More detailed and clearer information for employees
Royal Decree 723/2026, of 9 September, published in the Spanish Official State Gazette (BOE) on 15 September, transposes Directive (EU) 2019/1152 and strengthens employees’ right to receive clear, written information on the essential terms and conditions of their employment relationship.
The Royal Decree enters into force on 5 October 2026. From that date, new hires must be provided with more complete and precise information on their working conditions, and employers will need to adapt their employment contracts, annexes and internal communication processes.
What does this mean in practice?
As a general rule, the new employment information requirements apply to employment relationships governed by the Workers’ Statute. However, certain obligations under Chapter II do not apply to employment relationships lasting four weeks or less, subject to the exceptions expressly provided for in the Royal Decree.
The minimum information to be provided is significantly expanded and specified in greater detail:
| Essential elements of the employment contract | |
|---|---|
| Identity of the parties | Job position and category |
| Details of the employer and employee, type of contract, start date and, where applicable, the expected duration of the employment relationship. | Usual workplace or workplaces and job position, duties, professional group or category, with the level of detail required by the Royal Decree. |
| Remuneration | Working hours |
| Breakdown of basic salary and salary supplements, which must be stated separately. For variable remuneration, information must be provided on the amounts, percentages or criteria used to determine it. | Duration and distribution of working hours, shifts, overtime and its remuneration or compensation, duration of annual leave and the procedure for determining when it is taken. In the case of irregular working-time arrangements, the relevant time slots or reference days, minimum notice periods and cancellation procedure must be specified. |
| Permanent-discontinuous employment contracts | Probationary period |
| Information on periods of activity and inactivity or, where these cannot be specified, an estimate of such periods and the timing of the call to work. | Duration and conditions. Where applicable, the reason justifying its duration, the tasks or experience forming the subject of the probationary period and the right to training provided by the employer must be specified. |
| Applicable collective bargaining agreement | Social Security managing or collaborating entity |
| Precise identification of the applicable collective bargaining agreement, including its code, publication date and period of validity, without prejudice to the possibility of making a clear and precise reference to the relevant legislation or collective bargaining agreement. | Identification of the Social Security managing or collaborating entity, including the relevant mutual insurance company, as well as any voluntary improvements and employer-sponsored pension plans, where applicable |
| Training | Equality |
| Information on the right to training provided by the employer. | Information on the Equality Plan, work-life balance measures, harassment protocols and LGBTI measures. |
| Termination of the contract | Contractual changes and subsequent amendments |
| Conditions governing termination of the contract: requirements, procedure and notice period or, where this cannot initially be determined, the method for determining it. | Any amendments must be communicated in writing as soon as possible and, at the latest, on the date on which they take effect. |
| Algorithmic or automated systems | Employees posted abroad |
| Where automated systems are involved in decisions concerning working hours, allocation of tasks, remuneration, career progression or termination, employees must be informed of the specific data used and the logic or operation necessary to understand the decision. | If an employee is to work outside Spain for more than four consecutive weeks, they must receive, before departure, the additional information required by the Royal Decree, including the country or countries of destination, duration, currency of payment and any allowances or compensation associated with the posting. |
Deadlines are one of the key aspects…
| Review and adaptation | New hires | Existing contracts | Changes | Postings abroad |
|---|---|---|---|---|
| Before 5 October, employers should review their contract templates, annexes and internal processes to identify the information that must be included or communicated in writing. | The main information must be provided before the employment relationship begins. The remaining information must be provided as soon as possible and, at the latest, on the date on which the contract takes effect. | Existing contracts do not need to be redrafted. If an employee requests information that is not already in their possession, the employer will have a maximum of 30 working days to provide it. | Any change to the required information must be communicated in writing as soon as possible and, at the latest, on the date on which the change takes effect. | If an employee is to work outside Spain for more than four consecutive weeks, the employer must provide the additional information required. |
| Before 5 October | From 5 October | At the employee’s request | From 5 October | Before departure |
The Ministry of Labour and Social Economy will make a standard information document available to employers and employees. However, there is no need to wait for its publication: employers must comply with this obligation using an appropriate and accessible method that provides a record of the information supplied.
What happens in the event of non-compliance?
Failure to comply with the information requirements will be governed by the Law on Offences and Penalties in the Social Order. Failure to provide written information on the essential elements of the employment contract within the established terms and deadlines may constitute a minor infringement.
The practical risk increases when the same failure occurs systematically across multiple hires. It is therefore advisable to carry out a consistent review of recruitment templates and processes.
In conclusion, Royal Decree 723/2026 increases the level of detail required when providing information on working conditions and requires employers to review the documentation framework governing employment relationships.
Its practical implementation requires a review of contracts, annexes and communication processes, as well as the identification of any automated systems involved in employment-related decisions and measures to ensure the traceability of the information provided to each employee.
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