- Working time flexibility
Cuenta de Formación
Any employee with at least one year of seniority in a company.
This instrument was introduced with the Royal Decree Law 3/2012, regulated by the law 30/2015 and implemented by the Royal Decree 694/2017. It entitles workers who have worked in the same company for at least one year to take 20 hours of paid leave for professional training. These 20 hours are annual and can be accumulated for a maximum of 5 years. Furthermore, the public employment service provides each worker with a training account associated to her/his social security affiliation number. Thus, the training received by each worker based on the National Catalogue of Professional Qualifications is recorded in that account in order to work as electronic training history, including every life-long orientation and training activity of each worker, regardless of the modality, the place or the organisation where they training is implemented. Employers have to finance the period of working leave, but not the training cost itself.
The Royal Decree 694/2017 implemented law 30/2015 on the regulation of the vocational training system for employment in the workplace, introducing the regulation of the content of the training account (although this right requires to be further regulated and implemented at company level via collective agreement or by mutual agreement between employee and company). Likewise, this Royal Decree establishes that the training needs of companies and workers may be covered with training actions aimed at complying with the worker's right to paid leave of 20 hours per year of professional training (thus, the training account), and not only with training activities organised by the company.
Public employment services
SEPE (Spanish public employment service) and regional public employment services.
Although there is no evidence of the concrete implementation of the training account, the tripartite national foundation for continuous proffessional training (FUNDAE) provides figures that show a huge increase in the number of professional training individual permits after the introduction, in 2012, of the law regulating this instrument: from 4,603 permits in 2011 to 17,152 in 2012, increasing to 28,885 in 2013. However, this number of permits has decreased since 2014 (12,435), to 5,584 in 2019 (Fundae 2020). However, there is no evidence to establish a close connection between the evolution of these figures and the effective implementation of the training account.
Some collective agreements such as the sectoral collective agreement of offices of the region of Madrid have regulated the right of paid leave for professional training as it appears in law 3/2012.
Workers with less than one year of seniority in the company are excluded. Thus, the measure will not contribute to address one of the problems linked with the high rate of precariousness in the Spanish labour market, which is the low access to training of those temporary workers who spend less than one year in a company (as highlighted by Felgueroso et al. 2018). Moreover, the proposal does not include measures aiming to enforce this individual right to training. This issue is specifically relevant in SMEs, where employee representative structures and/or trade unions are absent.