A ruling from the Juzgado de lo Social number 22 in Madrid has concluded that extracurricular activities performed by approximately 570 students at Universidad Carlos III de Madrid (UC3M) do not qualify as labor, thus they are not entitled to receive social security benefits for their efforts.

This judgment, dated January 15, 2023, runs contrary to earlier findings by the Inspección de Trabajo y Seguridad Social (ITSS).

Judge María Romero-Valdespino stated that the presumption of labor status claimed by some students did not apply in this situation.

Many of these students had brought the case to court, seeking labor status and associated benefits, which, if awarded, would have favored their financial contributions and social security entitlements.

The ruling specifically pertains to students who engaged in extracurricular internships at UC3M between January 2018 and October 2019. It indicates a clear distinction that their tasks—primarily administrative assistance and public engagement in various university services—did not exhibit labor characteristics.

The university's regulations allow students to undertake these activities for a minimum of one hour daily, amounting to a maximum of 25 hours weekly.

For their involvement, students receive a stipend ranging from €81.50 to a ceiling of €407 monthly.

After completing their tasks, participants must submit a report detailing their educational takeaways from the experience.

The judge referred to previous similar cases to support her verdict, citing a 2019 decision involving Universidad Autónoma de Madrid.

The earlier ruling emphasized the necessity for students to develop new skills and widen their scope of experience through such educational internships.

While the ITSS had criticized the university's oversight of students during these extracurricular activities, Judge Romero-Valdespino countered that each student is assigned an academic tutor and that their academic needs take precedence.

The ITSS had conducted multiple inspections across different UC3M campuses, interviewing students and tutors, and expressed concerns about the adequacy of supervision and the conditions under which students performed tasks, which they implied should be handled by paid staff.

However, the court found no evidence substantiating that students’ contributions replaced established labor roles.

In her concluding remarks, the judge asserted that assumptions of fraud must be proven, stating that no indicative evidence supporting such claims had been presented.

As a result, the court has ruled that UC3M is not liable to provide social security contributions for this group of students, although the ruling may be appealed to the Social Chamber of the Tribunal Superior de Justicia de Madrid.

Adrián Adán Podadera, one of the affected students, has voiced his discontent with the ruling, describing the situation as an exploitative practice aimed at the efforts of students engaged in meaningful administrative roles, thus elevating service quality at the university.

He noted concerns over the university’s resource allocation and expressed skepticism regarding regulatory oversight in such educational environments.