The Ministry of Labor has tightened the pay conditions of workers who are employed in the form of the future “training contract for obtaining practical professional” in the last proposal submitted in mid-July compared to the first draft of June 31, according explain to eE members of the Table for the Modernization of the Labor Market.
Thus, the department headed by Yolanda Díaz proposes in the second wording of article 11 of the Workers’ Statute (ET) that those workers with this type of contract must charge the same as is established in the collective agreement for an employee who is not in practices as long as they belong to the same professional group and fulfill the same functions.
In the first draft, which according to the sources consulted was rejected as a whole by the negotiators, it was allowed that the salary of those hired in internships was set in the collective agreement and, therefore, below that stipulated for workers who did not are in practice. Although the first wording established that in no case could it be placed below the SMI . Of course, in both wording it is explicit that the remuneration will be set in proportion to the effective working time.
The “training contract” is intended for people who are already in possession of an official title that accredits them to carry out the job, be it university, vocational training or other qualifying certificates. The objective of this modality is, therefore, to provide them with a first professional experience.
In return, the Ministry of Labor has relaxed the salary conditions of the other training modality, called “contract for dual training” that will have three forms: vocational training, university training and VET through workshop schools and trade houses . It is about allowing students to combine their training period with a professional activity linked to the studies they are studying.
Students with a dual training contract will be able to charge less than the SMI
Well, in this case, the remuneration conditions of the first draft were the same as for the beneficiaries of the other training contract. That is, they could never receive less from the SMI.
However, in the latest Labor proposal it is established that they can be established in an agreement with a “specific nature” and if it is not done, then the provisions for a worker from their professional group will be applied according to their functions. But unlike the previous proposal, in this case the “specific” salary does not have to be above the SMI, as established in the first Labor proposal.
Salary qualifications are not the only notable change in the position of the Ministry of Labor. Negotiator sources point out that the first drafting resulted in the obligation to draw up a contract also for curricular internships in companies that many VET careers or degrees require their students to obtain the degree.