Royal decree 32-2021 labor reform - training contract



First article. Modification of the revised text of the Workers' Statute Law, approved by Royal Legislative Decree 2/2015, of October 23.

One. Article 11 is modified, which is worded as follows:

«Article 11. Training contract.

1. The training contract will have the object of training in alternation with paid work for others in the terms established in section 2, or the performance of a work activity aimed at acquiring a professional practice appropriate to the corresponding levels of studies, in the terms established in section 3.

2. The alternate training contract, which will aim to reconcile paid work activity with the corresponding training processes in the field of vocational training, university studies or the Catalog of training specialties of the National Employment System, will be carried out in accordance with with the following rules:

a) It may be celebrated with people who lack the professional qualification recognized by the degrees or certificates required to conclude a training contract to obtain professional practice regulated in section 3.

Notwithstanding the foregoing, contracts related to vocational or university training studies may be made with people who have another qualification provided that they have not had another prior training contract in a training of the same training level and in the same productive sector.

b) In the event that the contract is signed within the framework of level 1 and 2 certificates of professionalism, and public or private training programs in alternation of employment-training, which are part of the Catalog of training specialties of the National Employment System, the contract can only be concluded with people up to thirty years of age.

d) The person hired will have a tutor designated by the training center or entity and another designated by the company. Said center or entity must, in turn, guarantee coordination with the tutor in the company.

g) The duration of the contract will be that provided for in the corresponding training plan or program, with a minimum of three months and a maximum of two years, and it may be developed under a single contract in a non-continuous manner. In the event that the contract has been concluded for a duration less than the established legal maximum and the title, certificate, accreditation or diploma associated with the training contract has not been obtained, it may be extended by agreement of the parties, until said title is obtained. , certificate, accreditation or diploma without ever exceeding the maximum duration of two years.

i) The actual working time, which must be compatible with the time devoted to training activities at the training center, it may not exceed 65 percent, during the first year, or 85 percent, during the second, of the maximum working day provided for in the collective agreement applicable in the company, or, failing that, the maximum legal working day .

j) Training contracts may not be signed in alternation when the activity or job corresponding to the contract has been previously carried out by the worker in the same company under any modality for a period of more than six months.

k) People hired with an alternate training contract They may not work additional hours or overtime, except in the case provided for in article 35.3. They may not do night work or shift work.

l) No trial period can be established in these contracts.

m) The remuneration will be that established for these contracts in the applicable collective agreement. In the absence of a conventional provision, the remuneration may not be less than sixty percent the first year or seventy-five percent the second, with respect to that established in the agreement for the professional group and the remuneration level corresponding to the functions performed, in proportion to effective working time. In no case may the remuneration be less than the minimum interprofessional salary in proportion to the actual working time.

3. The training contract for obtaining the appropriate professional practice at the level of studies will be governed by the following rules:

a) It may be arranged with those who were in possession of a university degree or a medium or higher degree, specialist, professional master or certificate of the professional training system, in accordance with the provisions of Organic Law 5/2002, of June 19 , Qualifications and Vocational Training, as well as those who have an equivalent degree in artistic or sports education from the educational system, who enable or train for the exercise of work activity.

b) The employment contract to obtain professional practice must be concluded within three years, or five years if it is arranged with a person with a disability, following the completion of the corresponding studies. You will not be able to subscribe with someone who has already obtained professional experience or carried out training activity in the same activity within the company for a time greater than three months, without the periods of training or practices that are part of the curriculum required for these purposes being counted. obtaining the degree or certificate that enables this contract.

c) The duration of this contract may not be less than six months or exceed one year. Within these limits, the collective bargaining agreements at the state or regional sector level, or failing that, the sectoral collective agreements at a lower level may determine their duration, taking into account the characteristics of the sector and the professional practices to be carried out.

For the purposes of this article, the titles of degree, master and doctorate corresponding to university studies will not be considered the same qualification, except that when being hired for the first time by means of a contract for the realization of professional practice, the worker was already in possession of the higher degree in question.

e) A trial period may be established that in no case may exceed one month, except as provided in the collective agreement.

f) The job must allow obtaining the appropriate professional practice at the level of studies or training that is the object of the contract. The company will prepare the individual training plan in which the content of the professional practice is specified, and will assign a tutor who has the appropriate training or experience to follow the plan and correctly fulfill the object of the contract.

h) People hired with a training contract to obtain professional practice they will not be able to work overtime.

i) In no case may the remuneration be less than the minimum remuneration established for the contract for alternation training or the minimum interprofessional salary in proportion to the effective working time.

4. The following are common rules of the training contract:

a) The protective action of the Social Security of the people who sign a training contract will include all the protectable contingencies and benefits, including unemployment and the coverage of the Salary Guarantee Fund.

b) Situations of temporary disability, birth, adoption, custody for the purposes of adoption, foster care, risk during pregnancy, risk during breastfeeding and gender violence will interrupt the calculation of the duration of the contract.

c) The contract, which must be formalized in writing in accordance with the provisions of article 8, will necessarily include the text of the individual training plan referred to in sections 2. b), c), d), e), g), h ) and k) and 3.e) and f), which specify the content of the practices or training and tutoring activities for the fulfillment of their objectives. Likewise, it shall incorporate the text of the agreements and conventions referred to in section 2.e).

d) The age limits and the maximum duration of the training contract will not apply when it is concluded with people with disabilities or with groups in a situation of social exclusion provided for in article 2 of Law 44/2007, of December 13. Regulations will establish said limits to adapt them to the studies, the training plan or program and the degree of disability and characteristics of these people.

g) If at the end of the contract the person continues in the company, a new trial period may not be arranged, calculating the duration of the training contract for the purposes of seniority in the company.

6. In collective bargaining, criteria and procedures will be established to achieve a balanced presence of men and women linked to the company through training contracts. Likewise, commitments to convert training contracts into indefinite-term contracts may be established. >>