On 15 September 2026, Royal Decree 723/2026 of 9 September was published, partially transposing Directive (EU) 2019/1152 on transparent and predictable working conditions.
The new legislation, which replaces Royal Decree 1659/1998, significantly expands the information that employers must provide regarding the essential elements of the employment contract and the main working conditions. It will enter into force on 5 October 2026, twenty days after its publication.
As a general rule, these information requirements will apply to employment relationships lasting more than four weeks, without prejudice to the specific rules applicable to certain employment relationships and categories of workers.
Information must be provided before work begins
One of the changes with the greatest impact on recruitment and onboarding processes concerns the timing of the information requirements.
For new hires, the required information must be provided before the employment relationship begins. The Royal Decree does not establish a specific number of days’ advance notice, but it does require employees to have received the relevant information before commencing employment.
Employers should therefore review any onboarding processes under which part of the relevant documentation is currently provided after the employee has started work.
More detailed information on working conditions
The Royal Decree considerably expands the matters on which information must be provided in writing.
As regards duties and responsibilities, the employee’s professional category or group must be identified and the position must be described with sufficient precision. In the case of fixed-term contracts, employers must also specify the grounds justifying the temporary nature of the contract, the specific circumstances supporting those grounds and their connection with the expected duration of the contract.
With respect to remuneration, basic salary and the different salary supplements must be identified separately, together with their payment frequency and method. Where variable remuneration applies, information must also be provided on how it is calculated and the criteria determining entitlement to it.
Information on working time must include, among other matters, the duration and distribution of daily, weekly and annual working hours, shift arrangements, procedures for changing working hours, overtime and annual leave. Where working time is distributed irregularly, additional information must be provided on reference hours and days and minimum notice periods. For permanent seasonal or intermittent contracts (contratos fijos discontinuos), periods of activity and inactivity, or an estimate thereof, must also be specified.
Labor
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Where a probationary period is agreed, employers must specify its exact duration and provide information on the respective obligations of the employer and employee to carry out the activities or assessments that constitute the purpose of the probationary period.
In our view, this requirement reinforces the need to identify what exactly is to be assessed during the probationary period.
However, the new wording does not appear, in itself, to mean that a decision to terminate employment due to failure to successfully complete the probationary period must be justified on grounds equivalent to those required for a dismissal. This is, of course, without prejudice to the legal limitations already applicable to an employer’s right to terminate employment during a probationary period.
Algorithms and automated decision-making
Of particular significance is the introduction of an individual right to information regarding the existence of algorithmic or automated decision-making systems.
Where such systems are used to make employment-related decisions, employees must also be informed of the guidelines, criteria and rules governing their operation. The Royal Decree expressly refers to areas such as task allocation, working time, remuneration, career progression, place of work and termination of employment.
This new requirement makes it advisable for employers to identify which automated tools are currently used in their people-management processes and assess their actual role in employment-related decision-making.
Other information requirements
The new rules also cover the right to training, equality plans and certain work-life balance policies, sexual and gender-based harassment protocols, LGBTI measures, procedures for termination of employment, applicable collective bargaining agreements and certain matters relating to Social Security and supplementary pension arrangements.
Employers must also provide information on the circumstances and procedures under which certain essential working conditions may be modified, including duties, professional classification, remuneration and working time.
Not everything has to be included in the employment contract
Compliance with these requirements does not mean that all the information must be incorporated into the employment contract itself.
Where the written contract already contains some of the required information, it will not need to be repeated. The remaining information may be provided in one or more written documents, either on paper or electronically, provided that they are accessible, can be stored and printed, and the employer retains evidence of their transmission or receipt.
For certain matters, employers may also make a specific reference to the applicable legislation, regulations or collective bargaining agreement, provided that the relevant provisions can be clearly identified.
Working abroad
Where an employee is normally required to work abroad, the employer must provide additional information before departure, including, among other matters, the country of destination, the duration of the assignment, the currency in which remuneration will be paid, certain allowances and expenses and, where applicable, the conditions governing repatriation.
Cross-border postings within the EU or EEA are subject to additional specific information requirements. These provisions do not apply where each period of work abroad does not exceed four consecutive weeks.
What happens to existing employment contracts?
The entry into force of Royal Decree 723/2026 does not require employers to automatically amend or reissue all existing employment contracts.
Where an employee whose employment relationship is already in force requests information required under the new rules that is not already in their possession, the employer will have thirty working days from receipt of the request to provide it.
Any subsequent changes occurring after the Royal Decree enters into force must be communicated as soon as possible and, at the latest, on the date on which they take effect.
An information template to be issued by SEPE
The Spanish Public Employment Service (SEPE) must make an information document template available to employers and employees within a maximum period of twenty days following publication of the Royal Decree.
However, publication of this template is not a prerequisite for the new obligations to become enforceable. Employers will therefore be required to comply with the new rules from their effective date even if the template has not yet been made available.
The Royal Decree also establishes specific rules for fishermen and seafarers, including specific contractual and information requirements and the preparation of dedicated contract templates in Spanish and English.
What should employers review now?
Adapting to Royal Decree 723/2026 goes beyond simply updating employment contract templates.
Employers should review employment contracts and addenda, job descriptions, variable remuneration schemes, working time and shift arrangements, probationary periods, equality and harassment policies, internal procedures and any algorithmic or automated tools used in people management.
The aim should not simply be to generate additional documentation. Employers should ensure that they have a system in place that allows all required information to be provided within the applicable deadlines and, importantly, that the working conditions communicated to employees accurately reflect those actually applied within the organization.
