Preliminary draft of the "statute for trainees" approved

On 4 November, the Council of Ministers approved the Preliminary Draft Law on the Statute of the Trainee, a regulation that seeks to put an end to the precariousness of training placements and improve the quality of the students' educational experience.

Under the official name of "Rights of persons undergoing practical non-work training", the text aims to provide a stable regulatory framework that guarantees quality practical training, eliminates the figure of the false scholarship holder and promotes equal opportunities for men and women.

The draft bill will apply to all internships linked to vocational training, artistic and sports education, National Employment System programmes and university internships, both curricular and extracurricular. Although it does not recognise an employment relationship, it establishes that the Labour Inspectorate may presume it if it is detected that the trainee's tasks replace those of a worker or do not conform to the training plan.

The regulation also recognises a series of rights that until now were scattered or poorly defined, such as compensation for travel and living expenses, the right to breaks, public holidays and holidays, and access to the same services as the rest of the workforce, such as canteens or car parks. In addition, protection in terms of occupational health, risk prevention and the fight against harassment is strengthened.

In the organisational sphere, the text limits to five the maximum number of trainees that can be supervised by the same supervisor and establishes that the total number of trainees may not exceed 20% of the staff of the receiving entity. It also reduces the duration of traineeships and creates control mechanisms, such as a Monitoring Commission and greater powers for the Labour Inspectorate. Infringements will be punishable by fines of up to 225,000 euros.

Despite its objectives, the draft bill has generated controversy. Universities criticise the fact that the regulation has been drafted without their direct participation, arguing that internships are essentially an academic matter and should be under the competence of the Ministry of Universities. For their part, business organisations warn that the new limits and requirements could increase the administrative burden and reduce the supply of internships, which would make it more difficult for young people to enter the labour market.

In any case, there is a general consensus on the need to regulate internships in order to avoid abuses. The challenge, according to experts and social agents, will be to find a balance between protecting students' rights and maintaining the flexibility that companies need. The draft bill now enters the parliamentary phase, where intense debate and possible modifications are expected before its final approval.

Article written by ECIJA Madrid's Labour Law Department.