The object of this Royal Decree is the development of the training contract regime provided for in the aforementioned article 11 of the consolidated text of the Law on the Workers' Statute, approved by Royal Legislative Decree 2/2015, of October 23, in its two modalities:

a) Alternation training contract.

b) Contract to obtain professional practice.

Limits of training contracts:

Maximum limits of training contracts in force simultaneously in each work center of the company are set:

• Up to 10 workers: maximum 3 contracts.
• 11 to 30 workers: 7 contracts.
• 31 to 50 workers: 10 contracts.
• More than 50 workers: up to 20% of the workforce.

How is the number of employees on staff calculated?

• Workers linked to the company with a training contract will not be counted.
• Each person with a part-time contract or a fixed-term contract will be counted as a worker.
• These limits are not computed for the hiring through training contracts of people with disabilities or people with borderline intellectual capacity.

The legal representation of workers has the right to information about training contracts, including a basic copy of the contract, as well as the individual training plan.

a) ALTERNANCE TRAINING CONTRACT.

The alternating training contract will aim to make paid work activity compatible in an integrated and coordinated manner with the corresponding training processes in the field of vocational training, university studies or the Catalog of Training Specialties of the National Employment System.

Duration.

It will last between 3 months and 2 years, depending on the training plan, and may be extended once or several times until the degree is obtained without exceeding that maximum. The duration can be discontinuous and computes the sum of the periods worked. In cases of disability or social exclusion, the limit can be extended by one year.

A trial period cannot be established.

Day.

The day of the alternating training contract combines effective work and training, according to the contract and the training plan. Effective work may not exceed 65% in the first year or 85% in the second of the maximum working day. Overtime, complementary hours, night work or shift work are not allowed, unless otherwise justified by the training plan.

Remuneration. 

It will be the one established in the agreement, at least 60% the first year and 75% the second, and never less than the proportional SMI.

Financing for tutoring.

Companies can apply bonuses for tutoring, non-compliance with which requires their return.

Training activity subject to the contract.

The training activity of the alternation training contract is governed by the specific regulations of professional or university training. Before formalizing the contract, the company must verify the existence of training linked to the work activity. The public employment services will communicate these contracts to the corresponding educational administrations.

Cooperation or collaboration agreements and individual training plan.

Companies must sign cooperation or collaboration agreements with public employment services and training centers or entities to celebrate alternating training contracts, defining the skills to be acquired. In addition, they must prepare an individual training plan, agreed between the company, the training center and the worker, which accompanies the contract. The company will inform the legal representation of the workers of said agreements and contracts.

Contract tutoring.

The worker undergoing alternating training will have double tutoring: one from the training center and another from the company, the latter with adequate experience and training. In the event that you are dealing with a person with a disability or limited capacity, the designated guardian must have training in equal opportunities and non-discrimination against people with disabilities.

The company tutor supervises the work activity, monitors and evaluates the training itinerary and issues a final report; The company must guarantee time and means. Each tutor will be able to assist up to five people (or three in centers with less than 30 workers). The center's tutoring will coordinate its actions with that of the company.

Training content and delivery modality.

Alternation training contracts linked to the Catalog of Training Specialties will be governed by this royal decree and specific agreements between companies, business associations, training centers and public employment services. The agreements may include specialties or training itineraries identified by collective bargaining.

The training activity may incorporate complementary training (max. 40% of the total), linked to work activity and financed through Social Security bonuses.

The delivery of the training may be face-to-face, non-face-to-face or mixed, with flexible temporal distribution that guarantees the monitoring of the contents. Training can be carried out in the company itself if it has facilities, qualified personnel and official registration; In this case, a cooperation agreement is not required, but an individual training plan must be prepared and communicated to the legal representation of the workers.

Particularities of cooperation agreements and individual training plans.

Within the scope of the Catalog of Training Specialties, cooperation agreements must include at least: occupations and training specialties, tutoring criteria, working hours and hours, minimum contents of the individual training plan and, if applicable, hiring commitments.

Individual training plans must detail: representatives and tutors, training specialties and complementary training, delivery modality and calendar, training-work itinerary with objectives and milestones, coordination between training and work, mentoring mechanisms, training program with teachers and evaluation, working hours, scheduling and reconciliation of vacations and non-teaching periods. If the training is provided in the company, the plan is prepared by the company and signed by the worker.

Management, accreditation of training activity and financing rules.

The management, monitoring, evaluation and accreditation corresponds to the public employment services, which will issue diplomas or certificates of attendance. The company will provide accreditation of the complementary training.

Financing of training in the company can be done through bonuses in Social Security contributions, only if there is an effective cost; Failure to comply requires the return of bonuses and the assumption of additional responsibilities.

b) CONTRACT FOR OBTAINING PROFESSIONAL PRACTICE.

The purpose of the contract will be to obtain professional practice appropriate to the level of studies or training, through the acquisition of the skills and abilities necessary for the development of the work activity corresponding to the title or certificate of which the worker is in possession.

It can be held with people who have a university degree, a degree or certificate of grade C, D or E from the vocational training system, or an equivalent degree in artistic or sports education that qualifies for work activity. The worker must provide a copy of the corresponding degree or certificate, or, failing that, official accreditation of completion of the studies. This contract must be concluded within three years following the completion of the studies, unless it concerns people with disabilities or borderline intellectual capacity, in which case the term is extended to five years. For those who have studied abroad, the calculation begins from the date of recognition or homologation of the degree in Spain. People who already have professional or training experience of more than three months in the same activity within the same company cannot be hired, without considering the internship or curricular training required for the degree, and no person can be hired for a time greater than the maximum allowed according to their degree.

Contract duration.

It cannot be less than six months nor exceed one year. In the case of people with disabilities, limited intellectual capacity or in a situation of social exclusion, the maximum duration can be extended to two years, after justification of the need based on the characteristics of the person and the practical training process. If the contract is concluded for a period less than the maximum, the parties may agree to an extension up to the maximum legal or conventional duration.

A trial period of up to one month can be established, unless the collective agreement establishes a shorter period.

Remuneration and hours.

The remuneration will be adjusted to the applicable collective agreement, or, failing that, to the professional group and remuneration level corresponding to the functions performed. In no case may it be less than the proportional interprofessional minimum wage or that established for the alternation training contract. The working day will be governed by the provisions of the collective agreement, and the people hired cannot work overtime, except in legal exceptions.

Individual training plan.

It must be accessible and include at least the training-work itinerary, the tutoring and evaluation systems for work activity, and the identification of the tutor. It may incorporate specific training actions related to the qualification and work activity, which will be voluntary, will count as effective working time and will not entail a cost for the worker. The company must make the training plan available to the legal representation of the workers. The tutor, with appropriate experience and training, will supervise the development of the plan and evaluate the work activity, and may designate other people with professional skills for support. Each tutor can supervise up to five people with training contracts, or three in centers with fewer than thirty workers. In the case of people with disabilities or borderline intellectual capacity, the tutor must have specific training in equality and non-discrimination. At the end of the contract, the company will provide a certificate without academic effects that details the duration, the position held and the main tasks performed. If the internship coincides with training micro-accreditations, the worker may complete the corresponding registration and certification at the training center.

PROVISIONS COMMON TO BOTH CONTRACT MODALITIES.

Companies can request information from the public employment service about people's previous training contracts that they intend to hire. This information must be shared with the legal representation and has liberating value regarding not exceeding the maximum duration of the contract. The public employment service must respond within ten business days; If it does not do so, the company is exempt from liability, unless it previously knew the information.

The training contract must be formalized in writing, indicating the duration, the job position and the individual training plan as an annex. In the case of alternating contracts, the cooperation agreement with the training center will also be included. For contracts to obtain professional practice, the qualification of the worker must be expressly indicated. The company is obliged to communicate to the public employment services, within a period of ten business days, the content of the contract, its extensions and its termination.

The computation of The duration of the training contract may be interrupted in certain situations that have a suspensive effect on the contract, in accordance with article 11.4.b) of the consolidated text of the Workers' Statute Law. These situations include temporary disability, birth, adoption or custody for adoption purposes, foster care, risks during pregnancy or breastfeeding, as well as cases of gender violence and sexual violence. During these circumstances, the elapsed time is not counted towards the total duration of the training contract.

The termination of the training contract It can occur for any of the causes provided for in article 49 of the Workers' Statute. Furthermore, in the case of the alternating training contract, the loss of the specific conditions of the contract constitutes cause for termination, such as the decline of the condition described in article 6.1.a) or the lack of current registration according to article 6.1.c). The termination of the contract due to expiration of the agreed time or its extensions does not generate the right to compensation, but requires prior notification of at least fifteen days; Failure to comply with this deadline by the company will give rise to compensation equivalent to the salary corresponding to the days not notified. If there is no express denunciation or extension and the worker continues to provide services, the contract will be considered automatically extended up to its maximum duration. Once the maximum duration has been reached or the conditions of the contract have not been met, if there is no complaint and the work provision continues, the contract is deemed to have been tacitly extended for an indefinite period, unless proven otherwise that proves its temporary nature.

As for the protective action, people who sign a training contract will be covered by all Social Security contingencies, including unemployment benefits and coverage by the Salary Guarantee Fund, in accordance with article 11.4.a) of the Workers' Statute.

Finally, the training contracts concluded in law fraud, as well as those in which the company fails to comply with its training obligations, will be considered held for an indefinite period and of an ordinary nature, avoiding the misuse of the training modality to conceal permanent employment relationships.

Entry into force of the Royal Decree 17.12.2025.

Note: The law consists of four additional provisions, three transitional provisions, a single repealing provision, not summarized in this text.