The worker-student status is enshrined in law, providing rights and responsibilities and offering flexibility at work.
This status is applicable to all levels of education, including postgraduate, master’s, or doctoral courses, as well as those attending vocational training or temporary youth occupation programs lasting at least six months.
The special status also applies to employees and self-employed workers, as detailed in an article shared on the DECO PROteste website.
To clarify the matter, four questions and answers on this topic are provided below:
How to apply for the status?
To apply, a document from the educational institution proving enrollment and the schedule is required. At the end of the year, proof of satisfactory academic performance must also be shown.
At the place of study, one must verify their worker status, for example, through an employer’s statement and proof of registration with Social Security.
How is the status lost?
To maintain worker-student status, one must achieve satisfactory results in at least half of the subjects. Otherwise, the individual will lose rights related to schedules, vacations, and leave for the following year.
Other rights cease if satisfactory results are not achieved for two consecutive years or three non-consecutive years, except for reasons such as parental leave, adoption for no less than a month, pregnancy risk or prolonged illness, work accidents, or occupational disease. The loss of status is not irreversible and can occur up to twice.
What are some of the rights?
Rights include the ability to take two days off for exams or preparing written or oral presentations, with the days including the exam date and the day before, which encompass weekends and holidays.
If exams occur on consecutive days or multiple assessments on the same day, one can take as many days off beforehand as there are assessments. In total, there is an entitlement to four days per academic year per subject.
Permission from the employer is not required for absence, yet the student must inform them at least five days in advance and provide proof of the exam.
One may request up to ten unpaid leave days per year, either consecutively or not. The notice period varies: 48 hours for one day, eight days for two to five days, and 15 days for more than five days.
An appropriate schedule should be chosen to align with professional obligations. However, the company is expected to adjust the work schedule to fit schooling, and if not feasible, it must allow up to six hours per week off for classes, dependent on working hours. Those working 20-29 hours weekly are excused up to three hours; 30-33 hours, up to four hours; 34-37 hours, up to five hours; and 38 or more hours, up to six hours. The employer may request proof of class attendance.
What if working in shifts?
For shift workers, there is a preference for choosing work hours to attend classes. Generally, overtime cannot be demanded of a worker-student. However, if the company can justify the need for additional labor due to force majeure circumstances, it may require it. Whenever supplementary work is performed, the individual is entitled to rest for a period equivalent to half of the overtime hours worked.
