The Ministry of Labor and Social Economy has opened the public hearing period for the draft Law on the status of people in non-labor practical training in the field of the company, known as the Statute of the Scholarwhich more than a year ago was agreed with CCOO and UGT but without the support of CEOE and Cepyme.
In reality, the text was agreed in the fall of 2022 with the unions, but Labor was open to incorporate changes to give a new opportunity to the negotiation with the employers’ association that, in the end, did not bear fruit, so that before the summer of 2023 the text was finally closed with CCOO and UGT.
In principle, the department headed by Yolanda Diaz wanted to approve it as a royal decree-law so that it would give time for it to come into force before the end of the legislature after the early elections by Pedro Sanchezbut government sources and the Ministry of Labor itself pointed out that the socialist part of the Executive was “slowing down” the approval of the text. Consequently, the ism declined after the elections of July 23, 2023.
The Ministry repeatedly demanded, as did the unions, to resume it as soon as possible. And, in fact, the Government agreement between PSOE and Add incorporated, at the request of this second party, the commitment to approve the Scholarship Statute in the new legislature.
Thus, Labor has now opened the public consultation period for this regulation – until October 16 – which will be processed, unlike what was planned more than a year ago, as a bill. This implies that the process will be somewhat longer but, at the same time, will make it easier for parties to incorporate amendmentsan aspect that the investiture partners repeatedly demand from the Executive in this legislature, with a more complicated parliamentary geometry than in the previous mandate.
Measures
During the negotiations, the drafts included measures such as the number of people in practical training in companiess may not exceed 20% of the workforce of each company in general, although “any company may arrange practical training with two people, regardless of the number of people on staff.” This last point is designed for smaller companies and the self-employed.
Companies that participate in training programs and activities will be able to benefit “from the stimulias well as aid to cover the costs derived from carrying out the mandatory tutoring activities provided for in this standard, in the amount and conditions established legally.”
For their part, the scholarship recipients will have the right to compensation of expenses by the company or entity for which they develop the training, “in the terms provided for in the corresponding agreement or cooperation agreement, for a minimum amount sufficient to cover all those that the scholarship recipient incurs such as travel, accommodation or maintenance. The text also delimits the concept of practices to prevent companies from resorting to ‘false interns’ and imposes sanctions to those who commit offenses of this type.
Finally, the text that Labor has now put out for public consultation indicates that “it is intended complement the regulation of non-work training practices with the establishment of a set of rights related to aspects closely linked to the workplace – such as conciliation and protection against harassment or others in terms of risk prevention, enforceable to the extent that it is shared, even punctually or temporarily, the circumstances and risks of the company’s workers-“.
