Given the growing uncertainty about compliance with labor regulations in the development of Training and Apprenticeship contracts, derived from the application of RD 1529/2012, we would like to remind you of some rules that must apply during the validity of said contracts.
The contract for training and learning is aimed at the professional qualification of workers in a system of alternating paid work activity in a company with training activity received within the framework of the professional training system for employment or the educational system.
In order to acquire practical knowledge, it is essential that the worker carry out the tasks that are the object of learning; for this, the company must provide the worker with an effective job related to the professional profile of the vocational training title.
In addition, it should be taken into account:
TUTOR.- The company must appoint a tutor to direct the apprentice throughout the contract. The tutor must be:
- Person with extensive experience in the profession
- That coincides with the apprentice in the workplace and during the work day.
- To direct the apprentice during his training. Being the reference person in the center.
- There may be SEVERAL tutors, as long as they have enough experience to carry out that activity.
SCHEDULES.- Workers hired under this modality have a series of limitations on schedules and days:
- During the first year of training, the maximum effective work day in the company will be 75% of the day, that is, 30 hours a week. The remaining 25%, 10 hours, must be devoted to theoretical training.
- During the second and third year of training, the maximum effective working day in the company will be 85%, that is, 34 hours per week, the remaining 15%, 6 hours per week, must be devoted to theoretical training.
- The worker hired for training CANNOT CARRY OUT shift work. The employment contract must clearly and precisely specify the actual working hours in the company
- Cannot do night work
- You cannot work overtime. Except for the purpose of preventing or repairing claims and other extraordinary and urgent damages
TRAINING.- Contracts for training and apprenticeships have a double training link, one practical and one theoretical
- Practical Training: It is the one carried out in the company, providing:
- Effective work related to professional qualification
- A follow-up by tutor that must include:
– Monitoring the agreement for the training activity.
– Coordination of work activity with training activity.
– Communication with the training center.
– Prepare, at the end of the work activity of the worker, a report on the performance of the job.
- Theoretical training: The training activity will be the one necessary to obtain a medium or higher vocational training degree or a professional certificate or, where appropriate, academic certification or cumulative partial accreditation, and must be scheduled in accordance with the royal decrees that regulate each professional certificate or each training cycle
When the contract for training and apprenticeship has been entered into in fraud of the law, it will be presumed to be entered into for an indefinite period of time and full time. In addition, it can constitute a violation of labor regulations punishable by a fine and loss of bonuses and reductions in Social Security contributions.
With all this, in the celebration of these contracts, as well as during their development, one must be scrupulous in compliance with the rules on this type of contract.
For any questions or concerns in this regard, do not hesitate to call us or contact us through FORM from our website or from our page on Facebook.
ASERYDE LABOR DEPARTMENT
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