New regulations on internships labour contracts for foreign youngsters in 2019
August 31, 2018, Royal Decree-law 11/2018 was published, following a European directive that establishes a new framework for the authorization of internships in companies. Exactly is the Additional Provision 18 of Royal Decree-law 11/2018, of August 31, of transposition of directives on the protection of pension commitments with workers, prevention of money laundering and requirements for entry and residence of nationals of third countries and by which Law 39/2015, of October 1, of the Common Administrative Procedure of the Public Administrations, is modified.
The idea of this RD is to encourage the attraction of talent in Spain, which facilitates the hiring by companies of foreign nationals who have studied or have studied university or master's degree.
For months, we have been consulting with the Sub delegation of the Government, and little by little it seems that the procedures are finally clear in almost all the provinces and it is possible to carry out the management so it is viable to begin to manage requests of this type and incorporate candidates with a through this procedure. This law applies to NON-EU Citizens.
News:
- University or master's degree graduates can complete internships if they did not finish more than 2 years ago.
- You have to make an agreement but the university does not have to sign it or approve it, so you only have to make a letter of offer to the candidates (also called an agreement) that describes:
1. A description of the internship program, including the educational objective or the components of the practices.
2o The duration of the practices.
3. The conditions of the practices and their supervision.
4. The practice hours.
5. The legal relationship between the trainee and the host entity.
Requirements:
- You must have a residence permit for studies or apply for a visa
- To be a university student or master or graduate student no more than 2 years ago.
- Up to 1-year internship (6 months + renewal)
Documentation to be collected:
- Fill the form 04
- Make the agreement plus the training plan for the position (perform internally, or from Spain Internship we can help you to shape it) The university agreement is also valid.
- Approve proof of sufficient income for the stay, including own funds or the help given by the company.
- Copy of the candidate's passport
- Medical insurance (European or private depending on the case)
Candidate procedure: http://extranjeros.mitramiss.gob.es/es/InformacionInteres/InformacionProcedimientos/
Procedure to be carried out by companies:
By Internet:
1) Through the Mercurio Platform, at the following link:
https://sede.administracionespublicas.gob.es/pagina/index/directorio/renovacion_telematica_extranjeria
2) In the General electronic register of the General State Administration, in the following link:
https://rec.redsara.es/registro/action/are/acceso.do
DOCUMENTATION to be provided:
1) Application form, in official form (EX04) duly completed and signed. Said form can be obtained at the following link:
http://extranjeros.mitramiss.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/index.html
2) Copy of the full passport or travel document, in force.
3) Where applicable, documentation proving that it is regularly located in Spanish territory.
4) Documentation that proves the legal personality of the host entity:
a) If it is an individual entrepreneur:
1) copy of the NIF or NIE, or consent to verify the identity data to
through the Identity and Residence Data Verification System.
b) If it is a legal person:
1) Copy of the NIF of the company and copy of the deed of incorporation duly registered in the corresponding Registry.
2) Copy of the public document that certifies that the signatory of the application for authorization holds the legal representation of the company.
3) Copy of the NIF or NIE or consent to verify the identity data through the Identity and Residence Data Verification System of the signatory of the application.
5) Title or certificate of Higher Education obtained in the two years prior to the date of application or documentation proving that you are conducting studies that lead to obtaining a higher education degree.
6) Contract or internship agreement that includes the description of the internship program (including the educational purpose or the components of the internship), its duration, the conditions of the internship and its supervision, the internship hours and the legal relationship between the trainee and the host entity.
7) Documentation that proves that the internships are carried out in the same academic field and at the same level of qualification as the higher education degree or the Higher education study program that you are studying.
8) Public or private medical insurance (including hospitalization).
9) Accreditation of economic means (bank certificate, bank movements ...)
10) Criminal record certificate issued by the Authorities of the country or countries in which he or she has resided during the last five years prior to entering Spain (unless he or she holds another prior authorization of more than 6 months).
The content of this article is indicative and not legally binding.
The article was written by José Antonio Jiménez Lama, Director of Spain Internship.
