The Labor Inspection has concluded in a second report that it has not been possible to verify that the students in training were workers of Malinchethe musical of Nacho Cano. «It is concluded, as in the first report, it has not been possible to verify that the students in training were workers of Malinche The musical, for not being accredited the typical notes of a employment relationship: personal work, voluntariness, compensation, dependence and alienity, ”says the Labor Inspection in his document.
The Labor and Social Security inspection does not appreciate “irregularities” in terms of the competences that it holds, with respect to the musical fellows. At this point, remember that, according to the Law on Rights and Freedoms of Foreigners in Spain and their social integration, foreigners who intend to study or expand studies in Spain, carry out training activities, participate in students’ exchange programs, carry out non -work practices or volunteering services can be authorized for the stay for the duration of the studies or activity (with an initial maximum of one year, or of 2 years. And they will study more than one academic year, for the time coinciding with the official duration of these studies, extendable with a limit of one year in each extension.
This authorization is responsible for the Government Delegation, and the Labor Inspection consults this administrative authorization in the event that it considers that the real legal relationship is of a labor nature because the regulatory norm of the infraction committed is different if there is a residence authorization or not.
“But as we have concluded that it has not been possible to verify that they were workers, nor fellows of the General Social Security Law, the control of their administrative situation in the field of foreigners does not compete with the inspection,” concludes the report.
The first inspection of the Ministry of Labor also certified that the 17 Mexican fellows of the musical Malinche Directed by Nacho Cano were in order and did not have to be included in the Social Security system, since they performed a “unregulated” training.
