AGREEMENT FOR THE COOPERATION IN EDUCATION BETWEEN
THE COMPLUTENSE UNIVERSITY OF MADRID
AND
(COLLABORATING ENTITY)
In Madrid, on the (day) of (month), (year).
This Cooperation Agreement is made by and between Ms. Lucila Finkel Morgenstern, as the Rector’s Delegate for Continuing Education, External Internships, and Employability, acting in the name of and on behalf of the Complutense University of Madrid (hereinafter UCM), pursuant to the authority granted by the Rector in the Rectoral Resolution of June 16, 2015 and published by the Official Gazette of the Madrid Autonomous Community on July 31, 2015.
(in the event the representative acts on behalf of a company)
And, Mr./Ms. (name), (position), acting as the legal representative of (name of the company), (hereinafter, short name if applicable], with Tax Identification Number (number) and registered address at (street, number, zip code, city).
(in the event the representative acts on behalf of a public entity)
And, Mr./Ms. (name), (position), acting in the name of and on behalf of (name of the institution), with Tax Identification Number (number), pursuant to the authority granted by (appointment details).
Both parties to this agreement recognize herein the legal capacity of all those intervening as representatives and represented individuals, companies and entities, as explained above, to execute this Agreement and hereby state as follows:
WHEREAS
I.-
Aims of the UCM.
The UCM aims to bring academic training closer to the surrounding social and professional reality by creating relationships with external institutions so that students can complete their education through a period of practical training, in which they can put into practice the theoretical knowledge acquired.
II.
Statutory aims of (collaborating entity)
(Collaborating entity) aims to (detail of the statutory purposes of the company/institution)
III.-
Applicable Law
Royal Decree num. 1393/2007, of October 29 (published in the BOE on October 30), as amended by Royal Decree num. 861/2010, of July 2, regulating official college degrees, and Royal Decree 1791/2010, of December 30 (BOE, December 31), approving the Statute of the University Student, allowing the option to include external internships to the curriculum.
Royal Decree num. 592/2014, of July 11, regulating external internships to be fulfilled by college students. (BOE July 30).
Law 40/2015, of October 1, on the legal system of the public sector, which in its Chapter VI regulates the agreements adopted by the government, public bodies and public entities linked or dependent or public universities together or with private actors for a common purpose.
UCM Regulation of External Academic Internships, passed by the Governing Council on February 28, 2017, as published by BOUC on March 10, 2017.
Continuing Education Regulations, passed by the Governing Council on November 18, 2004 as published by BOUC on January 27, 2005, and Non-official Degrees Regulations, passed by the Governing Council on March 27, 2012, as published by BOUC on April 18, 2012 and partially amended in a Resolution by the Governing Council on September 23, 2014 (BOUC, October 3, 2014).
UCM requirements for the Final Project for their Degree (BOUC, July 30, 2012), amended in a Resolution by the Governing Council on September 23, 2014 (BOUC, January 3, 2014) and the requirements for the Elaboration and Public Defense of the Final Project of the Master’s Degree (BOUC July 27, 2016), or any other regulation that might be applicable.
CLAUSES
FIRST.- PURPOSE OF THE AGREEMENT.
The purpose of this Agreement is to regulate the conditions for UCM students doing external internship programs, or the completion of a Final Project for their Degree/Master’s (hereinafter TFG/TFM) with regards to any education program offered by UCM, both official and non-official, according to the specific conditions relevant for each category, as established by their curriculum, in (Collaborating Entity).
SECOND.- GENERAL CONDITIONS OF THE AGREEMENT.
A. OFFER FROM (COLLABORATING ENTITY)
(name of collaborating entity) shall offer internship positions in the frequency and quantity as it shall deem appropriate, and describe the specific conditions offered for each position.
B. CATEGORIES OF EXTERNAL INTERNSHIPS.
The external internships shall be either part of the curriculum or extracurricular.
a) The curriculum internships are established as the academic activities that are part of the relevant Curriculum.
b) The extracurricular internships are those that students may do on a voluntary basis during their education and that are not part of the official Curriculum, even though they share the same goals as the curriculum internships. Notwithstanding, when applicable, they shall be included in the European Diploma Supplement, pursuant to the applicable legislation.
C. DURATION OF INTERNSHIPS.
a) The external curricular internships shall have the duration established by their curriculum, pursuant to the terms established by provision 12.6 of Royal Decree 1393/2007 of October 29 regulating official college degrees.
In the case of Non-official degree internships, their duration shall be determined by the training activity proposal approved by the corresponding Commission.
b) The external extracurricular internships shall preferably have a duration of not more than 50% of the academic year, notwithstanding what the Universities shall establish, while maintaining the suitable progress of the academic activities performed by the student.
D. FULFILLMENT AND COMPLETION OF THE INTERNSHIPS AND TFG/TFM.
1. The timetable for the internships or the TFG/TFM will be established according to their characteristics and the availability of the collaborating entity. The timetables shall be compatible with the academic, educational, representation and participation activities of the student at the UCM. With respect to the duration of the internships, these will not exceed the maximum limit established in the applicable regulations.
2. Students will have to abide by the internal rules of (collaborating entity) and follow the directions received by the person in charge. The students shall perform the assigned tasks diligently, and for that purpose they will observe professional secrecy during their stay and once it has concluded. In case of absence, the student will be required to provide a justification to the responsible UCM centre. The rules for leaves of absence will be agreed on by the tutors of both parties.
3. Either party will be allowed to terminate the internship under duly justified circumstances. If the collaborating entity deems it appropriate, the UCM will arrange for the admission of a new student who will start his or her internship as soon as possible.
4. In the event that any of the signatory parties to this agreement, or the students, desire to use the partial or final results of their activity at the collaborating entity, either partially or totally, in an article, conference, thesis, memoir, etc. they shall request in writing the approval of the other party, who shall respond with authorization, reservations or disapproval in less than 45 days. If no reply is received in this period it shall be understood that a tacit authorization for dissemination has been granted.
In any event, in both publications and patents, the authors of the work will always be mentioned, and for patents they will designated as the inventors.
E. THIRD PARTY CIVIL LIABILITY AND ACCIDENTS INSURANCE.
Every UCM student registered for any of the official or non-official degrees is covered by third party civil liability insurance.
This School Insurance will cover students under 28, who are registered for the official studies of each of the UCM centres and are up to date in their tuition payment. The coverage period shall be the academic year. The coverage is valid for Spanish territory, according to the principle of territoriality established in the General Social Security Act.
For students over 28 or those registered for the UCM non-official degrees, the Entity Responsible for the Degree shall make sure that the student is covered by an accident insurance policy and any other polices that may be required by law.
In the event that the internship is completed outside of Spanish territory, the UCM, through the applicable entity, shall make sure that the student is covered with medical and repatriation insurance.
F. STUDENT FINANCIAL AID.
(collaborating entity) may provide for a monthly stipend or student aid. In no case will such aid shall be considered a salary or remuneration for the activity, since no contractual relationship exists.
G. APPLICABLE LABOUR LAW.
It shall apply the provisions of Royal Decree 1493/2011, of October 24, (published in the BOE on October 27), regulating the terms and conditions by which the participants of internship programs funded by public or private entities or organisms, are to be included in the General Social Security Plan, as well as “Additional Provision number 26 of Law 18/2014 of October 15, approving urgent measures for growth, competitiveness and efficiency”, by which a special credit is granted for Social Security contributions for external internships to be fulfilled as part of the curriculum by college and vocational education students.
The participation of the (collaborating entity) in the internship program shall not imply any other obligations beyond those stipulated in this Agreement. Given the educational status of the external academic internship, the performance of the internship shall in no case give rise to any obligations related to an employment contract and the program cannot be used as a substitute for regular job positions.
In addition, and in the event that the student joins the staff of the collaborating entity at the end of his or her studies, the internship period shall not be counted for the purposes of seniority within the company, nor shall it serve as the trial period, except when the applicable collective agreement expressly stipulates otherwise.
When the internship takes place in Public Agencies, Public Entities and any other Public Institution, it shall not be considered for merit points when opting for public employment, nor shall it count toward seniority or be considered a recognition of previous services.
THIRD.- OBLIGATIONS OF UCM (THROUGH THE RELEVANT UCM CENTER OR ENTITY IN CHARGE OF THE ACADEMIC DEGREE).
1. Create, for each intern, an Addendum to this Agreement (based on the template attached hereto) including the following information: student personal data, degree, start and finish dates of the internship, entity where the internship will take place, calendar and timetable, as well as the name of the academic tutor and the tutor at the collaborating entity. In addition, the Student Addendum shall include the education program, which shall include the explanation of the education goals and competences to be attained by the student, and the training activities that they will complete. The entity responsible for the degree will resolve any questions that may arise during the completion of the internship or the TFG/TFM.
2. Appoint an academic tutor, who will monitor the correct development of the education program, and will work with the tutor at the collaborating entity regarding any related issues or those functions establish by regulations.
3. May propose the appointment of the designated internship tutor from the Collaborating entity to be recognized as honorary “External Internship Collaborator”, pursuant to the conditions established by the UCM Governing Council. The responsible person at the relevant UCM centre will be in charge of handling the administrative aspects for this recognition. The centre shall then communicate the proposal to the Office of the Vice Rector.
FOURTH.- OBLIGATIONS OF (COLLABORATING ENTITY)
1. Allow the students to be able to sit for their exams, since the entity is collaborating with a university training program.
2. Appoint a tutor, who shall be responsible for the training of each student and for the assessment of their stay, providing to the academic tutor or responsible person of the internship at the corresponding UCM center where the student is registered the final report on the internship performance of the student, which will have to state the amount of time spent at the internship, total hours and work performed.
3. In the event of stays for the completion of the TFG/TFM, the student must have a responsible person or tutor in (collaborating entity) who will act collegially with his tutor at the University, always with the approval of the appropriate Commission's Degree or Master’s Coordinator and in accordance with the general rules of TFG / TFM and the specific regulations adopted for the degree. At the end of the TFG/TFM, the tutor will issue a reasoned report and will forward it to the Commission's Degree or to the Master’s Coordinator.
4. States that is able to provide with the required resources and services in order to allow for the completion of the planned training activities, in observance of all criteria related to universal access and design for all people, as established by Royal Decree 1/2013 of December 2nd, which approves the Consolidated Text of the General Law on rights of persons with disabilities and their social inclusion.
5. Comply with and enforce compliance of the relevant Health and Safety rules established by the selected work centre, and inform, train and make sure that the students comply with and respect those rules.
FIFTH.- DATA PROTECTION, TRANSPARENCY AND CORPORATE IMAGEN
With regard to personal data, in the fulfilment of their activities pursuant to this Agreement both entities shall comply with the mandatory provisions of the Data Protection Act num. 15/1999 of December 13, and Royal Decree 1729/2007 of December 21, which approves the Regulations for implementing Act 15/1999.
This Agreement is governed by article 8.1.b) of Act num. 19/2013 of December 9, the Transparency, Access to Public Information and Good Governance Act.
The UCM authorizes the collaborating institution to use the logo solely for the actions subject to this agreement.
SIXTH.- DURATION AND TERMINATION OF THE AGREEMENT
The duration of this Agreement shall be five years and shall become effective on the day of its signature. It may be extended with the express agreement of both parties, which shall be executed in writing one month prior to its expiration.
This agreement repeals any internship agreements signed previously with the same entity.
Any party may terminate this Agreement with prior notice to the other party one month in advance of the desired termination date or the relevant extension date.
SEVENTH.- DISPUTES.
Any disputes arising with respect to the interpretation, development, amendment, resolution, and effects related to the application of this Agreement, shall be resolved by agreement between the parties concerned, and in the event that no agreement is reached, the disputed issues shall come under the jurisdiction of the relevant Contentious Administrative Court.