AGREEMENT MODEL FOR IMPLEMENTING UNDERGRADUATE
EXTERNAL CURRICULAR PRACTICAL PLACEMENTS
(Bachelor’s degree and general degree)
Palma,
BETWEEN
Mr/Ms ...., acting on behalf of ....... (hereinafter, also, the collaborating enterprise),
located in street ..., nº. ..., Post Code... [town/city], and with TIN..., pursuant to ...
And [the dean of the Faculty of / the director of the School] of the University of the
Balearic Islands (UIB), [Mr/Ms] (Resolution XXX/201X, of XX XX 201X — FOU nº.
XXX, dated X XXX), by delegation of the Rector of the University of the Balearic
Islands, pursuant to Resolution 10148/2012, of 1 February 2012 (FOU nº. 360, dated 17
February).
Both parties mutually acknowledge sufficient authorization to sign this agreement, and
as such
EXPOUND
I. That the University students’ Statute, passed by Royal Decree
1791/2010, dated 30 December, acknowledges, in article 8, the right of undergraduates
to «have the possibility of carrying out curricular or extracurricular practical
placements, which could be done in external entities or at the university centres,
structures or services, according to the planned modality and guaranteeing their
educational purpose» (section f) and «to have effective academic and professional
supervision [...] during the external practical placements that are planned in the
syllabus» (section g). Besides, article 24 of these Statutes regulates external academic
practical placements, their typology and general characteristics, as well as the length of
their implementation for all students enrolled on any degree course taught by the
universities or centres that are affiliated.
II. That Article 1.1 of Regulatory Agreement 10336/2012 of 8 June, which approves the
management regulations for external practical placements for students of the UIB in
companies, organisations or institutions, sets forth that external academic practical
placements are an educational activity carried out by UIB students and supervised by
the UIB. The aim of such practical placements is to enable students to apply and
complement the knowledge acquired in their academic training and to promote the
acquisition of skills that will prepare them to carry out professional activities, help their
integration into the job market and promote their entrepreneurial capacity.
III. That the University Statutes, in article 147.1, establish that the UIB will promote an
appropriate policy of agreements with institutions and enterprises.
IV. Their interest in developing this collaboration agreement between both parties in
connection with the implementation of external curricular academic practical
placements for undergraduates.
For all the foregoing, the parties
HEREBY AGREE
First. Aim of the agreement
The aim of this agreement is to develop the regulation of external practical placements
of UIB students.
External academic practical placements are curricular: configured as academic activities
integrated in the syllabus.
Second. Purpose of the practical placement
The purpose of the practical placements, pursuant to the provisions of Regulatory
Agreement 10336/2012, is to:
a) Contribute to the overall education of students by complementing their theoretical
and practical learning.
b) Provide knowledge of the appropriate methodology of work for the professional
reality students will have to operate in, by contrasting and applying the knowledge
acquired.
c) Favour the development of technical, methodological, personal and participatory
skills.
d) Obtain practical experience which will favour job insertion and improve chances of
future employment.
e) Encourage the values of innovation, creativity and entrepreneurship.
Third. Regime for students’ external academic practical placements
1. The characteristics of the Practicum for the Degree in ... are regulated by (the
Practicum Guide for Degrees ..., passed by the Board of ...).
2. The curricular practical placements for undergraduates pursuing the degree of
[XXXXXXXXXXX] who meet the requirements set forth in Article 3 of Regulatory
Agreement 10336/2012 shall be regulated by the following criteria:
a) All students enrolled in the subject of Practicum I of the degree [XXXXXXXXXXX]
can do these practical placements, (XX credits), with an equivalence of [XXX]
classroom hours at the centre. The period for the practical placement is between the
months of [XXX].
b) Placement students will carry out the functions typical of the professional profile
corresponding to their degree [XXXXXXXXXXX], in accordance with the practical
work each student must do, in the context of the general organization of the practical
work and under the supervision of the UIB practical tutors and the supervisors of the
placement centres.
All of the foregoing is pursuant to the stipulations of the educational project.
[NOTE: In short, the particular characteristics of the corresponding degrees]
3. Students shall have two tutors: an academic tutor from the UIB and a tutor from the
collaborating entity.
a) The academic tutor shall be a lecturer at the UIB, who will have the rights and duties
set forth in Articles 13 and 15 of Regulatory Agreement 10336/2012.
b) The tutor from the collaborating entity must be a person who is linked to it, with
professional experience and with the necessary knowledge to carry out effective
supervision, who will have the rights and duties established in Articles 9 and 16 of
Regulatory Agreement 10336/2012.
The tutor from the collaborating entity will be entitled to obtain a certificate accrediting
the work carried out.
4. The assessment of each student on placement will be carried out by the UIB tutor, in
concordance with the procedures established by the UIB.
Once the external practical placement has come to an end, the UIB must issue an
accrediting document which must contain, at least, the aspects covered in Article 14.4 of
Regulatory Agreement 10336/2012.
5. Students who do the external practical placements shall be, where necessary, covered
by school insurance and the insurance policies against civil liability and accidents that
the UIB has.
6. Students will be entitled to sit the tests corresponding to the assessment of the degree
they are enrolled in and the collaborating entity has the obligation to grant them the
necessary permission to be able to sit the aforementioned tests.
Fourth. Rights and duties of students on practical placement
During their external academic practical placement, students will have the rights
and duties set forth in Articles 5, 6 and 14 of Regulatory Agreement 10336/2012.
Fifth. Exclusion from an employment relationship
1. Carrying out external academic practical placements, given their educational nature,
shall, in no case, give rise to the obligations of labour relations. What is more, carrying
this out cannot result in the substitution of the work performed in the workplace.
2. Should the student at the end of their degree become part of the staff of the
collaborating entity, the placement time shall not be counted in terms of seniority
neither shall it make them exempt from the trial period, unless otherwise stipulated in
the particular collective bargaining agreement applicable.
3. Students who carry out external academic practical placements are excluded from the
National Social Security System, under the terms set forth in Royal Decree 1493/2011,
of 24 October, which governs the terms and conditions for the inclusion in the National
Social Security System of participants in educational programmes, in furtherance of that
set forth in Additional Clause Three of Law 27/2011, of 1 August, on the updating,
adaptation and modernisation of the National Social Security System.
Sixth. Follow-up Commission
A follow-up commission is created which will be made up of two representatives from
the UIB and two representatives from the collaborating entity. This commission will
coordinate relations between the UIB and the collaborating entity indicated in the
implementation of this agreement.
What is more, this commission will resolve all problems of interpretation and
compliance that may arise regarding this agreement. Before presenting, when
appropriate to do so, the litigation before the ordinary courts, conciliation must be
attempted at the headquarters of the aforementioned commission.
Seventh. Data protection
The UIB has registered the file of undergraduate students in the General
Registry of the Spanish Data Protection Agency, with code 2102791435, the purpose of
which is the academic and administrative management of undergraduate students at the
University of the Balearic Islands.
The University of the Balearic Islands guarantees the rights envisaged in the
current legislation in terms of protection of details of a personal nature and applies the
corresponding medium-level security measures to both files.
Students shall be able to exercise their rights to access, rectify, cancel or oppose
the data before the Secretary General of the University of the Balearic Islands.
Eighth. Validity
This agreement shall take effect as of the date of signature and shall be valid until the
end of the academic year; it shall be automatically renewable for following academic
years should there be no denunciation. Denunciation must be made two months in
advance.
In any event, either party can foreclose providing the other party is informed in advance,
at least six months prior to the expected date to do so.
Foreclosure of this agreement shall not affect students’ external practical placements in
course.
Ninth. Applicable regulations
Any issues not addressed in this Agreement will be subject to that set forth in
Regulatory Agreement 10336/2012, as well as Regulatory Agreement 10715/2013 of 24
July, which approves the application criteria set forth in Regulatory Agreement
10336/2012.
Tenth. Conflict resolution and jurisdiction
Litigation matters arising from the interpretation, modification, development or effects
that may derive from the application of this agreement, shall be resolved by the followup commission provided for in the sixth point. If both parties do not reach an
agreement, litigation matters will be subject to the organs of contentious-administrative
jurisdiction in Palma, with express waiver of any jurisdiction that may correspond to
them.
Eleventh. Names
All the names of the governing bodies, representations, posts, functions and members of
the university community, as any other person who may appear in this agreement with
the masculine form, must be understood to refer indistinctly to the male or female
gender, according to the gender of the person referred to.
As proof of compliance with any and all arrangements detailed in this agreement, both
parties sign it in duplicate at the time and place indicated in the header.
On behalf of,
XXX
XXXX
On behalf of the University of the Balearic
Islands,
XXXX
xxxx
Procedure
This model agreement (ref. 2474) was approved by the Executive
Council on 1 February 2012 and ratified by the Governing Council
on 17 February 2012, in accordance with that set forth in Articles
24.2.24 and 147.2 of the Bylaws of the Universitat de les Illes
Balears, which were approved by Decree 64/2010, of 14 May
(Official Gazette of the Balearic Islands, BOIB, number 76, of 22
May).
The text was revised by the Legal Advisory Service on 31 July 2013,
in compliance with the Executive Council resolution of 30 July
2013.