Overview of Apprenticeship in Spain Silvia Fernández Martínez PhD Candidate University of Bergamo (Italy)/ ADAPT Associazione per gli studi internazionali e comparati sul diritto del lavoro e sulle relazioni industriali

Framing the issue Global economic crisis particularly affected Spain, specifically young people Spain: one of the European countries with the highest youth unemployment rate (between people without any studies certification but also with a University Degree) Disconnection between formal education system and labor market Contract for Training and Apprenticeship: instrument to allow young people to enter in the Labour market Several reforms in the field of school-to-work transition and work-linked training = scattered regulatory framework and legal uncertainty Article 11.2 Estatuto de los Trabajadores- Royal Decree 1529/2012 of 8 November introduced a new legal framework for the Contract for Training and Apprenticeship Associazione per gli studi internazionali e comparati sul diritto del lavoro e sulle relazioni industriali

Objectives of the Contract Not only the job performance but also the acquisition of a formation by the employee = professional qualification, acquisition of skills and learning how to perform a profession New modality of contractual agreement = specific regulation Theoretical training activity and practical training activity are two separated moments Theoretical training has to be related to the job Alternation system of learning-by-doing. It will be more effective if the two moments of the training will be integrated Aim of the contract: implement the employability of young people Contract for Training and Apprenticeship: instrument of labour insertion Associazione per gli studi internazionali e comparati sul diritto del lavoro e sulle relazioni industriali

Features Apprenticeship = employment contract Employee has all Labour Law and Social Security rights, included unemployment benefits Legal regulation doesn’t contain limits about the number of Contracts for Training and Apprenticeship that a company can conclude, collective agreements can not introduced this limits People from 16 to 25 years old, temporarily extended to 30 years until the rate of unemployment in Spain goes beyond 15% People without a degree Modality of fixed-end employment contract = minimum duration 1 year and maximum 3 years

Associazione per gli studi internazionali e comparati sul diritto del lavoro e sulle relazioni industriali Features Tacitly extended to an open-ended full-time employment contract if the employee continues to provide services once the maximum duration of the contract has been completed Forbidden to conclude two or more Contracts for Training and Apprenticeship to obtain the same qualification or in the same job position Trial period: if after the Contract for Training and Apprenticeship, the employee remains in the companny a new trial period cannot be established Working time: effective working time in the workplace (75% first year and 85% second and third year) and hours dedicated to vocational training Possibility for temporary employment agencies to conclude Contracts for Training and Apprenticeship: obligation of provide training activity Remuneration: established by collective agreements. Hours of theoretical training activity are excluded from remuneration

Training activity Associazione per gli studi internazionali e comparati sul diritto del lavoro e sulle relazioni industriali System of professional training is a new tool to implement the training component of the Contract for Training and Apprenticeship Obligation of the company: check the correspondence between vocational training with job performance Obligation of the apprentice: attend theoretical lessons. Hours of vocational formation in the educational system are part of the object of the contract Training activity can be provided in an attendance, semi-attendance or e-learning system It can be offered by an authorised Training Centre or by the company if it has adequate installations, staff with the competences required and an authorization Non-compliance of the obligation to offer training activity to the employee has the consequence of extend the contract in an open-ended full-time contract

Latin American Case Situation of young people similar to Spain Contract for Training and Apprenticeships born as an instrument to young people to acquiesce experience Lack of implementation Fixed-term employment contract Training activity: Uruguay, Bolivia, Chile and Paraguay: training activity takes place in the workplace Colombia, Costa Rica and Peru: Training Centres that provide theoretical training activity outside the company Associazione per gli studi internazionali e comparati sul diritto del lavoro e sulle relazioni industriali

Conclusion Despite the effort of Government to implement the use of the Contract for Training and Apprenticeship, data related to the number of contracts concluded are not very encouraging Contract for Training and Apprenticeship has been used mostly for its temporary nature and has not achieved the objective to give practical formation to young people Contract for Training and Apprenticeship has been considered as a modality of precarious work because of the low rates of real inclusion in labour market Problem: cultural approach to dual training systems Training activity is not correlated with the real demands of the companies