Alternation training contracts and contracts to obtain professional practice
Companies often ask themselves What type of contract is most appropriate when it comes to incorporating students into internships. Choosing the appropriate type of contract based on the situation can be complex and doubts will arise when making the decision.
In this article we will move on to detail the information of each type of contract and we will resolve the main doubts regarding the characteristics of each contracting modality to make the task lighter.
Alternation training contract
He alternation training contract It is intended for people who do not have professional qualifications recognized through titles or certificates included in RD Law 1529/2012, they can opt for a training contract to access professional practice
To people who have a qualification, but the job they are about to perform is not directly related to the qualification they have, or people who have not previously had another training contract at the same training level or in the same field of training. production.
This type of contract has a duration of at least 3 months and a maximum of 2 years. And the age of the worker/student is extended to young people under 30 years of age. That is, it allows you to hire people over 30 years old, even when it comes to training linked to training specialties or professional certificates. For the rest of the training there is no age limit.
As far as the distribution of the work day and training is concerned, during the first year of the contract, the worker will occupy the effective working time in 65% of the day (26 hours per week) becoming 85% (34 hours weekly) in the second year. The rest of the time must be dedicated to the training activity, that is, in the first year, 35% of the day (14 hours per week) and 15% (6 hours per week) in the second year of the contract. This calculation has been made for a full-time contract, however, this type of contract also allows it to be carried out alternately under part-time dedication.
The salary may never be less than the Minimum Interprofessional Wage., in proportion to the effective working time and taking as reference the Collective Agreement that applies to you. Failing that, it can never be less than 60% on the amount established for the professional group with these functions during the first year and 75% during the second.
After going through this hiring model, the working students You will obtain an official professional certificate qualification which is characterized by being an official qualification at the European level. In the case of training specialties, an unofficial certificate will be issued that accredits the skills acquired from this training.
We highlight other characteristics to consider of this contractual modality:
- The trial period is eliminated from this contract; a trial period cannot be established in this type of contract.
- It is not allowed to work additional or extra hours to the usual working day.
- Night or shift work cannot be carried out unless the impossibility of carrying it out in another period of time is justified.
- The student/worker will have a tutor within the company who will accompany them in carrying out tasks and monitor them.
- The personnel assigned to this contract will have the right to all protectable contingencies and benefits, including unemployment.
Contract to obtain professional practice
This type of contract It has been designed for working people who have a university degree, intermediate degree, higher degree, specialist, professional master's degree or certificate from the vocational training system.. It is also valid for people with equivalent qualifications in artistic or sports education.
The Minimum duration is 6 months and maximum is 1 year and can be carried out within 3 years of officially finishing the studies or 5 years in the case of people with disabilities.
The remuneration of the internship contract is set by the collective agreement applicable to the company for internship contracts. It may not be lower than the minimum remuneration established for this modality or the SMI in proportion to the effective working time. The salary during 2023 for internship contracts may not be less than €1,080, according to this year's SMI.
We highlight other characteristics to consider of this contractual modality:
- There is a trial period of 1 month, adhering to what is stated in the Collective Agreement.
- Overtime cannot be done.
- Staff are entitled to all protectable contingencies and benefits, including unemployment.
Regulations of interest:
Royal Decree 1529/2012, of November 8, by which the contract for training and learning is developed and the bases of dual vocational training are established.
Royal Decree-Law 32/2021, of December 28, of urgent measures for labor reform, the guarantee of stability in employment and the transformation of the labor market.
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