Learning Contract: Consequences of not Considering it as a Special Form of Employment Contract

Abstract

This article studies the most significant consequences and the potential problems of not considering the Learning Contract as a form of recruitment. First, we explore the reasons why it is not considered to be an employment contract. Then, we analyze some of the implications and issues of this categorization, covering issues such as the lack of supervision of labor inspectors, coverage of the social security system, maternity protection forums, the concept of salary, paid vacations, the figure of subordination, protection against work harassment and unionization. Finally, we conduct a critical analysis of the problem addressed so as to formulate conclusions and recommendations aimed at considering the inclusion of the learning contract as a special category of the employment contract with protections for the people subjected to this type of contractual modality.