AGREEMENT Nº: 'vagreementno’
AGREEMENT TEMPLATE FOR UNDERTAKING EXTERNAL CURRICULAR
AND EXTRACURRICULAR ACADEMIC PLACEMENTS FOR
UNDERGRADUATE AND POSTGRADUATE STUDENTS ON OFFICIAL AND
UIB-SPECIFIC DEGREE PROGRAMMES
Palma,
BETWEEN
On the one hand, the Pro Vice-Chancellor of Student and Graduate Affairs and
Employment at the Universitat de les Illes Balears (hereinafter, the UIB), Professor
Margarita Payeras Llodrá, on behalf of the Vice Chancellor of the UIB, the
Honourable Mr Llorenç Huguet Rotger, through the agreement of the Executive
Council dated 9th December 2014, by virtue of what is set out in article 38.2 of the
Articles of Association, approved by Decree 64/2010, of 14th May (BOIB no. 76, of
22nd May).
And Mr/Ms 'vcompanyrepresentative', holding ID no. 'vrepresentativeid', on
behalf of the company/entity 'vcompanyname' (hereinafter, the
collaborating entity), holding Tax ID no. 'vcompanytaxid' and
headquartered at 'vcompanyaddress' postcode 'vcompanypostcode', in
'vcompanytown'.
The parties acknowledge each other's sufficient authority to be bound by the present
agreement.
RECITALS
I. The university student statute, approved by Royal Decree 1791/2010, of 30th
December, respectively acknowledges in articles 8 and 9 the specific right of
undergraduate and master's students to 'have the possibility of undertaking curricular
or extracurricular placements that may be performed at external entities and at
university centres, structures or services according to the planned method which
guarantee the training purposes thereof' (letter f) and to 'have effective, academic and
professional training [...] on external placements set out in the course curriculum'
(letter g). In turn, article 24 in the Statute governs external academic placements, the
type and general characteristics, as well as the length of the placements for all
students registered on any course given by universities or by centres affiliated to
universities.
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II. The external placement management regulations for UIB students at companies,
entities or institutions (appendix to Regulatory Agreement 11124/2014, of 19th
September - FOU no. 405, of 17th October) (hereinafter, the UIB placement
regulations) sets out in article 1 that external academic placements are a training
activity undertaken by university students and supervised by the UIB aimed at
enabling them to apply and supplement the knowledge acquired during their
academic training and, in this way, promote the acquisition of useful skills in
performing their professional activities and contribute to their employability.
III. The Articles of Association of the University state in article 147.1 that the UIB
will promote a suitable agreement policy with institutions and companies.
IV. The parties are interested in undertaking this collaboration agreement so that
undergraduate and postgraduate students on official and UIB-specific degree
programmes carry out curricular and/or extracurricular external academic
placements.
In light of the above, the parties
AGREE
One. Purpose of the Agreement
The purpose of this agreement is to establish the framework to govern the
collaboration between the UIB and the collaborating entity to enable external
placements to be undertaken according to the specific conditions of each type, set out
in appendix 1 of this agreement.
TYPE I: CURRICULAR PLACEMENTS: those undertaken by students as
academic activities that are part of their course curriculum.
TYPE II: EXTRACURRICULAR PLACEMENTS: those undertaken by
students voluntarily during their training period and which, despite not being
included on their course curriculum, may be acknowledged by credit accreditation
and transfer committees, in accordance with what is set out in article 1.4.b) of the
UIB placement regulations.
Two. Purpose of the Placements
In accordance with what is set out in the UIB placement regulations, the purpose of
the external placements is to:
a) Contribute to the comprehensive training of students by supplementing their
theoretical and practical learning.
b) Facilitate knowledge of the suitable working methodology in the professional
sphere where students will work, contrasting and applying acquired knowledge.
c) Promote the development of technical, methodological, personal and participatory
skills.
d) Obtain practical experience that aids students join the job market and contributes
to improving their future employability.
e) Promote the values of innovation, creativity and entrepreneurship.
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Three. The System for Student Curricular and Extracurricular External
Academic Placements
1. The characteristics of the UIB external placements are governed by the UIB
placement regulations.
2. Students who participate in external placements shall comply with the
requirements set out in article 3 of the UIB placement regulations.
In accordance with the training programme and the characteristics of the
corresponding course, participants shall undertake duties inherent to the professional
profile relating to the course they are following, in line with the placement plan that
each student must develop, in the context of general placement organisation and with
the guidance of the UIB placement tutors and supervisors at the placement centres.
3. Students on placements shall have two tutors: an academic tutor at the UIB and a
tutor at the collaborating entity.
a) The academic tutor shall be a UIB lecturer with the rights and obligations set out
in articles 13 and 15 of the UIB placement regulations.
b) The tutor at the collaborating entity should be an individual who is linked to the
firm with professional experience and the necessary knowledge to undertake
effective mentoring and who shall have the rights and obligations set out in articles 9
and 16 of the UIB placement regulations.
The tutor at the collaborating entity shall have the right to obtain an accreditation
certificate for the work undertaken.
4. Once the external placements have finished, the UIB shall issue an accreditation
document upon request from students that shall contain at least the aspects set out in
article 14.4 of the UIB placement regulations.
5. Students have the right to undertake the corresponding assessment tests on their
registered course and the collaborating entity has the obligation to grant them the
necessary permission to take said tests.
6. Every student on a placement shall sign an appendix (appendix 2 to the present
agreement) that shall state: the type of placement and the specific conditions for each
placement plan. This appendix shall be signed by the tutor at the company/entity, the
UIB tutor and the student.
Four. Rights and Obligations of Students on Placements.
During their curricular and extracurricular undergraduate and postgraduate external
academic placements, students shall have the rights and obligations set out in articles
5 and 14 of the UIB placement regulations.
Five. Exclusion of Employment Relationship
1. Given their educational nature, the performance of undergraduate and
postgraduate external academic placements shall in no way give rise to obligations
inherent to an employment relationship. Furthermore, their performance shall not
give rise to the replacement of employment services inherent to job posts.
2. If students join the collaborating entity's workforce at the end of their course, the
placement time is not included in calculations of service time nor does it exclude
them from trial periods, unless the possible applicable collective agreement expressly
stipulates a differing aspect.
Six. Monitoring Committee
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1. Where applicable, a monitoring committee shall comprise two representatives
from the UIB and two representatives from the collaborating entity.
2. The monitoring committee shall coordinate the relationship between the UIB and
the collaborating entity indicated in the performance of this agreement. In turn, it
shall resolve interpretation and compliance issues that may arise with regard to the
present agreement.
3. In any event, before submitting disputes before ordinary legal bodies, where
applicable, conciliation by said committee shall be attempted.
Seven. Data Protection
The UIB has registered the UIB Student File with the General Registry of the
Spanish Data Protection Agency under code 2102791435, the purpose of which is
student academic and administrative management.
The UIB guarantees the rights set out in current legislation regarding personal data
protection and applies medium-level safety measures to the file.
Students may exercise their rights to access, rectify, cancel and oppose the file before
the Secretary General (Registrar) of the Universitat de les Illes Balears.
Students shall only have access to the personal data required to carry out the service
set out in the agreement. Students are obliged to refrain from disclosing and to keep
in the utmost confidentiality any personal information and data to which they have
access in compliance with this contract and to solely supply them to those persons so
authorised by the company/entity.
Eight. Validity and Duration
The present agreement shall come into effect from the date it is signed and be valid
until the end of the academic year. It shall be automatically renewed by academic
year unless notice of termination is given. The notice of termination should be
carried out two months in advance.
Either of the parties may dissolve the agreement as long as they notify the other
party. This should be done at least six months before the planned date for this.
Termination of the present agreement shall not affect the performance of the external
placements that students are already undertaking.
Nine. Applicable Regulations
For all those aspects not set out in this agreement, Royal Decree 592/2014, of 11 th
July, and Royal Decree 1493/2011, of 24th October, as well as the UIB placement
regulations (FOU no. 405, of 17th October 2014) shall apply. These govern the
management of external placements for university students and, in the case of
external placements for postgraduate students, the agreement of the Board of the
Centre for Postgraduate Studies of 16th January 2013 whereby the Regulations for
External Placements on Official UIB Postgraduate Programmes are established.
Ten. Conflict Resolution and Competent Jurisdiction
Disputes that arise from the interpretation, modification, implementation and effects
that may occur during the application of the present agreement shall be resolved by
the monitoring committee set out in point six. If the parties fail to come to an
agreement, they will submit disputes to the contentious-administrative legal bodies in
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Palma de Mallorca, expressly waiving any other jurisdiction that may correspond to
them.
Eleven. Designations
All the designations of governance bodies, representation, posts, duties and members
of the university, as any that appear in this agreement, shall be understood to refer to
both male and female gender indistinctly.
In witness whereof, for each and every one of the points set out in this agreement,
both parties sign in duplicate in the location and on the date indicated in the header.
On
behalf
of
company/entity,
'vcompanyrepresentative'
the
On
behalf
of
the
Universitat de les Illes
Balears,
Margalida Payeras
Pro Vice-Chancellor for
Student and Graduate
Affairs and Employment
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APPENDIX 1. SPECIFIC CONDITIONS
TYPE I: CURRICULAR PLACEMENTS
One. Description
These are governed and tutored academic activities that are part of the course
curriculum. They may be offered on those undergraduate and postgraduate courses
that have included them on their course curriculum.
Two. Student Requirements
Those set out in their course curriculum. They should be registered on the
undergraduate or postgraduate external placement subjects and comply with the prerequisites for these subjects.
One. Administrative Unit responsible for Placement Management
The processing and management of the agreement and the placements shall be
performed by the respective faculties / schools / Centre for Postgraduate Studies /
Doctoral School at the UIB where the programmes are affiliated.
Four. Student Selection
This shall be carried out by the bodies assigned for this purpose in accordance with
the regulations at the UIB faculties / schools / Centre for Postgraduate Studies /
Doctoral School where the programme requested by the company/entity is affiliated.
Five. Evaluation
The evaluation of students on curricular placements shall be carried out by the UIB
tutor in coordination with the tutor at the company/entity, in accordance with
established UIB procedures and with what is set out in the teaching guide for the
course curriculum of the corresponding external placement subject.
Once the external placements have finished, the UIB shall issue an accreditation
document that shall contain at least the aspects set out in article 14.4 of the UIB
placement regulations.
Six. Conditions: Duration, Period and Schedule
Duration: as set out in each course curriculum and the corresponding subject
programme.
Period: the placements shall be carried out as set out in the degree course curriculum.
Schedule: this shall be specified in each specific instance and be authorised by the
supervising centre. In general terms, and except for those instances where the course
curricula or educational cooperation agreements for extracurricular activities set out
the performance of intensive placements, the maximum number of daily placement
hours a student may do in a teaching period is 5. In non-teaching periods, the daily
total may be increased to 7 hours, bearing in mind that if there is a course grant or
allocation, the proportional increase shall also be applied.
In exceptional circumstances, the duration and schedule may be organised according
to what is set out in article 21 b of the UIB placement regulations.
Seven. Study Assistance
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No obligatory remuneration is planned for these placements. Nevertheless, students
may accept any compensatory assistance method that is compatible with their status
as a student on a placement. The company/entity may provide remuneration in the
form of a study assistance grant.
Eight. Insurance
Students shall be covered for accidents, illness or family misfortune by a student
insurance policy as per the terms and conditions set out in current legislation.
Students who are over the age of 28 shall be covered by the UIB health insurance
policy. Civil liability for third-party damage that may be caused by students on
placements is covered for all UIB students through the policy the university has for
said purpose. Nonetheless, if the placements take place in the United States, Canada,
Mexico or in countries that are governed by the laws of the latter, and/or involve
high-risk placements, a specific insurance policy for each instance shall be required.
In turn, the company/entity needs to apply for registration at the Social Security
office for the students if placements are remunerated and the aforementioned Royal
Decree 1493/2011 applies to them.
Finally, the measure set out in additional provision twenty-five of Royal Decree Act
8/2014, of 4th July, regarding urgent measures for growth, competitiveness and
efficiency that establishes a one hundred per cent discount for Social Security
contributions for external curricular placements for university and vocational training
students should be taken into account.
Nine. Accreditation
Placements have assigned credits and work-hour equivalency at the company/entity
in accordance with the corresponding subject programme on the course curriculum.
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TYPE II: EXTRACURRICULAR PLACEMENTS
One. Description
These are placements undertaken voluntarily by undergraduate and postgraduate
students during their course programme and which, despite not being included on the
course curricula, are also aimed at promoting the acquisition of skills that prepare
students for professional activities, favouring their employability and developing
their entrepreneurial skills.
Two. Student Requirements
Being registered on the UIB programme that offers the placements.
Having passed 50% of the necessary credits to obtain the degree they are taking. For
one-year programmes as a minimum, being registered.
Having a Social Security number.
Being registered at the Careers Guidance and Placement Department (DOIP) and
entered in the DOIP Virtual Universitarios application.
Three. Administrative Unit responsible for Placement Management
The DOIP is responsible for processing the collaboration agreement and placement
management.
Four. Period, Duration, Renewal and Schedule
1. Placements may be undertaken during the academic year, in line with the dates
shown on the academic calendar published in the corresponding Full Oficial de la
Universitat de les Illes Balears (Official Gazette).
2. The duration of the placements may not exceed 650 hours per academic year and
must as a minimum run to 80 hours. For those running less than 650 hours, the
company/entity may request renewal of the agreement in writing so as to reach the
maximum permitted. A student may undertake a placement during three academic
years at most, with a maximum placement hours of 1,300 in total.
3. The maximum number of placement hours per day is 5. The aim here is for
students to be able to combine studying with a paid placement. Nonetheless, during
non-teaching periods, said schedule may be increased to a maximum of 7 hours per
day with the corresponding increase in financial assistance.
4. In exceptional circumstances, the duration and schedule may be organised
according to what is set out in article 21 b of the UIB placement regulations.
Five. Student Selection
The DOIP will carry out candidate pre-selection at the company/entity's request
based on the required profile. The company/entity will then make the final selection.
Six. Study Assistance
The company/entity will pay the amount stipulated for each placement post every
month to the selected student in the form of a study assistance stipend. The minimum
amounts are those indicated by the DOIP and published on its website.
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Seven. Insurance
Students shall be covered for accidents, illness or family misfortune by a student
insurance policy as per the terms and conditions set out in current legislation.
Students who are over the age of 28 shall be covered by the UIB health insurance
policy. Civil liability for third-party damage that may be caused by students on
placements is covered for all UIB students through the policy the university has for
said purpose. Nonetheless, if the placements take place in the United States, Canada,
Mexico or in countries that are governed by the laws of the latter, and/or involve
high-risk placements, a specific insurance policy for each instance shall be required.
Students will be included in the general Social Security register in accordance with
Royal Decree 1493/2011, of 24th October. The company must apply for registration
at the Social Security office, in line with the aforementioned provisions in the Royal
Decree.
Eight. Accreditation
These placements may be subject to accreditation by the Credit Transfer and
Recognition Committees, in accordance with what is set out in article 1.4.b) of the
UIB placement regulations and in line with what is set out in the corresponding
course curricula in the procedure established by University regulations.
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AGREEMENT NO. 'vagreementno.'
APPENDIX NO. 'vappendixno'
APPENDIX 2. UNDERGRADUATE AND POSTGRADUATE CURRICULAR
AND EXTRACURRICULAR PLACEMENT PLAN FOR OFFICIAL AND UIBSPECIFIC PROGRAMMES
Mr / Ms 'vuibtutorname', with e-mail 'xxxxxxx', telephone number 'xxxxx',
designated to be the academic tutor of the present external placement programme
between the University and the company/entity 'vcompanyname'.
Mr / Ms 'vcompanytutorname', with e-mail 'vfetutoremail', designated by the
company/entity 'vcompanyname', headquartered in 'vcompanytown', at
'vcompanyaddress', telephone number 'vcompanytelephone', as the tutor for the
present external academic placement programme 'placementype' between the
University and the company/entity 'vcompanyname'.
The student 'vinternname', ID no. 'vinternID', registered on the course 'vinterncourse'
at this university, residing at 'vinternaddress' in 'vinterntown', telephone no.
'vinterntel' 'vinterntel2' 'vinternmobile' - 'vinternemail'
State, in the event that the present appendix is signed referring to external placement
agreement number 'agreementno' between the University and the company
'vcompanyname', that the placement plan the student must undertake is as follows:
1. Description of the placement to be undertaken by the student:
'vjobdescription'
2. Location where the placement will take place:
'vworkplace'
3. Period during which the placement will take place:
'vworkperiod'
4. Total number of hours in this period:
'vhours'
5. Schedule:
'vschedule'
6. Where applicable, the company/entity will pay the student the following
amount: 'vgrantamount' €, subject to 2% income tax deduction, as a study
assistance stipend, which will be paid monthly.
Companies must apply for the student undertaking the placement to be
registered at the Social Security office, where Royal Decree 1493/2011 applies, in
accordance with the provisions in this regulation.
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7. Specific knowledge the student must possess to undertake the placement:
'vSpecificKnowledge'
8. Training to be acquired by the student undertaking the placement:
'vacquiredtraining'
9. Planned monitoring and guidance method for the student during the
placement:
'vPlannedMonitoring'
10. The characteristics of this placement are governed by the UIB placement
regulations.
For curricular placements, what is set out in the specifications of the course
curriculum regarding the external placement subject should also be established.
11. The UIB, company/entity and student undertake to comply with the
respective obligations described and set out in chapter II of section II of
the UIB placement regulations.
12. The validity of the placement is one academic year (within the stated
period). Early termination of the placement, which may be requested by
the any of the parties, shall be justified as per what is set out in the UIB
placement regulations when any of the following circumstances arises:
 Termination of activities by any of the parties.
 Justified circumstances that impede the performance of the scheduled
activities.
 Mutual agreement between the parties.
 Failure to comply with the agreement by any of the parties.
 Specific resignation by the student or by the company.
13. The company/entity undertakes to comply with current regulations in
terms of occupational hazard prevention and to provide the student with
identical protection resources as those required by any other worker.
14. If the present programme regards an extracurricular placement, in order to
request any modification to the conditions (renewal, termination, change
in hours, change of tutor, etc.), the company/entity shall make the request
in writing or by e-mail to the DOIP, who shall authorise or refuse it via email.
15. The fact that the company/entity signs the present agreement does not
mean any other commitments are taken on other than those stipulated. In
accordance with applicable regulations, the relationship between the
student and the company/entity is not an employment relationship.
16. For extracurricular placements, failure to attend due to general illness
which is duly justified and does not represent over 15 non-consecutive or
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5 consecutive calendar days in the overall calculation of workdays cannot
be recovered.
On the days where students need to sit official examinations for their course,
the company/entity undertakes to provide them with the full day off, although
the placement schedule does not coincide with the examination time or
assessment test.
In the case of extracurricular placements, students may have 5 nonrecoverable hours to fulfil an unavoidable public or personal obligation for
every 200 placement hours, as long as the placement runs for at least 3
months, and the student provides advanced, justified notice to the company
and, where applicable, the DOIP.
17. Comments:
'vcomments'
Palma, 'vdatecatalan'
The tutor assigned by the
company/entity,
Approved
The tutor assigned
by the UIB,
The student,
'vcompanytutorname'
'vuibtutorname'
'vinternname'
In accordance with what is set out in Organic Law 15/1999 on Data Protection, the person concerned accepts
that his/her personal data, as well as those that may be provided in the future, be incorporated into a file
owned by 'vcompanyname', headquartered at 'vcompanyaddress', 'vcompanytown'. These data have been
collected by the company to be able to comply with the agreement with the University. The person concerned
may exercise his/her rights recognised in the Law and, specifically, those relating to access, rectification,
cancellation and opposition in a letter that may be sent to the registered office of company at the address
provided. The person concerned is obliged to refrain from disclosing and to keep in the utmost confidentiality
any personal information and data to which s/he has access, as well as the tasks performed in compliance
with this contract and to solely supply them to those persons so authorised by 'vcompanyname'. The person
concerned shall only have access to the personal data required to carry out the service set out in the
agreement.
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