The relationship of the scholarship holder against the new regulation of the training contract. Areas of concurrency and elements of distinction

Abstract

The debates around youth employment have acquired a growing importance in Spain in recent years. Those who complete their studies and prepare to enter the labor market face a lack of practical training and experience in work environments.

In this sense, there are various contractual figures or legal relationships that adjust to what the new professional requires and facilitate and accelerate their immersion in the world of work, among which we find the figure of the intern or training contracts. That, although they may have common notes, they have different natures: one is considered a proper employment relationship, and another is not.

Through a regulatory journey in the Spanish and European panorama, the body of this article establishes the regulatory framework of the aforementioned figures, alluding to the origin of the problem (discerning in practice the border that exists between the scholarship relationship and the contract of work), contributing to the debate on the special legal relationship of scholarship holders, their differentiation with training contracts and an approach to doctrine and jurisprudence, through the analysis of the figures of the scholarship holder, false scholarship holder, training contracts and the bases that determine the nature of the bond. As a climax, some possible solutions are noted; and the most important thing for determining the existence or not of a scholarship: the factual reality.