New regulations governing training contracts (Royal Decree 1065/2025) and main implications for companies

According to the Official State Gazette of 27 November 2025, Royal Decree 1065/2025 of 26 November has been published, which develops the training contract regime provided for in Article 11 of the Workers' Statute and systematises its two modalities: work-study training contracts and contracts for the acquisition of professional experience. In addition, the regulation comes into force 20 days after its publication (i.e., on 17 December 2025) and, at the same time, specifies that exclusively training activities within the company are outside its scope and, therefore, cannot be articulated through a training contract.

In line with this objective, the royal decree reinforces traceability and guarantees: on the one hand, it sets a maximum limit on the number of training contracts in force per workplace depending on the number of employees (3 if there are up to 10 people, 7 between 11 and 30, 10 between 31 and 50, and 20% if there are more than 50), so that recruitment is in line with the actual capacity for mentoring; on the other hand, it requires more orderly documentation, as the contract must be formalised in writing and include the individual training plan as an annex (and, alternatively, the cooperation agreement with the training centre/entity, where applicable), and the content of the contract and its vicissitudes must be communicated to the public employment services within 10 working days.

Likewise, the right to information of the legal representatives of workers is recognised, who must receive a basic copy of the contract and a copy of the individual training plan.

Finally, the limits and conditions of each modality are detailed: in the alternating contract, the actual working time may not exceed 65% in the first year or 85% in the second, and, in general, overtime/additional hours and night work or shift work are restricted (except in exceptional cases linked to the training plan), while the minimum remuneration is linked to the agreed salary for the group/level in proportion to the actual working time (with minimums of 60% in the first year and 75% in the second). For its part, the contract for professional practice sets a general duration of 6 to 12 months and a maximum trial period of 1 month (unless the agreement provides for less), also reinforcing mentoring (with limits on the number of people mentored).

In any case, it is confirmed that Social Security protection includes unemployment and FOGASA, and, consequently, contracts entered into in fraud of the law or with training breaches may end up being classified as permanent.

Article written by the Employment Law Department of ECIJA Madrid.