The Spanish government has approved a draft law to regulate non-labour practical training

At a glance

• A draft legislative proposal from the Spanish government on non-labour practical training will be now submitted to Parliament for debate.
• It aims to regulate non-labour practical training in companies and prevent misuse of internships (in relation to students in vocational, university, artistic, sports, and employment-related training programmes).

The Spanish government has introduced a draft law to establish a legal framework for non-labour practical training in companies. This initiative aims to clearly distinguish educational training from employment, ensuring that internships are not used to replace regular jobs or exploit trainees.

The proposal replaces the term 'becario' (intern) with 'person in non-labour practical training,' aiming to reflect a shift toward dignity, clarity, and legal protection. It responds 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. It also grants labour representatives the right to be informed about training arrangements.

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

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 It repeals the outdated 2011 regulation on non-labour internships and amends several existing laws to align with the new framework.

This proposal is part of Spain’s broader effort 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, but was not supported by the main Employers Associations. The last time that the government decided to send a draft law to the Parliament with the only support of the main Unions it was rejected by the Parliament.