As a result of the latest labor reform that was published in Royal Decree Law 32/2021, the contract for training and learning has been modified, with a new name contract for alternation training. This new type of contract came into force on March 30, after its inclusion in the aforementioned RDL was announced.
This type of contract is regulated in article 11.2 of the Workers' Statute, and its purpose is to make paid work activity compatible with the corresponding training processes in the field of vocational training, university studies or the Catalog of training specialties of the National Employment System. What is intended to be achieved is that the worker receives training and at the same time can have an employment contract that provides remuneration.
The duration planned for this type of contract will be provided for in the corresponding training plan or program, with a minimum of three months and a maximum of two years.
These types of contracts do not generate the right to compensation once the contract ends. Contracts of this nature that are concluded in violation of the law or in which the company does not comply with its training obligations will be understood as ordinary indefinite contracts under article 11.4 section h of the Workers' Statute.
It must be taken into account that in the event of temporary disability, risk during pregnancy or breastfeeding, foster care or adoption, the duration of these contracts will be interrupted and the company must communicate these circumstances to the SEPE so that the interruption of the maximum fixed contract duration is taken into account. In general, only one alternating training contract may be concluded for each training cycle in any of the aforementioned modalities. These types of contracts can be concluded with people of any age, with the exception of the Catalog of Professional Qualifications, with a limit of up to 30 years.
For disabled workers, no age limit will apply.
The hours may not be greater than 65% during the first year and 85% the second, without the possibility of working overtime, shift work or night shifts.
The contract must be adapted to the applicable collective agreement, which may establish the jobs, activities to be performed and professional groups that the worker can perform through this type of contract.
The remuneration may not be less than 60% in the first year and 75% in the second year, in any case it will never be less than the SMI proportional to the work performed. The worker will have two tutors, one who will be designated by the training center and another who will be designated by the company.
The contribution for these contracts will be based on the contribution base that is applicable in accordance with the rules established in the corresponding Social Security Regime based on the remuneration received by the worker, by virtue of Additional Provision 43 of the General Social Security Law:
1. When the monthly contribution base for common contingencies, determined in accordance with the rules established in the corresponding Social Security Regime, does not exceed the minimum monthly contribution base of said Regime, the employer will pay monthly into the Social Security, the single contributions determined for each year by the corresponding State General Budget Law, with the fee for common contingencies being the responsibility of the employer and the worker, and the fee for professional contingencies being the exclusive responsibility of the employer. Likewise, it will pay the single contributions corresponding to the Salary Guarantee Fund, which will be its exclusive responsibility, as well as those corresponding to unemployment and vocational training, which will be the responsibility of the employer and the worker, in the amounts also established in the corresponding General State Budget Law.
2. When the monthly contribution base for common contingencies, determined in accordance with the rules established in the corresponding Social Security Regime, exceeds the minimum monthly contribution base of said Regime, the fee to be paid will be constituted by the result of adding the single fees referred to in the previous ordinal and the fees resulting from applying the contribution rates that correspond to the amount that exceeds the previously indicated contribution base of the minimum base.
The contribution base for the purpose of benefits will be the minimum monthly contribution base in the General Social Security Regime, unless the amount of the contribution base referred to in ordinal 2 of the previous section is higher, in which case it will be applied.
The contribution rules indicated in this provision for full-time alternating training contracts will apply to part-time alternating training contracts.
The benefits in Social Security contributions that, upon the entry into force of this provision, are established for contracts for training and learning will apply to alternating training contracts. Companies that enter into training contracts with workers with disabilities will have the right to a bonus in contributions charged to the budgets of the State Public Employment Service, during the term of the contract, of 50% of the company's Social Security contribution corresponding to common contingencies, provided for these contracts. The type of these contracts will be identified in the scope of affiliation with the employment contract codes:
421: COMPLETE TEMP.TRAINING.ALTERNANCE/AP.
521: PARTIAL TEMP.TRAINING.ALTERNANCE/AP.
Therefore: the contracts for alternating training referred to in article 11.2 of the ET, in the wording given by RDL 32/2021, will be identified, when they are concluded on a full-time basis, with the same employment contract code as the contracts for training and learning until now.
