Social Security of training programme participants

Abstract

Royal Decree 1493/2011, of 24 October 2011, provides that persons who participate in training programs funded by public or private entities or organizations that are related to university or vocational training studies and are not exclusively instructional but also include work placement in companies, institutions or entities and involve monetary compensation of any description or form for the affected parties shall be treated as employees for the purposes of inclusion in the General Social Security Regime, provided that the implementation of such programmes does not result in an employment relationship that involves their registration in the respective social security system.

Also, Royal Decree 1493/2011 devotes its first additional provision to all persons who, prior to the date of entry into force, had already been in the situation described in this regulation, i.e. they had already participated in training programmes of the type described therein. This vast group of people may sign a single special agreement that allows them to count the contributions for periods in training in Spain and abroad, up to a maximum of two years.

These two provisions are intended to terminate the lack of protection suffered by a large number of participants in training programmes. Up to now, though they carried out or had carried out work placement in companies, institutions or entities for which they received monetary compensation, they received no protection for this activity under the Social Security system. This study considers the true extent of these provisions contained in Royal Decree 1493/2011.