New information requirements about working conditions
On 15 September 2026, Royal Decree 723/2026 of 9 September, which partially transposes Directive (EU) 2019/1152 of 20 June 2019 on transparent and predictable working conditions in the European Union into Spanish legislation, was published in the "Official State Bulletin". The regulation will come into force on 5 October 2026, in accordance with the provisions of its fourth final provision.
This Royal Decree completely replaces and repeals Royal Decree 1659/1998 of 24 July, which until now had developed Article 8.5 of the Workers' Statute regarding information on the essential elements of the employment contract. Its main objective is to expand and systematize the obligations of employers to provide written information, so that workers are aware, before starting work, of both the basic elements of their contract and the main conditions governing the employment relationship, as well as the procedures for any subsequent modification.
1. Scope of application
The Royal Decree will apply to all employers and workers who fall within the scope of Article 1 of the Workers' Statute. However, the general information obligations established in Chapter II (Articles 3 to 8) will only apply to employment relationships lasting more than four weeks.
The regulation also establishes special rules for specific groups: (i) fishermen working on board fishing vessels flying the Spanish flag or registered under full Spanish jurisdiction are subject to Chapter III; (ii) sailors on board vessels meeting these same conditions are subject to Chapter IV, in both cases regardless of the duration of the contract. Special employment relationships, for their part, will be governed by this Royal Decree in accordance with the terms of their specific regulations and, in any case, when such regulations refer to the Workers' Statute or provide for its subsidiary application. Finally, it will apply to employees in the public sector in accordance with the specific provisions of their relevant legislation.
2. Scope of the new employer obligation
From 5 October 2026, employers must inform workers in writing, before the start of the employment relationship, of the essential elements of the contract and the main conditions governing the execution of the work (Article 7.1 of the Royal Decree). It shall be understood that the obligation has been fulfilled when all the required information is included in the written employment contract provided to the worker. If the contract contains only part of the mandatory information, the employer must supplement its content through one or more additional written documents.
Article 3.2 of the Royal Decree requires that the information includes, at a minimum, the following details:
a) The identity of the parties, the start date of the employment relationship and, in the case of fixed-term contracts, the end date or the expected duration.
b) The registered office of the company, the usual place where services are provided and, in the case of teleworking, the destination place. It must also be indicated if the services are provided regularly in different locations, in mobile or itinerant places, or if the worker is free to determine their place of work.
c) The nature of the work and, in the case of fixed-term contracts, a precise description of the reasons justifying the contract, the specific circumstances justifying it and its connection to the expected duration of the contract.
d) The category or professional group and a sufficiently precise description of the functions or specific content of the job.
e) The separate amounts of the base salary and each salary supplement, their periodicity and the method of payment, as well as the system for calculating variable components and the criteria that determine their payment.
f) The duration and distribution of the normal daily, weekly and yearly working hours; the performance of night work or shifts; the procedures for modifying working hours or shifts; agreements on overtime hours and their remuneration; and the duration of annual holidays and the procedure for determining when they should be taken.
g) When there is an irregular distribution of working hours, the system used to determine it, the reference hours and days when the employer can require work to be performed, the minimum notice periods applicable for the start and cancellation of tasks and, in the case of temporary seasonal contracts, the periods of activity and inactivity or an estimate of these.
h) The duration and conditions of the probationary period, including the obligations of both parties during this period, as well as the justification for a contractual duration that exceeds the standard legal limit, if applicable.
i) The right to training provided by the company.
j) In the case of hiring through temporary work agencies, the identity of the user company and the reasons justifying each mission contract.
k) The existence of algorithmic or automated systems involved in decision-making related to working hours, task allocation, remuneration, career progression, job position or termination of the contract, including their guidelines, criteria and operating rules. This obligation is based, among others, on Regulation (EU) 2024/1689 on artificial intelligence.
l) The existence and identification of the applicable equality plan, the company's policy for reconciling work and personal life that improves or exceeds the legal minimum (if such a policy exists), and the protocol for preventing and addressing sexual harassment and harassment based on sex. Additionally, information must be provided on the set of measures and resources planned to achieve real and effective equality for LGBTI individuals, when the company has such a plan.
m) The procedure for termination of the contract, its formal requirements and the applicable notice periods or, if it is not possible to specify them initially, the system for their determination.
n) The specific identification of the applicable collective agreement or agreements, including its code, date of publication, validity period and any continuous effect period.
o) The managing or collaborating body responsible for coverage and Social Security benefits, enhancements to its protective provisions, and pension schemes and funds established for the benefit of the workforce, specifying the corresponding contributions.
p) The circumstances under which the content of the benefits, professional classification, remuneration or working hours can be modified, as well as the applicable procedures.
For certain matters (fixed remuneration, working hours and their distribution, modifications of working hours, overtime, annual holidays, probation periods, training, termination of the employment relationship and Social Security), Article 3.3 allows the obligation to provide information to be fulfilled through a specific reference to the applicable legal, regulatory or contractual provisions. Therefore, a generic reference to labor legislation or the collective agreement is insufficient: the reference must clearly identify the specific applicable regulations.
3. Method of delivery and retention of information
Information can be provided in paper or electronic format, provided that it is accessible to the worker and can be stored and printed (Article 6.2). The employer must keep proof of transmission or receipt, which advises establishing mechanisms to verify both the exact content of the information provided and the date of delivery. In the case of workers with disabilities or with limited intellectual capacity, the employer must ensure that the information is accessible and understandable (Article 6.3).
Any subsequent modification of any of the elements subject to the obligation to provide information must be communicated in writing as soon as possible and, at most, on the same day the change comes into force (Article 7.3). This individual notification will not be required when the information has been established through a specific reference to a legal provision or a collective agreement and the modification exclusively arises from a change in that provision (Article 5.2).
4. Provision of services abroad
When a worker is normally required to provide services abroad, the employer must provide, before departure (Article 7.2), additional information in accordance with Article 4.1: country or countries of destination, duration of the assignment, currency of payment, remuneration in cash or in kind, reimbursement of expenses, travel expenses, allowances, benefits related to the assignment and, if applicable, repatriation conditions. This additional information is not required if each period of work abroad does not exceed four consecutive weeks (Article 4.3).
For workers temporarily assigned to a Member State of the EU or to a Member State of the European Economic Area in the context of cross-border provision of services, Article 4.1.f) adds specific requirements: information on the applicable remuneration in accordance with the legislation of the host Member State, the conditions for reimbursement of travel, accommodation and subsistence expenses, any specific supplement for the move and a link to the official single website of the host Member State regarding relocations.
5. Existing employment relationships
The Royal Decree does not impose an obligation on companies to automatically provide all existing employees with a new contract or a comprehensive information document. However, in accordance with the sole transitional provision, from the date of its entry into force, workers with an existing employment relationship may request the information referred to in Article 3 that they do not yet have, any applicable additional information when they have already traveled abroad and, if applicable, any previous modifications. The company must provide this information within thirty working days from the receipt of the request.
Any change in the conditions that occurs after the date of entry into force must be communicated ex officio, in writing and, at most, on the same day it comes into force.
6. Recommended key actions
The Royal Decree requires an immediate review of internal hiring procedures. Before 5 October 2026, companies should, among other measures:
(i) Adapt their standard contract templates to incorporate all the provisions of Article 3.2.
(ii) Prepare, where more practical, an additional information document that establishes additional information not included in the contract.
(iii) Review international mobility processes to comply with the obligations established in Article 4.
(iv) Identify and document any existing algorithmic or automated decision-making systems within the organization.
(v) Establish a system that allows reliable verification of the sending and receipt of information.
(vi) Develop a protocol to manage information requests from existing staff.
According to the first additional provision, the Ministry of Labour and Social Economy, through the State Public Employment Service (SEPE), will publish a model information document within a maximum of twenty days from the publication of the Royal Decree. However, the availability of this template does not condition or delay the entry into force of the obligations. Consequently, if the official template is not available by 5 October 2026, companies must still comply by using any suitable document that ensures the integrity, permanence, and accessibility of the information.
In summary, the reform does not necessarily require all information to be included in the employment contract, but it does require that, before the start of service provision, a complete, specific and verifiable description of its essential terms and conditions be provided in writing to the worker. The main priority for companies should be to adapt their contract templates, draft informative annexes, and implement procedures that allow for effective and verifiable communication and documentation of any subsequent changes.
Informative note from the Labor Law Department of ECIJA Madrid.
