The Labor Inspectorate excludes that there is evidence that the internships carried out by the Mexican trainees of the musical Malinche, by producer Nacho Cano, involved “a secret employment relationship”, because “they aimed to complete theoretical training “.
This is what emerges from the report of the Labor Inspectorate, dependent on the ministry and to which EFE had access, which was sent to the court in charge of investigating Nacho Cano for an alleged crime against workers’ rights.
The report details the entire investigation carried out since on June 27, 2024, labor inspectors went, at the request of the National Police, to the parish where the fellows of the Nacho Cano show were rehearsing.
An intern’s complaint
The police were investigating whether, as one of the musical’s Mexican grantees reported, there were irregularities in the way these young people arrived in Spain and worked here, in a case for which the court Investigation number 19 of Madrid opened at the end of July, criminal proceedings were opened against Nacho Cano and three others for alleged illegal hiring of immigrants for his show.
The Inspectorate 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 on the scholarship holders, their teachers and the company was identified and requested.
The company provided employment contracts for the casting of the artists, the registration document of 17 scholarship holders and another which certifies the financial resources granted to them, 8,400 euros which remained in the bank account of Malinche The Musical Spain SL because, they say, “the scholarship beneficiaries did not have a bank account in Spain.
“There is no proof”
The report, of around twenty pages, concludes that “there is no evidence which indicates that the practices developed by the interns in the aforementioned company imply a hidden employment relationship in accordance with article 1.1 of the article 1.1 of the Workers’ Statute, but rather that These practices “aimed to complete the theoretical training of the scholarship holder”.
And remember that an additional provision of the General Social Security Law provides for the inclusion in the social security system of students who carry out training internships or external academic internships included in the training programs.
However, this provision does not include Malinche scholarship holders, “given that these students carry out unregulated training, not included in the educational system, therefore the inclusion of scholarship holders in the social security system is not necessary.”
The report maintains that “the scholarship holders are not under the responsibility of the organization and management of the businessman, to obtain a service that results in obtaining fruits for the musical development of Malinche in Madrid” .
It concludes that the 17 scholarship holders are carrying out non-professional internships in the company Malinche The Musical Spain SL, “given that 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.
The prosecution is wary of these documents
The public prosecutor’s office is suspicious of these documents and will ask that they be provided with the internship agreement for these students, which should provide them with legal coverage.
Precisely, the scholar of the musical who denounced Nacho Cano and gave rise to a judicial investigation for alleged offenses against the rights of foreigners and workers will testify on the 4th before the magistrate in charge of the case, for the first time and at which will be the first relevant appearance in the case.
The president of the Court of Instruction number 19 of Madrid summoned that day at ten o’clock in the morning this Mexican student, Lesly Guadalupe OF, to testify as plaintiff/injured.
