The Labor Inspection rules out that there is evidence that the internships carried out by the Mexican trainees of the musical Malinche, by producer Nacho Cano, implied “a covert employment relationship”, since “they have been aimed at completing theoretical training.”
This appears in the report of the Labor Inspection, dependent on the Ministry and to which EFE has had access, which was sent to the court investigating Nacho Cano for an alleged crime against workers’ rights.
The report details the entire investigation carried out since on June 27, 2024, the Labor inspectors went, at the request of the National Police, to the parish where the scholarship recipients of the Nacho Cano show were rehearsing.
The complaint of an intern
The Police were investigating whether, as reported by one of the Mexican scholarship recipients of the musical, there were irregularities in the way in which these young people arrived in Spain and worked here, in a case for which the Investigative Court number 19 of Madrid opened at the end of July. a criminal procedure against Nacho Cano and three other people for the alleged illegal hiring of immigrants for his show.
The Inspection sent its report to the court on the 25th and in it describes how this inspection was carried out in the parish and how documentation about the scholarship recipients, their teachers and the company was identified and requested.
The company provided work contracts for the cast of artists, the registration document of 17 scholarship recipients and another that certifies the financial resources granted to them, 8,400 euros that remained in Malinche The Musical Spain SL’s own bank account because, They say, “the scholarship recipients lacked a bank account in Spain.”
“There is no evidence”
The report, of about 20 pages, concludes that “there is no evidence that indicates that the practices developed by the interns in the aforementioned company imply a hidden employment relationship in accordance with article 1.1 of article 1.1 of the Workers’ Statute, but rather that said practices have “have been aimed at completing the theoretical training of the scholarship recipient.”
And remember that an additional provision of the General Social Security Law establishes the inclusion in the Social Security system of students who carry out training practices or external academic practices included in training programs.
However, this provision does not include Malinche scholarship recipients, “since these students carry out non-regulated training, not included in the educational system, so the inclusion of scholarship recipients in the Social Security system is not necessary.”
The report maintains that “the scholarship recipients are not under the scope of organization and direction of the businessman, to obtain a performance that results in obtaining fruits for the musical development of Malinche in Madrid.”
It concludes that the 17 scholarship recipients carry out non-labor internships in the company Malinche The Musical Spain SL, “since it has not been possible to verify their provision of paid services on behalf of others to the company, nor the occupation of a job that the company needs. cover with salaried personnel.”
The prosecution is suspicious of these documents
Prosecution sources are suspicious of these documents and will request that they be provided with the internship agreement of these students, which should give them legal coverage.
Precisely, the scholarship recipient of the musical who denounced Nacho Cano and gave rise to a judicial investigation for alleged crimes against the rights of foreigners and workers will testify on the 4th before the magistrate handling the case, for the first time and in the which will be the first relevant appearance in the case.
The head of the Investigative Court number 19 of Madrid has summoned this Mexican student, Lesly Guadalupe OF, that day at ten in the morning to testify as a complainant/injured person.