Labour legislative agenda for 2026 in Spain: the reforms that will mark the year

Spanish companies face a year of significant reform of labour regulation in 2026 with changes covering paid leave, interns, unfair dismissal compensation, reindustrialisation, occupational risk and rural teleworking, along with the transposition of European directives relating to transparent and predictable working conditions, pay transparency and platform work.

Extension of paid leaves

The Ministry of Labour and Social Economy reached an agreement with the trade unions to significantly extend paid leave on 15 December 2025.

The main changes include:

• Extension to 10 working days (12 in the case of travel) of paid leave for the death of family members.
• Possibility of distributing the leave in continuous or discontinuous days over a period of four weeks.
• New leave of up to 15 working days to accompany family members in palliative care.
• One working day's leave to accompany someone undergoing euthanasia.

The corresponding procedures for the regulatory change are expected to begin in 2026. Companies will need to update their human resources policies and absence management protocols to adapt to these new realities.

Intern statute

On 4 November 2025, the Council of Ministers approved the Draft Bill on the Status of Persons in Non-Work-Related Practical Training in the Workplace. It is expected that in 2026, the process for the approval of this law will continue, which aims to clearly delimit training activities from work activities and prohibit the use of internships as low-cost labour or as a substitute for workers.

Among the main obligations introduced by the new regulation are:

• Requirement for an individual training plan for each intern.
• Direct link to the intern's educational pathway.
• Specific supervision with a maximum of five trainees per tutor.
• Limit of 20% of interns on the total workforce.

Interns will be entitled to rest breaks, use of workplace facilities, protection from violence and harassment, and compensation for expenses. This regulation will mean a radical change in the management of internship and scholarship programmes in Spanish companies, which will have to review their agreements with universities and training centres.

Reform of unfair dismissal compensation

The Congress approved a non-legislative proposal on 17 September 2025 that urged the government to reform unfair dismissal in order to comply with the provisions of the European Social Charter and International Labour Organization Convention 158, regulating compensation that is "truly dissuasive and restorative".

On 20 October 2025, the Ministry of Labour and Social Economy opened negotiations with social partners on this possible reform. If successful, this could lead to a significant increase in compensation for unfair dismissal, currently set at 33 days' salary per year of service with a maximum of 24 monthly payments, which would have a direct impact on business restructuring costs and the management of contract terminations.

Industry and Strategic Autonomy Act

The Industry and Strategic Autonomy Bill is currently being processed. It includes a reindustrialisation plan for cases in which a company suffers a significant loss of industrial capacity that affects essential or strategic resources.

Under this plan, companies will have to give the competent authority nine months' notice of any possible closure or reduction in activity that would lead to a significant reduction in employment, and explore ways of preventing, correcting or mitigating the effects associated with the closure or reduction in staff. This measure will increase the information and consultation obligations in business restructuring processes.

Reform of the Occupational Risk Prevention Act

Work is underway on a possible reform of the Occupational Risk Prevention Act to strengthen several key aspects:

• Prevention of risks associated with the use of technologies.
• Protection against exposure to certain chemicals.
• Strengthening the prevention of psychosocial risks.
• Incorporation of the gender perspective into occupational risk prevention.

This reform responds to the new realities of the world of work and will require companies to update their prevention plans and risk assessments to incorporate these new approaches.

Incentives for teleworking in rural areas

On 22 October 2025, the Congress of Deputies approved a non-legislative proposal urging the government to develop measures to encourage teleworking in order to retain young people in rural areas. These measures are expected to be finalised in 2026 in collaboration with the autonomous communities, and could include tax benefits or subsidies for companies that facilitate remote working from rural areas.

Transposition of European directives

Spain has yet to transpose three fundamental European directives that will shape the labour landscape in 2026:

Directive on transparent and predictable working conditions (EU Directive 2019/1152). Reforms are expected in:

• The duty to inform about the essential aspects of the employment relationship.
• Fixed-term contracts.
• Part-time contracts and agreements on additional hours.
• Probationary periods.
• Irregular distribution of working hours.

Directive on pay transparency (EU Directive 2023/970). The transposition deadline is 7 June 2026. This directive will strengthen obligations regarding pay transparency and reporting on gender pay gaps, significantly expanding current obligations in the area of equal pay.

Directive on working conditions in platform work (EU Directive 2024/2831). The transposition deadline is 2 December 2026. This regulation will specifically govern labour relations on digital platforms, establishing presumptions of employment and minimum guarantees for platform workers.

Osborne Clarke Comment

The year 2026 is shaping up to be one of profound regulatory change in the labour sphere. Companies will need to take a proactive approach to anticipate these changes by reviewing their human resources policies, personnel management systems and internal procedures. The complexity and volume of the planned reforms make it essential to seek specialist advice to ensure regulatory compliance and minimize legal risks in an increasingly demanding regulatory environment.