Other features of the training contract in Spain

Workday

The working day will be full time or part time.

Payment

The payment for workers under training will be set in the collective agreement. If no collective agreement exists, payment may be less than 60% for the first year or 75% for the second year of the contract, of the set salary of a worker that performs the same or equivalent work. Thus, if a worker’s agreement sets a salary of 1.200 euros for an accountant, the worker may be paid 720 euros for the first year, and 900 for the second.

In the case of part time contracts, the minimum salary indicated will be reduced proportionally to the time worked.

Formalisation of the contract

  • It must be formalised in writing, making expressly clear the worker’s qualifications, the length of the contract and the position or positions of work to be perform during the training. Moreover, the employer must communicate the content of the contract and its extensions to the corresponding Public Employment Office within ten working days following the agreement.
  •  The employer will be able to collect in writing, before entering the contract, certification from the corresponding Public Employment Office, in which it makes clear the time that the worker has been contracted in training prior to entering the contract.
  •  The corresponding Public Employment Office will have a period of 10 days to send the certificate. If 10 days pass without a reply, the employer will be relieved of any liability that may arise.
  •  Delivery of a basic copy of the contract to the workers’ legal representatives, if any, within 10 days.

Certification of the training

At the termination of the contract, the employer should deliver to the worker a certificate that makes clear the length of the training, the placement or placements of work carried out and the main tasks performed in each placement.

Trial period and length

If at the end of the contract the worker continues working in the company, he will not be able to agree to a new trial period, but can include the length of the training when calculating seniority in the company.

Reduction of the fees for the Social Security

If the worker is less than 30 years old, his company will be entitled to a 50% bonus of the business fee for the common possibilities throughout the term of the contract (75% if the worker previously developed non-work training in the company). Additionally, if at the end of the contract it becomes permanent, a bonus of 500 euros may be applied annually for three years (700 euros for a woman).

Incentives

In the case of contracted workers in training and made available to user companies, these workers will be entitled, in the same terms, to the bonuses for transforming the contract into a permanent contract when, without any break in continuity, the employer agree with the workers on a work contract for an indefinite period.

Duty of information

The employer will inform the workers about the existence of available work positions, with the goal of guaranteeing them the same opportunities to gaining permanent positions as the other workers. This information must be announced through a public advertisement in an appropriate place of the business or centre of work.

The collective agreement will establish measures to facilitate the effective access of these workers to continual professional training to improve their qualifications and benefit their progression and practical movement.

Training work contracts for temporary businesses

Temporary agencies will be able to enter training contracts with workers contracted to user companies in accordance with the provisions in the regulations governing such contracts.

This article is not considered as legal advice

Mariscal Abogados

Mariscal Abogados is an international and multidisciplinary law firm with proven experience in diverse areas of the Law. Our working languages are English, German, French and Spanish. For any further enquiries please Contact us