What happened?
According to El Mundo, The Spanish Labour Inspectorate has imposed a €5 million sanction on the Andalusian regional government for failing to register foreign language assistants in the Social Security system.
These assistants, mainly university students or recent graduates from countries such as France, Germany, the UK, and the US, are sent to Spanish public schools each year through a national program managed by the Ministry of Education. They provide support in foreign language classes across the country, including in Andalusia.
Who organizes the program?
The Language Assistant Program (Programa de Auxiliares de Conversación – PAC) is organized by Spain’s Ministry of Education, Vocational Training, and Sports, under bilateral cooperation agreements with various countries. Each year, the Ministry assigns a number of assistants to each autonomous community.
Although the selection and distribution of participants are handled at the national level, the funding for accommodation and subsistence allowances (typically €800/month from October to May) is the responsibility of the regional governments.
Why is there a fine?
According to the Labour Inspectorate, the foreign assistants are performing functions that should be considered employment, and therefore, they must be registered in the Social Security system. Additionally, there are concerns related to immigration laws, especially for non-EU nationals, since their presence in Spain is not supported by a valid work permit.
Based on these findings, the Inspectorate has proposed two fines: one of over €4 million for a serious infraction related to immigration, and another of nearly €1 million for unpaid Social Security contributions.
Andalusia’s response
The Andalusian government argues that it is not responsible for the legal status or employment classification of the assistants. In their official statement, the regional Department of Education emphasizes that it is the Spanish government that negotiates international agreements, designs the program, and manages the selection and arrival of the participants.
They claim the assistants are not employees, but rather cultural exchange participants receiving a stipend.
According to the Junta, the program is not intended to establish an employment relationship. Assistants are expected to support classroom activities under the supervision of a qualified teacher and are explicitly not allowed to perform tasks such as grading, lesson planning, or student evaluation. Therefore, the stipend is considered a grant, not a salary.
Who holds the responsibility?
The Junta de Andalucía insists that any responsibility for work authorization or Social Security affiliation should fall to the central government. They argue that since the Ministry of Education selects and places the assistants, and the Ministry of Foreign Affairs oversees their entry into Spain, the regional government cannot be held accountable for employment law compliance.
Impact on the future of the program
In the 2024–2025 academic year, 1,800 language assistants were placed across schools in Andalusia. The current sanction stems from an investigation limited to the province of Seville. If the same criteria were applied across the rest of the region, the total financial impact could be much greater.
Due to the legal uncertainty, Andalusia has informed the central government that it will not sign a new agreement for the upcoming school year unless the legal status and responsibilities around the program are clarified. The regional government also accuses the Ministry of Labour of launching a “general attack” against a program designed by another part of the same national government.
A conflict of coordination between ministries
Carmen Castillo, Andalusia’s Minister for Education and Vocational Training, has called out the lack of coordination between the Ministry of Labour, Ministry of Education, and Ministry of Foreign Affairs. She expressed concern over what she described as institutional disloyalty and warned that without clear legal guidelines, no new assistants would be accepted in the region’s schools.
Conclusion
This situation highlights a broader issue of legal ambiguity and lack of inter-ministerial coordination in Spain’s management of international exchange programs. While the Language Assistant Program is intended to promote cultural and linguistic exchange, its legal classification and treatment under labor and immigration law remain contentious. Until clearer national guidelines are established, the future of the program in regions like Andalusia remains uncertain.
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