MODIFICATIONS IN EMPLOYMENT CONTRACTS
Certain employment contracts have suffered important changes in the new legislation, as we can see in the next paragraphs.
Part-time Training Employment Contract
The Part-time Training Employment Contract is regulated, and the new rules establish a temporal limitation for its duration.
The new rules request that a specific person within the company is assigned as “tutor” of the employee hired under this Training Contract.
Likewise, the tasks carried out by the trainee-employee will need to be directly connected with the theoretical studies he / she is carrying out; and a coordination will now be needed between the company and the study center or school.
There will now be a limit to the training courses: each company can only sign one Training Contract per each pupil, during each of his / her training course. However, the pupil can sign successive training contracts with different companies, during the same learning term.
The new rules forbid that the employee signs a Part-Time Training Contract with a company where he / she has previously worked as an employee.
The trainee’s working time cannot exceed 65% of a normal working day, during the first year, and 85%, during the second year. The working time must be compatible with the study time.
The employee’s salary will never be less than the proportional part of the Minimum Salary corresponding to the time worked.
Only persons under 30 may sign one of these contracts. This new kind of employment contracts are subject to the Spanish Program of Professional Certificates, and public or private programs on Part-time Training, included in the Catalog of Training Specialties of the National Employment System.
Professional Practice Training Contract
The new rules regulate the Professional Practice Training Contract too. This Contract is applicable to those with a university degree or an intermediate or higher degree, a specialist or professional master’s degree or a professional training certificate, and those who have an equivalent degree in artistic or sports education.
This type of Contract can be applied to said persons, within the first 3 years after graduation (5 years for people with disabilities).
The trial period is 1 month. The Employment Contract duration will be from a minimum of 6 months up to 1 year maximum.
A specific training plan is needed and a certified accreditation will be issued at the end of the training period.
People with training contracts must have full Social Security coverage.
Companies that are applying measures to “suspend” ordinary employment contracts (for example, due to a financial or industrial crisis) may enter into Training Contracts, but not to replace people affected by the employment reduction or suspension measures.
If the trainee employee involved is hired by the company at the end of his / her training period, he will be hired with the seniority date of the training contract.
Andrea Accuosto
