Spain introduces new employer information obligations: In force from 5 October 2026

Spain has adopted Royal Decree 723/2026 of 9 September 2026, introducing a revised framework governing the information that employers must provide to employees regarding the essential terms of their employment and their principal working conditions. The measure partially implements EU Directive 2019/1152 on transparent and predictable working conditions.  The Decree was published in the Spanish Official State Gazette on 15 September 2026 and will come into force on 5 October 2026, replacing Royal Decree 1659/1998. These changes represent a significant expansion of the information obligations on employers. 

Under the new framework, the Spanish Ministry of Labor and Social Economy, through the Spanish Public Employment Service, must make available an official information document designed to assist employers in complying with these new requirements.  This has not yet been published.  Employers will be required to comply with the new information obligations from 5 October, regardless of whether the government has published the official information document by then. 

The new framework increases the amount of employment-related information that must be made available to workers and expands transparency obligations in a number of areas. From an employer compliance perspective, the most significant developments include the following:

1. Expanded information regarding employment terms: Employers must provide employees with detailed information concerning the nature of their employment relationship, including the identity of the parties, commencement date, expected duration of the employment relationship, workplace arrangements, job duties and professional classification.
2. Greater transparency regarding pay and working time: The Royal Decree requires employers to provide more detailed information regarding remuneration arrangements. This includes information relating to base salary, salary supplements, variable remuneration mechanisms, payment methods and payment frequency. In addition, employees must receive information concerning working schedules, working time arrangements, overtime, shift work, holiday entitlement, any notice periods applicable to scheduling changes and, where relevant, irregular working time systems.
3. Information on other employment conditions and protections: The required information extends to probationary periods, employer-provided training, termination procedures and notice requirements, applicable collective bargaining agreements and relevant social security and pension arrangements. Employers must also provide information regarding the applicable equality plan and harassment protocol and, where a company has them in place, its work-life balance policy and LGBTI measures.
4. New disclosure requirements relating to algorithmic systems: One of the most notable developments concerns the use of algorithmic or automated decision-making systems. Where such systems are used to support decisions relating to matters such as work allocation, scheduling, remuneration, career progression, place of work or termination of employment, employers must provide information concerning their existence and operation.
5. Additional information requirements for international assignments: Employees who will work abroad for more than four consecutive weeks must receive supplementary information before the assignment takes place.This includes information regarding the host country, the expected duration of the assignment, the currency in which remuneration will be paid, applicable allowances and expense arrangements and, where relevant, repatriation conditions.Additional disclosure requirements apply in connection with postings within the European Union and the European Economic Area.
6. Timing, format and evidence of delivery: For new hires, the required information must be provided before the employment relationship begins. Subsequent changes must be communicated as soon as possible and no later than the date on which they take effect.
7. Existing employees may request information under the new framework: The Royal Decree is not limited to new hires. Employees whose employment relationship is already in force when the legislation enters into effect in October may request the information covered by this new regime. Upon receiving such a request, employers must provide the relevant information within 30 working days, unless it is already in the employees’ possession.

The above information must be provided in writing. This obligation will be deemed satisfied where the required information is already included in the employee’s written contract of employment.  Where the contract contains only part of the required information, the employer must provide the remaining information in one or more additional written documents.

The new information requirements generally apply to employment relationships lasting more than four weeks. The Royal Decree also contains specific rules for the fishing and maritime sectors.

Action points for Spanish employers

Employers should review the information currently provided to employees and assess whether this captures all the information required under the new framework.  Particular attention should be given to reviewing employment contract templates, onboarding documentation and supplementary employment information notices to identify any gaps against the new information requirements.