When the Minister of Labor closed the labor reform, she focused on putting together a new Workers’ Statute, that of the “21st century”, and on providing interns with the same rights as the rest of the workers. Yolanda Díaz is negotiating with the social agents an unprecedented regulatory framework in Spanish legislation for a group that is very present in Spanish companies for which, however, there is no quantification, nor control. CC.OO. He has made an approximation and puts the group at half a million, to which Díaz promises more protection since January.
The second vice president has presented in the social dialogue a “catalog of rights” for interns that shields them in their access to the labor market, as reflected in the last negotiation document to which ABC has had access, in which it is expressly prohibited that the intern pays for training.
These will have the right to receive a minimum with the new law, as well as breaks and vacations, in addition to individual monitoring by a tutor, who will be obliged to mark their steps. Companies will also have a limited number of employees and will be required by law to seek parity.
The text that is on the table does not refer to the unemployment of the interns, but it is the intention of the person in charge of Labor that they contribute so that the time they are doing internships is computed in order to be able to collect it in the future, something that is now impossible because contribute for this contingency. Nor does the document refer to what the contributions of these young people will be, pending Minister José Luis Escrivá making the offer at the negotiating table.
These are the novelties included in the new Scholarship Holder Statute that, according to the minister’s plans, will come into force in 2023 with a royal decree law:
The intern is under the direction and supervision of a tutor designated by the company, who must prepare an individual training plan, which includes a precise itinerary for the student. This plan must include the duration of the training, the days and hours for its completion within the limits established by labor regulations. The practical training can be carried out in non-classroom mode, although it can never exceed 50% of the total planned duration. Tutors must make a final evaluation report. To do this, the tutor must have the necessary time to carry out these tasks within their normal working day.
The new rule will allow companies to finance the cost of carrying out tutoring activities with bonuses in Social Security contributions, an end that has not yet been specified.
In the event that the internships are not remunerated, the company will be obliged to compensate the expenses during the training activities in the terms provided in the agreement or cooperation agreement for a minimum amount sufficient to cover the disbursements of the intern, such as travel and maintenance.
The text negotiated by employers and unions does not include a quantification of these payments, although the union led by Unai Sordo, who has great influence on the minister, has already put a figure on it: 50% of the Iprem, which would have meant 289 this year, 51 euros per month.
They will have the right to all the services that the rest of the workers enjoy, such as the restaurant service, rest area, parking or others.
A day and a schedule that respect the limits and breaks, including holidays and vacations, established in the legal regulations and collective agreements that apply in the company, are guaranteed. As a general rule, training activities may not be carried out at night, or in shifts, unless, exceptionally, the learning provided for in the training plan cannot be carried out in other periods due to the nature of the activity. Nor can the training activity be carried out once the day and the hours contemplated in the training plan have been completed.
Interns will have the right to be absent from their post to go to the doctor, and will have the right to temporarily interrupt the internship period for the reasons stated in the collaboration agreement and by agreement between the person undergoing practical training, the company and the training center , and by illness or accident.
Another of the novelties that Labor proposes is to set a maximum limit on the number of interns that a company can hire, which will be established based on its size. Thus, in companies with between 1 and 10 workers, one in training is set; in companies with 11 to 30 people, two will be interns, and in companies with between 31 and 59 people, there will be three. For companies with more than 60 workers, a number not exceeding 5% of the workforce.
Without prejudice to the above limits, no company tutor may be assigned, simultaneously, more than five people in practical training.
Companies will seek a balanced presence between men and women when they incorporate people who develop practical training, especially in those departments that present a lower representation of either sex.
The payment of any amount or consideration may not be required for access to practical training. “In our country you cannot pay to be a scholarship holder and this happens,” said Díaz.
The royal decree that will come out of the negotiations clearly warns that the Inspection will be vigilant. “The agreements or conventions for training will remain available to the Labor and Social Security Inspectorate,” warns the working document.
