The Labour Inspectorate found no evidence that the practices carried out by the Mexican interns in Nacho Cano’s Malinche musical involved an undercover employment relationship, as they were aimed at completing their theoretical training. This finding appears in the Labour Inspectorate’s report, a department of the ministry, which EFE has accessed, and which was forwarded to the court investigating Nacho Cano for an alleged offense against workers’ rights.
The report details the full investigation launched after June 27, 2024, when inspectors attended the parish where the show’s interns were rehearsing, at the request of the National Police.
Authorities were examining whether, as one of the Mexican interns alleged, irregularities occurred in the way those young people arrived in Spain and worked there, in a case that led the Madrid Court of Instruction No. 19 to open a criminal proceeding against Nacho Cano and three others for allegedly illegally recruiting immigrants for the show.
The Inspectorate sent its report to the court on the 25th, detailing how the parish inspection was conducted and how documentation about the interns, their teachers, and the company was identified and requested. The company produced artist contracts, enrollment documents for 17 interns, and another document certifying the financial resources allocated to them, 8,400 euros that remained in the Malinche The Musical Spain S.L. bank account because the interns reportedly lacked bank accounts in Spain.
The 20-page report concludes that there is no evidence indicating that the interns’ practices at the company involved an undercover employment relationship under the statute. Instead, these practices were aimed at completing the interns’ theoretical training. It also recalls that an additional provision of the General Social Security Law covers formal student internships, but excludes Malinche interns, since their training is non-regulated and not part of the formal education system, so there is no need to register the interns in the Social Security system.
The report states that the interns were not under the direction or control of the employer for the purpose of producing benefits that would contribute to the musical development of Malinche in Madrid. It concludes that the 17 interns carried out non-laboratory, non-paid placements in Malinche The Musical Spain S.L., since it could not be established that they provided paid services on behalf of the company or filled a position the company needed to hire for.
Sources of the accusation remain wary of these documents and will request the internship agreement that should provide legal coverage for these students.
Precisely, the intern who reported the case against Nacho Cano and prompted the judicial investigation for alleged offenses against the rights of foreigners and workers is due to testify on the fourth day before the magistrate presiding over the case, marking the first significant appearance in the proceedings.
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The head of Madrid’s Investigative Court No. 19 has summoned the Mexican student Lesly Guadalupe O.F. for a hearing at ten in the morning that day to testify as a complainant and harmed party.