A regulatory project in the pipeline

The Government has approved the draft bill of the Statute of the Statute of persons undergoing non-work practical training, also known as the Statute of the Trainee, with the aim of establishing a specific legal framework for training internships in companies.

The initiative responds to the mandate included in the 2021 labor reform and is part of a broader process of reforms related to the regulation of internships and their integration into the Social Security system. The objective is to delimit more clearly the difference between training activities and labor relations, reinforcing the rights of interns and avoiding fraudulent uses of this figure.

Although the preliminary draft has already been approved by the Council of Ministers, the regulation must now begin its parliamentary processing, so its content could undergo modifications before its final approval.

Objective: to reinforce the formative nature of the internships

The future regulations are based on the premise that internships have sometimes been used inappropriately, generating situations in which internships have replaced jobs or have resulted in precarious conditions.

In this context, the statute aims to establish a legal framework that guarantees the training purpose of internships, clearly differentiating them from an employment relationship and reinforcing the protection of those who carry them out.

The regulation governs practical training periods linked to different educational itineraries, such as vocational training, artistic or sports education, training specialties of the national employment system and university internships, both curricular and extracurricular.

Main regulatory changes expected

Among the main measures included in the draft bill are several changes that directly affect the organization of internships in companies.

One of the most relevant elements is the limitation on the number of trainees, which in general may not exceed 20% of the work center’s workforce.

The regulation also reinforces the mandatory training nature of internships, which must be carried out in accordance with an individual training plan and in coordination with the corresponding educational center.

Likewise, it is established that the tasks assigned must be strictly in line with the training content, so that they cannot replace the functions of a worker or cover the structural needs of the company.

The text also recognizes certain rights for trainees, such as compensation for expenses arising from the training activity, the right to rest or access to the services of the work center.

Implications for companies and HR departments.

If finally approved in its current form, the Trainee Statute will entail new organizational and control requirements for companies that take on trainees.

Among other things, organizations should review the ratio of trainees to staff, strengthen the definition of individual training plans and ensure that the tasks assigned are clearly linked to the training path.

The regulation also introduces greater supervision mechanisms, granting the Labor Inspectorate access to the documentation associated with these practices and incorporating specific inspection actions in this area.

In this context, human resources departments will play a key role in adapting to future regulations, especially in the management of agreements with universities and training centers and in the design of internship programs.

What companies should review now

In view of the possible approval of the new regulatory framework, companies can anticipate this by revising some aspects of their internship programs:

• Ratio of trainees to staff in order to verify that it is in accordance with the established limits.

• Individual training plans and their alignment with the corresponding studies or training programs.

• Functions and tasks assigned to interns, ensuring that they are of a training nature and do not replace jobs.

• Internal mentoring and monitoring systems, including the designation of responsible persons within the company.

• Agreements with universities and training centers to ensure that they comply with the requirements of the future regulatory framework.

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Internships will continue to be a relevant tool for attracting and developing young talent, but future regulation will require greater planning and oversight by companies.