Alternating Training Contract in Spain: Rules & Conditions

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The Spanish labor market has undergone profound transformations following the latest legislative reforms, especially regarding employment contract types aimed at young people and those looking to redirect their professional careers. The contrato de formación en alternancia (alternating training contract) stands today as the star tool to combine theoretical learning with paid effective work, replacing the old training and apprenticeship contract. Whether you are a student looking for your first opportunity, a worker undergoing professional retraining, or an employer wishing to bring young talent into your workforce, fully understanding the operation, legal requirements, and advantages of this contract type is essential to avoid penalties and maximize its tax and training benefits.

What is the Alternating Training Contract? Regulatory Framework

The contrato de formación en alternancia is a contract type under Spanish labor law expressly designed for workers to combine paid work activity with a training process, whether within the vocational training system, university studies, or the Catálogo de Especialidades Formativas del Sistema Nacional de Empleo (Catalogue of Training Specialities of the National Employment System).

The reference regulatory framework governing this figure is mainly found in:

• *The Estatuto de los Trabajadores (Workers' Statute - Royal Legislative Decree 2/2015, of October 23), specifically in its Article 11.1*, following the wording given by Royal Decree-Law 32/2021 on urgent measures for labor reform.
• *The Ley General de la Seguridad Social (General Social Security Law - LGSS)*, regarding contributions and the protective action of the Social Security system.
• Royal Decree 1529/2012, of November 8, which develops the training and apprenticeship contract (in everything that does not contradict current regulations after the labor reform) and subsequent regulatory developments of the Vocational Training System.

Unlike the old model, the current alternating training contract is not limited solely to young people without qualifications. Instead, it opens up a much wider range, allowing a direct connection between classrooms (university or vocational training) and the workplace under a strict tutoring system.

Requirements and Conditions of the Alternating Training Contract

For an alternating training contract to be fully valid and not incur a fraude de ley (abuse of law/fraudulent contract), it must strictly comply with a series of subjective (worker-related) and objective (employment relationship-related) requirements.

1. Worker Profile and Age Limits

Spanish legislation distinguishes two scenarios depending on the type of studies being pursued:

• No age limit: There is no maximum age limit when the contract is signed within the framework of university studies, intermediate or higher-level vocational training (formación profesional), specialization courses, or equivalent degree titles.
• 30-year limit: The age limit is set at a maximum of 30 years (not having reached 30) when the contract is linked to level 1, 2, or 3 certificados de profesionalidad (professional certificates), or public employment-training programs (such as escuelas taller or casas de oficios / workshop schools and youth centers).
• Age exceptions: No age limit will apply when the contract is signed with people with disabilities or with groups in situations of social exclusion determined by law.

2. Contract Duration

The duration of this contract is rigidly limited by the Estatuto de los Trabajadores to avoid unjustified temporary employment:

• The minimum duration is 3 months.
• The maximum duration is 2 years (24 months).
• If the contract is signed for a duration shorter than the legal maximum, the parties may agree on up to two extensions, without the total accumulated duration exceeding the limit of 2 years.

3. Working Hours and Limits on Effective Work

This contract is characterized by dividing the worker's time between theoretical training and effective work in the company. The limits are as follows:

• During the first year, the effective working time cannot exceed 65% of the maximum working day provided for in the convenio colectivo (collective bargaining agreement) or, failing that, of the maximum legal working day of 40 hours per week. The remaining 35% must be dedicated to training.
• During the second year, effective work cannot exceed 85% of the working day, with 15% allocated to training.
• Strict prohibitions: It is strictly forbidden to work overtime (except in cases of fuerza mayor / force majeure), perform night work (between 22:00 and 6:00 hours), and work shifts, unless the training activity cannot be carried out in other periods due to the nature of the company's activity.
• A periodo de prueba (probationary period) cannot be established in this contract type.

4. Worker's Remuneration

The worker's salary under this scheme cannot be arbitrary or fall below certain legal minimums that protect their economic dignity:

• The remuneration will be set according to the provisions of the applicable convenio colectivo for this type of contract.
• Failing that, the remuneration cannot be less than 60% during the first year, nor less than 75% during the second year, of the salary set in the agreement for the professional group and pay level corresponding to the functions performed.
• In no case can the remuneration be less than the current Salario Mínimo Interprofesional (Minimum Interprofessional Wage - SMI) in proportion to the effective working time. For the year 2024, the SMI is set at 1,134 € per month in 14 payments (or 1,323 € with prorated payments) for a full-time position.

Practical Examples with Real Figures

To understand how working hours, training, and salary are calculated for these contracts, we will analyze two very common practical scenarios in the Spanish labor market.

Example 1: Alejandro and his Web Application Development training (First Year)

Alejandro, aged 22, is hired by a software development company under an alternating training contract linked to his vocational training cycle. The company's collective bargaining agreement establishes a 40-hour workweek and a base salary for his professional group of 1,500 € gross per month.

• Time distribution (First Year - 65% work / 35% training):
• Weekly effective work: 26 hours (65% of 40 hours).
• Weekly theoretical training: 14 hours (35% of 40 hours).
• Salary calculation:
• By agreement, he would be entitled to 60% of his group's salary: *1,500 € 60% = 900 €** gross per month.
• However, we must check the proportional SMI limit. The prorated SMI is 1,323 €. Since Alejandro works 65% of the working day, his minimum proportional SMI is: *1,323 € 65% = 859.95 €**.
• Since the 900 € from the collective agreement exceeds the proportional SMI (859.95 €), Alejandro will receive a payslip of 900 € gross per month (plus the proportional part of extra payments if they are not prorated).

Example 2: Sofía and her professional certificate in Hospitality (Second Year)

Sofía, aged 28, works in a hotel on the Costa del Sol while studying for a professional certificate in restaurant services. She is in her second year of the contract. The applicable hospitality collective agreement sets a 40-hour workweek and an agreement salary of 1,200 € gross per month for her category.

• Time distribution (Second Year - 85% work / 15% training):
• Weekly effective work: 34 hours (85% of 40 hours).
• Weekly theoretical training: 6 hours (15% of 40 hours).
• Salary calculation:
• By agreement, she would be entitled to 75% of her group's salary during the second year: *1,200 € 75% = 900 €** gross per month.
• We check the proportional SMI for 85% of the working day: *1,323 € 85% = 1,124.55 €**.
• In this case, the collective agreement salary (900 €) falls below the proportional SMI (1,124.55 €). By legal mandate, the company is obliged to pay Sofía a minimum of 1,124.55 € gross per month to guarantee she does not earn less than the SMI in proportion to her effective working hours.

Step-by-Step Practical Procedures to Formalize the Contract

Formalizing an alternating training contract requires close coordination between the company, the training center, and the Servicio Público de Empleo Estatal (State Public Employment Service - SEPE). These are the steps you must follow:

1. Candidate selection and verification of requirements: The company must check that the candidate meets the age requirements (if applicable) and possesses the necessary prior qualifications to access the linked training, or lacks the professional qualification required for the position if it is a basic professional certificate.
2. Agreement with the training center: Before signing the employment contract, an authorized training center (or the University/Vocational Training Institute itself) must be contacted to design the individualized training plan. A Convenio de Cooperación Educativa (Educational Cooperation Agreement) or a training activity agreement annexed to the contract will be signed.
3. Drafting the employment contract: The contract must be formalized in writing using the official model provided by SEPE (specific contract code for alternating training). The document must specify in detail the effective work schedule and the hours dedicated to training, as well as the identity of the tutors (one designated by the company and another by the training center).
4. Registration with Social Security: The company must register the worker with the Tesorería General de la Seguridad Social (General Treasury of the Social Security - TGSS) prior to the start of the employment relationship, using the specific contribution account code for training contracts.
5. Registration with SEPE: Within a maximum period of 10 days from the formalization of the contract, the company must register the contract and the annexed training plan with the corresponding Public Employment Service office, usually electronically through the Contrat@ application.

Mistakes You Must Avoid

Making mistakes in managing an alternating training contract can lead to serious financial and administrative consequences for the company, including the automatic conversion of the contract into a permanent one. Pay special attention to these common failures:

• Exceeding the limit of effective working hours: Exceeding 65% of the working day in the first year or 85% in the second year, or allowing the worker to work overtime, distorts the nature of the contract. In the event of a labor inspection, the contract will be considered an ordinary full-time, permanent contract.
• Lack of real connection between the training and the job position: If the functions the worker performs on a daily basis in the company do not have a direct and close relationship with the theoretical studies they are pursuing, the contract will be considered a fraude de ley.
• Absence or inactivity of tutors: Failing to designate a tutor in the company, or the tutor failing to carry out the mandatory monthly monitoring and evaluation together with the training center, is grounds for a serious penalty by the Inspección de Trabajo y Seguridad Social (Labor and Social Security Inspectorate).
• Establishing a probationary period in writing: The law expressly prohibits agreeing on a probationary period in this contract type. Any clause to this effect will be deemed non-existent, and dismissing the worker during the first few months could be declared unfair (improcedente).

Frequently Asked Questions (FAQ)

Is the worker under an alternating training contract entitled to unemployment benefits (paro)?

Yes. Following the entry into force of the latest reforms, workers with an alternating training contract contribute for all contingencies, including unemployment, the Fondo de Garantía Salarial (Wage Guarantee Fund - FOGASA), and vocational training. Therefore, they accumulate the contribution periods necessary to request unemployment benefits (paro) or the corresponding subsidy at the end of their employment relationship.

Can this contract be extended if the worker fails their subjects?

The duration of the contract is linked to the training plan. If the worker does not pass the modules or subjects in the planned time, the contract can be extended within the legal limits (maximum of 2 years in total) provided that the training center certifies the need for such an extension so that the student can successfully complete their studies.

What tax benefits and subsidies do companies receive?

Companies that hire under this scheme can benefit from significant incentives:

• A 100% reduction in employer Social Security contributions if the company's workforce is under 250 workers (and 75% if it is equal to or greater).
• An additional subsidy to finance the costs of the theoretical training received by the worker.
• If, at the end of the contract, the company converts the worker to a permanent contract, it will be entitled to a contribution subsidy of 1,500 € per year (or 1,800 € if the worker is a woman) for a period of 3 years.

Can a foreigner with a student visa access this contract?

Yes. Foreign students in Spain with a student stay authorization (autorización de estancia por estudios) can carry out work activities compatible with their studies. With the reform of the Reglamento de Extranjería (Foreigners' Regulations), it is easier for these students to be hired under the alternating training scheme, provided that the work activity does not interfere with their school hours and the formal requirements of the contract are met.

Can you hire part-time under this contract type?

No. The alternating training contract is always carried out computing the full-time working day (which adds up the effective working time and the theoretical training time). It is not legally possible to make a part-time alternating training contract, as the sum of working and study hours must equal 100% of a full-time worker's working day.

In Summary

• Dual purpose: Combines effective work in a company with official theoretical training (university, vocational training, or professional certificates).
• Age limits: No age limit for vocational training and university; a limit of 30 years for level 1, 2, and 3 professional certificates.
• Limited duration: The contract must have a minimum duration of 3 months and a non-extendable maximum of 2 years (24 months).
• Working day split: Effective work cannot exceed 65% in the first year or 85% in the second year of the company's maximum working day.
• Salary guarantee: Remuneration is set by collective agreement, but can never be lower than the SMI in proportion to the hours of effective work.
• Contribution benefits: Social Security exemptions and subsidies of up to 100% for SMEs and aid for conversion to permanent contracts.

General legal information, not personalised legal advice. For your specific situation, ask your question for free at AbogadoAI — answers grounded in Spanish law (BOE), in English.

This is general information, not legal advice. Verify on the BOE or consult a lawyer for your specific case.