[Spain] Draft law to regulate non-labour practical training approved

In Spain, the government has introduced a draft law to establish a legal framework for non-labour practical training in companies, DLA Piper reports.

The initiative is intended to clearly distinguish educational training from employment, ensuring that internships are not used to replace regular jobs or exploit trainees.

In the proposal, the term 'becario' (intern) is reportedly replaced with 'person in non-labour practical training,' to reflect a shift toward dignity, clarity, and legal protection. According to DLA Piper, the move is in response to long-standing concerns about 'false interns' who perform regular work without employment rights, often under precarious conditions.

The draft law aims to define the scope of legitimate training activities, which must be tied to formal educational programmes and include individual training plans. It outlines the rights of trainees, such as rest periods, access to workplace services, protection against harassment, and reimbursement of expenses. In addition, it grants labour representatives the right to be informed about training arrangements.

The law, if approved, will most significantly introduce a presumption of employment if the trainee’s tasks substitute those of regular employees or lack direct educational relevance. This empowers the Labour Inspectorate to monitor compliance and establishes a specific sanctioning regime for violations.

Within the draft are incentives for companies that offer quality training and scope for compatibility between training and unemployment benefits. It reportedly repeals the outdated 2011 regulation on non-labour internships and amends several existing laws to align with the new framework.

According to DLA Piper, this proposal is part of broader government efforts to improve youth access to the labour market, enhance training quality, and ensure fair treatment for all individuals engaged in practical learning within companies. It now awaits parliamentary review and approval. 

The text was agreed with the main Spanish Unions as part of the social dialogue. However, it was not supported by the main Employers Associations. When the government last opted to send a draft law to the Parliament with the support of only the main Unions, Parliament rejected it.

Source: DLA Piper

In Spain, the government has introduced a draft law to establish a legal framework for non-labour practical training in companies, DLA Piper reports.

The initiative is intended to clearly distinguish educational training from employment, ensuring that internships are not used to replace regular jobs or exploit trainees.

In the proposal, the term 'becario' (intern) is reportedly replaced with 'person in non-labour practical training,' to reflect a shift toward dignity, clarity, and legal protection. According to DLA Piper, the move is in response to long-standing concerns about 'false interns' who perform regular work without employment rights, often under precarious conditions.

The draft law aims to define the scope of legitimate training activities, which must be tied to formal educational programmes and include individual training plans. It outlines the rights of trainees, such as rest periods, access to workplace services, protection against harassment, and reimbursement of expenses. In addition, it grants labour representatives the right to be informed about training arrangements.

The law, if approved, will most significantly introduce a presumption of employment if the trainee’s tasks substitute those of regular employees or lack direct educational relevance. This empowers the Labour Inspectorate to monitor compliance and establishes a specific sanctioning regime for violations.

Within the draft are incentives for companies that offer quality training and scope for compatibility between training and unemployment benefits. It reportedly repeals the outdated 2011 regulation on non-labour internships and amends several existing laws to align with the new framework.

According to DLA Piper, this proposal is part of broader government efforts to improve youth access to the labour market, enhance training quality, and ensure fair treatment for all individuals engaged in practical learning within companies. It now awaits parliamentary review and approval. 

The text was agreed with the main Spanish Unions as part of the social dialogue. However, it was not supported by the main Employers Associations. When the government last opted to send a draft law to the Parliament with the support of only the main Unions, Parliament rejected it.

Source: DLA Piper