The applicable rules for granting and renewing the student worker status are set out in Articles 89 to 96 of the Labour Code, approved by Law No. 7/2009 of 12 February, applicable by reference to Article 4(1)(g) of the General Labour Law in Public Functions
Any level of school education, including postgraduate, masters or doctorate degree from an educational institution, or a vocational training course or temporary work experience programme for young people lasting six months or more.
No. Employees enrolled in postdoctoral programmes are not eligible for student worker status as they fall outside the scope of this policy.
In order to apply for student worker status, the employee must complete form Im0570 (application for student-worker status), together with the following documents:
a) Proof of enrolment;
b) Proof of academic progress (for status renewal only);
c) Class schedule and working hours proposed;
d) If applicable, a written declaration from the hierarchical superior stating the reasons why it is not possible to assign specific working hours compatible with the class schedule.
In accordance with Article 95 of the Labour Code:
- The rights to adjusted working hours, time off to attend classes, scheduling holiday leave to meet academic requirements, or unpaid leave will cease if the student worker does not succeed in the academic year in which he/she benefits from the status.
- If the student worker fails for two consecutive years or three interspersed years, the remaining rights are forfeited;
- Student worker rights are immediately ceased in the event of a false statement of the facts on which the status is to be granted or the facts on which the rights are based, or if they are used for other purposes.
Student workers can resume student worker rights in the academic year following the termination of the status, but not more than twice.
Academic progress is defined as the successful completion of the academic year; or the successful progress in at least half of the subjects in which the student is enrolled; or the approval or accreditation of half of the modules or equivalent units of each subject, as defined by the educational or training institution for the academic year or for the annual period of attendance, in the case of module-based or equivalent programmes which do not set conditions for the completion of the academic year or for satisfactory progress in subjects.
A worker who is unable to comply with the provisions of the previous paragraph due to an accident at work or occupational disease, prolonged illness, leave due to clinical risk during pregnancy, or due to having taken initial parental leave, adoption leave or additional parental leave for a period of at least one month, shall also be considered to have achieved academic progress.
Yes, student workers must provide their employer proof of academic progress at the end of each academic year.
The law grants student workers the right to adjusted working hours in accordance with the normal working hours (35 hours per week) - see Article 90(1) of the Labour Code.
A student worker may work up to 6 consecutive hours, as they benefit from a special working time scheme (see Article 109 of the LTFP in conjunction with Article 90(1) of the Labour Code).
If it is not possible to adjust working hours, which must be duly justified by the hierarchical superior, the student worker may be given time off from work for up to 5 hours per week to attend classes.
It can be taken all at once or staggered.
No. In flexible working hours, compliance with the regular working hours is measured on a monthly basis, while time off work is granted on a weekly basis, and can be taken all at once or in instalments, thus implying fixed working hours in accordance with the time off work.
Student workers are entitled to justified leave to take assessment tests/ examinations under the following provisions (set out in Article 91 of the Labour Code):
. On the day of the examination/assessment test and the day before;
. Where examinations are held on consecutive days, or where more than one examination is scheduled for the same day, the number of days immediately preceding the examination is the same as the number of examinations to be sat;
Please note: Immediately preceding days include weekly rest days and public holidays; absences cannot exceed four days per subject per academic year; this right can only be exercised in two academic years per subject;
Absences by student workers are also considered justified for the strictly necessary travel time required to sit assessment tests or examinations, with a maximum of 10 paid absences per academic year, regardless of the number of subjects.
In such cases, the student worker may instead choose to accrue the days preceding the assessment tests/examinations, up to a maximum of three consecutive or non-consecutive days, or the equivalent number of non-consecutive half days. Accrual is only permitted if the days preceding the assessment tests/examinations not used by the student worker were not weekly rest days or public holidays.
An examination or other written or oral assessment or assignment presentation, provided that it complements or entirely replaces the examination and as long as it directly or indirectly determines academic progress.
Yes. Student workers are entitled to schedule their holiday leave around their academic commitments and can take up to 15 interspersed leave days.
Yes. Student workers are entitled to unpaid leave up to 10 working days per calendar year, consecutive or non-consecutive.
Unpaid leave on the grounds of student-worker status must be taken by filling in the Im0631 (Application for leave for school reasons), duly accompanied by the opinion of the Superior, at least 48 hours in advance (or as soon as possible, if this is not feasible, for 1 day):
- 48 hours (or as soon as possible, if impracticable), for 1 day's leave;
- 8 days, for leave of 2 to 5 days;
- 15 days, for leave of more than 5 days.
Taking this leave does not result in the loss of any rights, except for salary and meal allowance.