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Scope of application of Additional Provision 52 LGSS

Which internships are included?

  1. Those carried out by university students, both those aimed at obtaining official bachelor's and master's degrees and doctorates, as well as those aimed at obtaining a university-specific qualification, whether it be a lifelong learning master's degree, a specialisation diploma or an expert diploma.
  2. Those completed by vocational training students, provided that this is not intensive vocational training, which entails the formalisation of a training contract and therefore constitutes an employment relationship.
  3. Those carried out by students of Higher Artistic Education, professional artistic education and sports education in the education system.

Are students on courses that require the completion of an internship and who are receiving unemployment benefit or allowance included?

Recipients of an unemployment benefit or allowance, including the unemployment benefit for the over 52s which entails the obligation to pay contributions to the managing body, are not included in the field of application of the A.D. 52 LGSS. However, recipients of a non-contributory unemployment benefit, with the exception of the benefit for the over 52s, which entails the obligation to pay contributions to the entity managing the unemployment benefit, are included in the field of application of Additional Provision 52 LGSS.

However, irrespective of whether any of these situations occur, the student must be registered as a trainee. The Social Security General Treasury will determine, at the time of calculating the settlement of contributions, the number of training days for which contributions must be paid.

Are unpaid internships performed by an employed person who, while in a situation of temporary disability, is pursuing studies that require them to do so included?

No, no Additional Provision. 52 LGSS does not apply, as they are already registered with the duty to pay contributions during the internship. However, the trainee must be registered regardless of whether these conditions are met. The Social Security General Treasury will determine, at the time of calculating the settlement of contributions, the number of training days for which contributions must be paid.

Does this apply to persons with a special agreement for non-professional carers of dependent persons?

As the special agreement for professional carers is a situation assimilated to that being registered with the obligation to pay contributions, entering into this agreement excludes the application of Additional Provision 52 LGSS.

Does it apply to interns on a farm?

Yes. However, inclusion in the Social Security system shall be under the General Scheme.

Does it apply to students on an internship in a public administration?

Yes, provided that the conditions and requirements set out in the regulations are met, since for social security purposes, public administrations are considered employers.

Does it apply to remunerated internships undertaken by a person holding a university degree?

Additional Provision 52 LGSS applies to internships carried out by university students aimed at obtaining official qualifications and university-specific qualifications.
The provisions of Royal Decree 1493/2011, of 24 October, which regulates the terms and conditions of inclusion in the General Social Security Scheme for persons participating in training programmes, apply to paid internships carried out by persons holding a university degree linked to university studies.

Does it apply to students who are already on a part-time contract?

No, because during the internship, they are already registered for another activity. However, the registration of the intern must be reported regardless of whether these conditions are met, and the TGSS will decide whether it is appropriate at the time of settlement.

Are students under 16 who are on unpaid internships as part of their basic vocational training included?

No, the minimum age for inclusion is 16.

Are internships as part of university extension courses included?

No, as these activities are aimed at obtaining certificates or diplomas other than the universities' own degrees.

Are internships carried out online by a student enrolled at a Spanish university but residing outside Spain included?

No, as they do not fulfil the requirement of residing in Spain.

Are internships performed by inmates studying at UNED and who complete their internships at a penitentiary centre included?

Yes, since the internships may be carried out at any type of company, institution or entity, provided that they are included in the corresponding training programmes, unless in prison the student is also carrying out work that gives rise to registration in the general Social Security scheme.

Does this apply to internships for leisure monitor/leader in schools outside the VET system?

The training internships of leisure time monitor/manager shall only be included if they are aimed at obtaining a Vocational Certificate issued by a Vocational Training System Centre authorised by the competent administrations to provide vocational training offers and registered in the corresponding register of autonomous centres, without prejudice to the fact that other companies or similar bodies may be involved in the development of such placements under the terms of article 82 of Organic Law 3/2022, of 31 March.

Are all non-occupational work placements linked to vocational training actions for employment included?

No. Only those aimed at obtaining a certificate of professionalism would be included. Those that are not conducive to such an achievement would not be.

Nor would internships in the Socio-labour Inclusion Programmes of the Employment Services of the Autonomous Regions be included, which include a training itinerary with non-labour internships at a company, not leading to the award of a certificate of professionalism.


Are non-formal training placements included?

They are not included. Pursuant to Additional Provision 52 LGSS, the following internships are excluded from its scope:

  1. Those performed by university students that do not provide official and university-specific qualifications.
  2. Those performed by vocational training students that do not provide vocational certificates issued by centres in the Vocational Training System that are authorised by the competent administrations to provide vocational training and registered in the corresponding register of autonomous centres.
  3. Those performed by students in the higher artistic education system, professional artistic education system and sports education system that are not part of the mainstream education system.


What is meant by paid internships?

Paid internships are understood to be those that involve the student receiving a financial payment, whatever the concept, form or amount.

However, the fact that the internship is paid does not mean that the intern receives a salary, since in cases where Additional Provision 52 LGSS applies, the intern is not a worker and therefore does not receive a salary.


Are extracurricular internships included?

This includes extracurricular university internships previously authorised by the training centre.

Which internships are excluded?

As a general rule, all training internships that are not aimed at obtaining official university degrees, master's degrees and doctorates, those that are not aimed at obtaining a university degree, whether a lifelong learning master's degree, a specialisation diploma or an expert diploma, and vocational training internships, in intensive mode or not aimed at obtaining a certificate of professionalism, are excluded.

Are all interns included for the duration of the internship?

Interns are not included during periods in which they are registered, in a situation assimilated to inscription with obligation to pay contributions or in a situation assimilated to registration that is considered as an effective contribution in any Social Security Scheme (e.g. people who are on leave of absence to care for a child or minor in permanent foster care or foster care for the purpose of adoption or other family members under the terms of Article 46 of the Workers' Statute Law, approved by Royal Legislative Decree 2/2015, of 23 October).

Similarly, people considered pensioners or who have a permanent disability, whether contributory or non-contributory, are not included in the Social Security system.

However, in any of these, the affected party must report the registration regardless of whether these conditions are met, and the TGSS will decide whether it is appropriate at the time of settlement.


What types of arts and sports education are included?

  1. Higher artistic education, i.e. higher studies in music and dance, higher studies in drama, higher studies in conservation and restoration of cultural goods, higher studies in design or higher studies in plastic arts, including higher studies in ceramics and higher studies in glasswork.
  2. Professional artistic education in music and dance, as well as the intermediate and higher levels of practical arts and design.
  3. Sports education.

Are students who carry out paid non-regulated vocational training internships included in the 52nd additional provision of TRLGSS?

Students who carry out paid internships in non-regulated vocational training are outside the scope of application of the 52nd additional provision of the TRLGSS, and are included in the scope of application of Royal Decree 1493/2011, of 24 October.

Are foreign students who, within the framework of a European university programme, carry out paid training internships in Spain financed by Spanish public bodies included?

Foreign students who, within the framework of a European university programme, carry out paid training internships in Spain financed by Spanish public bodies are outside the scope of application of additional provision 52 of the TRLGSS, and are included in the scope of application of Royal Decree 1493/2011, of 24 October.

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