On 31 March, a new type of contract came into force: the training contract in alternation. ROSCLAR can tell you what this consists of and everything you need to know about this new type of contract.
The new labour reform of 2022 pushed through by Pedro Sánchez’s government has heralded certain changes to the different types of contract. One of these changes affects training contracts, with the arrival of the new training contract in alternation.
The aim of this type of contract is to facilitate the professional integration and training of young people by giving them the opportunity to combine paid work with training activities. In other words, the workers are young people who work, but at the same time they receive training, be this in the company itself or in education centres.
What is the difference between a standard contract and a training contract in alternation?
First of all, while the contract is in force, the employee will receive training related with the job they perform in their place of work.
That is to say, the working activity must be complemented, coordinated and integrated with the training activity in a common programme. This programme will have been established through cooperation agreements between universities or professional training centres and training bodies that have been accredited or registered with the companies and collaborating organisations.
When the contract ends, this training must be accredited.
Another difference is the duration of the working day. In training contracts in alternation, the worker’s time is divided up as follows: during the first year, 65% of the time will be devoted to working and the remaining 35% to training. In the second year, this ratio changes to 85% for work and 15% for training.
Importantly, these workers cannot work overtime or do night work or shifts if and when the training for learning purposes cannot be completed at another time, due to the very nature of the activity.
Characteristics of the training contract in alternation
The training contract in alternation has its own special characteristics. The most important of these are:
Duration
The contract between worker and company has a minimum duration of 3 months and a maximum duration of 2 years. Although the contract cannot be extended, there is an exception: If the contract has not run the maximum length of time (2 years) and the employee is yet to obtain the Professional Certificate, then its extension is permissible. It should also be noted that probationary periods do not exist.
More than two contracts
Workers can sign a contract with one or two companies. This said, the total duration of the two contracts together cannot exceed 2 years and the jobs performed must be different.
Tutoring
While the contract is in force, the worker will be tutored by a person designated by the training centre or organisation, and another designated by the company, who must have the appropriate experience or training.
Remuneration
The remuneration for these types of contract will be established by the collective agreements. However, in the absence of a conventional arrangement, the remuneration cannot be less than 60% during the first year or 75% during the second year with respect to the remuneration established in the collective agreement for the professional group and the salary level corresponding to the functions performed, in proportion to the hours worked. And as mentioned earlier, under no circumstances may the remuneration be less than the minimum interprofessional salary in proportion to the hours worked.
Can anyone have a training contract in alternation?
No. Workers must be at least 16 years of age. Up until now, the maximum age for workers signing this contract was 25, but with the new labour reform the limit has been raised to 30.
However, the limit of 30 will not apply if the worker is pursuing graduate training, vocational training or training to gain a level 3 professional certificate.
Nor will the age limit apply if the worker has a disability of some kind or is in a situation of exclusion.
Advantages
Offering a training contract in alternation can represent a unique opportunity for worker and company alike. It is a win-win for both.
Advantages for the worker
- Workers will never receive a salary below the MIS (Minimum Interprofessional Salary) in proportion to the hours worked.
- They will also gain the protection of Social Security with all the protectable contingencies and benefits, including unemployment benefit and pension contributions, as well as the coverage of the Wage Guarantee Fund.
- The professional qualification or skill acquired through the training contract will be accredited through the corresponding professional certificate, vocational training qualification or, where applicable, workers may accumulate partial accreditation.
In short, a training contract in alternation offers workers the opportunity to train in a specific professional area while at the same time they gain work experience.
Advantages for the company
This type of contract is also attractive to companies, since they can benefit from certain incentives.
Through these contracts, there is a 100% reduction in Social Security contributions in the case of workforces of less than 250 people. When a company has 250 or more workers, the reduction drops to 75%.
Another important feature is that if, once the contract has ended, the worker progresses to an indefinite contract, companies will be entitled to a reduction in Social Security contributions during the first 3 years of 1,500 euros if the worker is a man, and 1,800 euros if the worker is a woman.
The training contract in alternation can form part of the company’s Corporate Social Responsibility Plan, since it contributes to improving and facilitating employment for young people and, as a result, to lowering the unemployment rate among this age group.
At ROSCLAR we can provide you with all the specialist advice you need in order to implement the new training contracts in alternation.
