed, privately owned, the company paid monthly to center the cost of training, therefore will be applied for the bonuses in the Social security contributions, according to Article 10 the order ESS/ 2518 / 2013 , 26 December.
  • The centre will issue to the company monthly invoice specifying: name of the centre, representative of the same, data of participants, training conducted, number of training hours of the month liquidated and date of invoice.
  • The training centre, or the company in your case, inform the public employment service state, through electronic registration, all previous data, according to be regularly checking, or within the month following the termination of budgetary period.
  • Additional training will be fundable through the budget of the public employment service state, under subparagraph 2 article 4 the order ESS/ 2518 / 2013 , 26 December, as amended by the command ESS/ 41 / 2015 , 12 of January and the order TAS/ 718 / 2008 , 7 March, which develops the royal decree 395 / 2007 , 23 March.

Incentives

When the recruitment hold with an unemployed worker, registered as a jobseeker:

  • Companies that sign contracts for training and learning with disabled workers will be entitled to a reduction of 50 percent in employer contributions of Social security planned for contracts for training and learning.
  • Companies have the right, during the whole contract, including the extension, to a reduction of 100 % of employer contributions to Social security for common contingencies, as well as the corresponding to accidents at work and occupational diseases, unemployment, wage guarantee fund and vocational training, for the contracts, if the contract is made by companies whose template is less than 250 people, or the 75 %, on the assumption that the company has a template greater than or equal to that number.
  • In the case of workers enrolled in the national system of Security Juvenil, this incentive, in the same percentage, shall consist of a bonus from 1 January 2017 .
  • Similarly, in contracts for the formation held or extended as described in the previous paragraph, will reduce the 100 % of contributions of workers to Social security during the whole contract, including its extensions.

Undefined conversion:

  • Contracts for the training and learning, if become indefinite to completion of its initial duration or extended, anyone who is the date will be entitled to a reduction in the company quota to Social security for 1 . 500 €/year, for three years. In the case of women, this reduction will be 1 . 800 €/year.
  • In the case of workers enrolled in the national system of Security Juvenil, this incentive will consist of a bonus from 1 January 2017 .
  • To qualify for these incentives will meet the requirements and not found in the causes of exclusion under section 1 Th of chapter I of the law 43 / 2006 .

Other features

The protective action of Social security of the worker hired for training and learning will include all contingencies, shuffle situations and benefits, including unemployment. Also, it has the right to the coverage of the wages guarantee fund.

If the worker continue in the company at the end of the contract, it may not be a new trial period, give the duration of the contract for purposes of seniority in the company.

Is considered to be extended tacitly, unless proved otherwise, as regular contract indefinitely, if fulfilled the maximum term of the contract will continue serving in the company.

Rules

  • Decreto-Legislativo Real 3 / 2015 , 23 October, which approves the consolidated text of the law of employment.
  • Law 44 / 2007 , 13 December, for regulating the system of enterprises [BOE consolidated legislation]
  • Royal Decree 1529 / 2012 , 8 November, which develops the contract for the training and learning and set the foundations of vocational training dual. [BOE consolidated legislation]
  • ESS/order 2518 / 2013 , 26 December, regulating the formative aspects of the contract for the training and learning, developing the royal decree 1529 / 2012 , 8 November, which develops the contract for the training and learning and set the foundations of vocational training dual. [BOE consolidated legislation]
  • ESS/order 41 / 2015 , 12 January, amending the command ESS/ 2518 / 2013 , 26 December, regulating the formative aspects of the contract for the training and learning, developing the royal decree 1529 / 2012 , 8 November, which develops the contract for the training and learning and set the foundations of the dual vocational training and the order TAS/ 718 / 2008 , 7 March, which develops the royal decree 395 / 2007 , 23 March, which regulates the subsystem vocational training for employment, on the subject of training and establishes the rules for awarding public subsidies to its funding. [BOE]
  • ESS/order 1249 / 2015 , 19 June, extending the deadline under the transitional provision 8th of law 3 / 2012 , 6 July, urgent measures to labour market reform, relating to contracts for training and learning. [BOE]
  • Law 3 / 2012 , 6 July, urgent measures to the reform of the labour market. [BOE consolidated legislation]
  • Decreto-ley Real 6 / 2016 , 23 December, urgent measures to the momentum of the national system of Youth Guarantee. [BOE]
  • 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 the training and learning with workers hired to be placed at the disposal of user companies as envisaged in the regulation of this contract. These temporary employment agencies must meet the formative obligations established in Article 11 . 2 the status of workers and their development standards.

The ETT will be responsible for the formative aspects of the contract, including the agreement for the educational activity.

The user company should protect the development of work, designating the person responsible for the same in the contract of available between the ETT and the user company.

Incentives

In the case of workers hired for training and learning and placed at the disposal of user companies, they have the right to a reduction in employer contributions to Social security, consisting of 1 . 500 €/year, for three years (if the contract was celebrated with a woman will 1 . 800 €/year) when, seamlessly, conclude with these workers an employment contract indefinitely.

In the case of workers enrolled in the national system of Security Juvenil, this incentive, in the same percentage, shall consist of a bonus from 1 January 2017 .

Rules

  • Article 11 . 2 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 1529 / 2012 , 8 November, which develops the contract for the training and learning and set the foundations of vocational training dual. [BOE consolidated legislation]
  • Law 11 / 2013 , 26 July, of support measures the entrepreneur and stimulating growth and job creation. [BOE consolidated legislation]
  • Decreto-ley Real 16 / 2013 , 20 December, measures to encourage the recruitment stable and improving employability of workers. [BOE]
  • ESS/order 2518 / 2013 , 26 December, regulating the formative aspects of the contract for the training and learning, developing the royal decree 1529 / 2012 , 8 November, which develops the contract for the training and learning and set the foundations of vocational training dual. [BOE consolidated legislation]

The protective action of Social security in contracts for the training and learning signed with students workers in programmes of workshop schools, houses of offices and employment workshops, will include the same contingencies shuffle situations and benefits for the rest of contract workers under this mode, as laid down in 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 stated in its transitional provision fifth.

In summary will have the following characteristics:

  • Does not apply the maximum age of these contracts, nor the times of minimum and maximum duration in them, nor on threshold and duration of the extensions.
  • Do not interrupt the computation of total duration of the contract situations of temporary incapacity, risk during pregnancy, maternity, adoption or fostering, risk during lactation and parenthood.
  • Will not be necessary to fill out of Annex on the agreement for the formative activity, or obtain permission from beginning of the same, for being implicit in the adoption of the project.

Rules

  • Article 11 . 2 and second additional provision of Right Legislative Decree 2 / 2015 , 23 October, which approves the consolidated text of the law of the status of workers. [BOE consolidated legislation]
  • Royal Decree 1529 / 2012 , 8 November, which develops the contract for the training and learning and set the foundations of vocational training dual. [BOE consolidated legislation]
  • Law 11 / 2013 , 26 July, of support measures the entrepreneur and stimulating growth and job creation. [BOE consolidated legislation]
  • Decreto-ley Real 16 / 2013 , 20 December, measures to encourage the recruitment stable and improving employability of workers. [BOE]
  • ESS/order 2518 / 2013 , 26 December, regulating the formative aspects of the contract for the training and learning, developing the royal decree 1529 / 2012 , 8 November, which develops the contract for the training and learning and set the foundations of vocational training dual. [BOE consolidated legislation]

(Second additional provision of Royal Decree 1529 / 2012 , 8 November, which develops the contract for the training and learning and set the foundations of vocational training dualBOE consolidated legislation])

Contracts with people with disabilities equal to or greater than 33 % and other similar situations, will have the following characteristics:

You can request permission to public service jobs for enlargement of the maximum length of the contract, up to four years.

If there is an intellectual disability, may be conducted until a 25 % of working time to rehabilitation, empowerment or for personal or social adjustment.

The oferta formativa may be relaxed, as well as improve accessibility training facilities, if necessary, according to the specific regulations.

Incentives

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

Rules

  • Article 11 . 2 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 1529 / 2012 , 8 November, which develops the contract for the training and learning and set the foundations of vocational training dual. [BOE consolidated legislation]
  • Law 11 / 2013 , 26 July, of support measures the entrepreneur and stimulating growth and job creation. [BOE consolidated legislation]
  • Decreto-ley Real 16 / 2013 , 20 December, measures to encourage the recruitment stable and improving employability of workers. [BOE]
  • ESS/order 2518 / 2013 , 26 December, regulating the formative aspects of the contract for the training and learning, developing the royal decree 1529 / 2012 , 8 November, which develops the contract for the training and learning and set the foundations of vocational training dual. [BOE consolidated legislation]

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Updated in January 2021