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 at the Universitat de les Illes Balears (hereinafter, the UIB), Professor Rosa Isabel Rodríguez Rodríguez, on behalf of the Vice Chancellor of the UIB, the Honourable Mr Llorenç Huguet Rotger, through the agreement of the Executive Council dated 20th June 2017, 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.
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.
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. The corresponding appendix (2A, 2B or 2C) shall be signed before the placements begin, according to the placement type students must undertake, which shall state: the placement method and specific conditions of each placement plan. This appendix shall be signed by the company/institution tutor, the UIB tutor and the student. Notwithstanding this, for those degree curricular placements where the curriculum sets out curricular placements in more than one academic year or which have a group nature, the faculties or centres responsible for these degree courses shall determine the appendix template stating the placement method and the specific conditions for each placement curriculum.
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
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. Occupational Hazard Prevention
The company/institution undertakes to comply with current legislation regarding occupational hazard prevention, to inform students about the hazards to which they are exposed during the placement and to provide them with the same means of protection as those required for any other worker at the company or institution. In turn, students undertake to respect the operating, security and hazard prevention regulations at the company/institution.
Nine. 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.
Ten. Applicable Regulations
For all those aspects not set out in this agreement, Royal Decree 592/2014, of 11th 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.
Eleven. 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 Palma de Mallorca, expressly waiving any other jurisdiction that may correspond to them.
Twelve. 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 the company/entity,'vcompanyrepresentative' / On behalf of the Universitat de les Illes Balears,
Rosa Isabel Rodríguez
Pro Vice-Chancellor for Student
1
Diligence
The present agreement template (ref. 3379) was approved by the Executive Council on 13th December 2016 and ratified by the Governing Council on 20th December 2016, in accordance with what is set out in articles 24.2.24 and 147.2 of the Statutes of the University of the Balearic Islands, approved by Decree 64/2010 on 14th May (BOIB no. 76 of 22nd May).
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 pre-requisites for these subjects.
Three. 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
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.
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.