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The Council of Ministers has approved, at the proposal of the Ministry of Labour and Social Economy, the Statute of people in non-work practical training, colloquially known as the Statute of the Intern which, on the one hand, delimits training activities and strictly work-related activities and, on the other, determines the legal regime of people during the time they carry out this training activity in a company. We present the most outstanding aspects of this new regulation.
What is the Grantee Statute?
For now, it is a draft bill that seeks to remedy the precariousness suffered by many students in internships. The two most transformative changes it proposes are: halving the maximum number of extracurricular internships to 480 hours. So that these periods outside of training credits do not extend beyond the account and compensating the expenses of students who do not receive a salary. Companies or public entities that host an intern will have to pay their travel or living expenses.
Other measures
The Statute was created with the aim of regulating the relationship between interns and the entities that host them, based on the premise that the relationship is not employment-based.
It also establishes that internships may only be carried out under a cooperation agreement or convention with the corresponding authorized training center. And that the tasks must conform to the training content included in the training plan, in addition to expressly prohibiting paying for training. These requirements are in addition to the obligation to register interns with Social Security, which came into force in 2024.
In addition, it recognizes the right of students to breaks, holidays and vacations, to the compatibility of internships with the rest of the training activity, to the services available to workers, to adequate tutoring in the development of their training activity, protection of their health and protection also against violence and harassment.
And if it is not fulfilled?
The text also includes new sanctions that the Labor Inspectorate may impose, such as fines of up to 7,500 euros for breaching the new rights of interns and up to 225,000 euros for situations of discrimination.
What route does he have left from now on?
The draft will now be submitted to a public hearing before returning to the Council of Ministers for final approval as a bill.
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