According to a recent OECD report, Spain is the second country in Europe with the highest use of interns, yet only 30% of those internships result in an employment contract. This figure highlights a significant issue in Spain regarding the ability of young people to secure their first job through internships—a practice deeply rooted in our country.
Aware of this reality, the labour reform approved in 2021 (Royal Decree-Law 32/2021), following the 2014 regulation of the figure of the research intern, included in its second additional provision the obligation to initiate negotiations for the Interns’ Statute within six months of its entry into force—a deadline which, as is often the case with such provisions, has not been met. Nevertheless, it appears that during this legislative term, the relationship between interns and companies will finally be regulated, albeit not with the broad consensus among all social partners that would have been desirable, but rather through an agreement between the Ministry of Labour and the most representative trade unions, which reached an agreement on this matter in June of this year. This will add to the 24 regulations enacted outside the much-promoted “social dialogue.”
As is well known, non-employment internships are a form of training that allows students in higher education or vocational training to acquire skills and experience in a real working environment, thereby complementing their academic training. A scholarship is thus configured as a modal donation (Article 619 of the Civil Code), under which the recipient receives a stipend in exchange for undertaking certain work or studies that contribute to their training and benefit.
Despite this clearly educational purpose, this form has occasionally been subject to abuse and precariousness by some companies that have used the figure of the intern as a substitute for training employment contracts, thereby undermining the rights and interests of young people—and not only the young, as the OECD report also reveals concerning data about the average age of interns in Spain—who are at the beginning of their professional careers.
There is broad consensus on the need to regulate and protect the status of interns, recognising their value as trainees and ensuring their rights and responsibilities. That is the aim of the new Interns’ Statute. This new regulation, which is expected to enter into force in 2024, establishes a series of measures designed to improve the quality of internships and the employability of interns, such as the requirement that internships be linked to a training project (let us not forget that these are non-employment internships, with employment internships only permitted under the new alternating training contracts and those for the acquisition of professional practice); the limitation on the number of interns per company, which may not exceed 20% of the workforce, except in the case of microenterprises, which may host up to two interns; financial compensation for interns, which must at least cover transport, meals, and accommodation expenses and may be supplemented by other grants or aid; the maximum duration of internships, which will count toward seniority in the company in the event of subsequent hiring—in line with similar mechanisms, such as those applicable to temporary agency workers; and, ultimately, a set of rights relating to working hours, breaks, holidays, the possibility of suspending or interrupting the internship for health, family, or care responsibilities, etc., which closely resemble those of employees.
Social security contributions for interns will also undergo a major change. As of January 2024, under the provisions of Royal Decree-Law 2/2023 of 16 March, companies will be required to contribute to the Social Security system for students undertaking training placements or external academic internships, including unemployment contributions—previously excluded from benefits for interns.
Accordingly, it will be essential to define this figure clearly, distinguishing it from alternating training contracts or those for the acquisition of professional practice, in order to avoid creating a grey area that could give rise to further complications, as occurred with the case of dependent self-employed workers (TRADEs), whose rights and obligations were so closely aligned with those of employees that it became exceedingly difficult to draw a clear line between the two, leading to undesirable judicialisation of the resulting disputes.
These measures represent a significant step forward in improving the situation of interns, who will be able to benefit from high-quality training—bearing in mind that the training component is the sole distinguishing feature between an internship and an employment contract for the acquisition of professional practice—while also enjoying decent working conditions and better prospects for labour market integration. However, it is also necessary that these measures be effectively implemented and monitored, and that cooperation be fostered among all relevant stakeholders: public authorities, universities and training centres, companies, and the interns themselves. The new Interns’ Statute is an opportunity to enhance the status of non-employment internships and to promote the talent and employability of young people, who represent the future of our society and economy. We must not squander it.
