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NEW INFORMATION REQUIREMENTS REGARDING EMPLOYMENT CONDITIONS Noticias 22 september 2026 INTRODUCED BY ROYAL DECREE 723/2026 OF 9 SEPTEMBER FUENTE: VACIERO AUTOR: VACIERO Comunication

On 15 September, Royal Decree 723/2026 of 9 September was published in the Spanish Official State Gazette. This Royal Decree partially transposes Directive (EU) 2019/1152 on transparent and predictable working conditions in the European Union.

The new legislation, which will enter into force on 5 October 2026, replaces Royal Decree 1659/1998 and expands the information that companies must provide to employees in writing regarding the essential elements of their employment contract and their main working conditions.

The main changes and aspects to be taken into account are as follows:

The new information requirement applies to employment relationships lasting more than four weeks. The information must be provided before the employment relationship begins and may be included in the employment contract itself or in a separate document. It may be provided in paper or electronic format, provided that it is accessible to the employee and that the company retains evidence of its transmission or receipt.

The information provided to employees must include, among other matters, their duties and professional classification, probationary period, training, the procedure for terminating the employment contract, the applicable collective bargaining agreement and certain Social Security matters. Where applicable, it must also include the equality plan, work-life balance policy, harassment protocol and measures relating to LGBTI people.

For temporary contracts, the company must clearly identify the reason justifying the temporary employment, the specific circumstances on which it is based and the connection between those circumstances and the expected duration of the contract.

With regard to remuneration, the basic salary and each salary supplement must be stated separately, together with the calculation method and the criteria governing entitlement to variable remuneration.

In relation to working time, employees must be informed of the duration and distribution of their working hours, night or shift work, overtime and annual leave. Where applicable, information must also be provided on the irregular distribution of working time and, in the case of permanent discontinuous employees, their periods of activity and inactivity or an estimate thereof.

One of the main changes concerns algorithmic or automated decision-making systems. Where such systems are used to make decisions regarding certain working conditions, the company must inform employees of their existence and of the guidelines, criteria and rules governing their operation. This requirement applies, among other matters, to decisions relating to working hours, task allocation, remuneration, career progression, place of work or termination of employment.

For certain matters, a precise reference to the applicable legislation or collective bargaining agreement will be sufficient, provided that it clearly identifies the relevant provisions.

Any subsequent changes to the matters covered by the information requirement must be communicated in writing as soon as possible and, at the latest, on the date on which they take effect. No further communication will be required where the change results from an amendment to legislation or to a collective bargaining agreement to which an express reference has previously been made.

For employment relationships already in force on 5 October 2026, the company must provide this information at the employee’s request, provided that the employee does not already have it, within 30 working days of receiving the request. Any changes occurring after the legislation enters into force must, however, be communicated in accordance with the new rules, without the employee being required to submit a request.

The legislation also establishes specific information requirements for employees working abroad and particular provisions for fishers and seafarers.

Finally, the Spanish Public Employment Service (SEPE) must publish, within 20 days of the legislation’s publication, a template that companies may use to provide this information to their employees. Until this template becomes available, companies must still comply with the requirement using any method that provides evidence of the information supplied.

We therefore recommend reviewing employment contract templates and the documentation provided to new employees before 5 October, in order to bring them into line with the new information requirements. Particular attention should be paid to the use of algorithmic or automated systems to make decisions concerning working conditions.