Spain tightens employee information rules

Royal Decree 723/2026, which entered into force on 5 October 2026, implements article 8.5 of the Spanish Workers’ Statute and transposes Directive (EU) 2019/1152 on transparent and predictable working conditions.

This legislation significantly expands the information that employers must provide in writing to employees regarding the essential elements of their employment contracts and working conditions.

These obligations generally apply to employment relationships lasting more than four weeks, as well as to certain special employment relationships, subject to the provisions of their specific regulations.

The main change is that including the traditional contractual terms in employment contracts is no longer sufficient. Employers must provide additional information on certain working conditions and internal policies, as well as on the procedures applicable to potential changes to those conditions.

What additional information must employers provide?

Royal Decree 723/2026 expands and clarifies the information that must be provided to employees. The following requirements are particularly relevant, as they concern matters not typically covered in employment contracts:

• Variable remuneration: employers must specify how variable remuneration is calculated and the criteria determining entitlement to it.
• Working time: additional information is required on working time arrangements, changes to working hours, shift patterns and certain forms of working time organisation.
• Automated systems: employers must provide information on the existence and operating criteria of algorithmic or automated systems used to make certain decisions affecting working conditions.
• Equality and work-life balance: information must be provided on equality plans, work-life balance policies, sexual harassment and sex-based harassment protocols and, where applicable, LGBTI equality measures.
• Termination of employment: employers must provide information on the applicable termination procedures, formal requirements and notice periods.
• Social protection: additional information is required on voluntary improvements to statutory social security benefits, pension plans and other supplementary social protection arrangements.
• Changes to working conditions: employers must identify the circumstances and procedures under which certain working conditions may be modified.

In some cases, these obligations may be fulfilled by making a precise reference to the applicable statutory, regulatory or collective bargaining provisions. However, other matters must be expressly described, and a general reference to the applicable legislation or collective bargaining agreement will not be sufficient.

How does the legislation affect existing employees and subsequent hires?

The royal decree distinguishes between employment relationships already in force on the date of its entry into force and employees hired thereafter.

Employment contracts in force on 5 October 2026

Employers are not required to automatically provide their entire workforce with a new information document or amend all existing employment contracts.

However, where an employee requests the information required under the royal decree, the employer must provide any information not already in the employee’s possession within a maximum period of 30 business days.

Subsequent hires

For employment relationships lasting more than four weeks, all required information must be provided before employment commences.

Employers may either include all the required information in the employment contract or combine the contract with one or more supplementary information documents.

The information may be provided in hard copy or electronically, provided that it is accessible to the employee, can be stored and printed, and the employer retains evidence of its transmission or receipt.

What happens when working conditions change?

The royal decree also addresses subsequent changes to working conditions.

Where any of the elements subject to the information requirements under the royal decree changes, the employer must notify the employee in writing as soon as possible and, in any event, no later than the date on which the change takes effect.

This obligation does not apply where the original information was provided through a precise reference to a statutory, regulatory or collective bargaining provision and the change results directly from an amendment to that provision.

Importantly, these information obligations are separate from any substantive and procedural requirements that may apply to the relevant change in working conditions.

Additional obligations for employees working abroad

Employers sending employees to work abroad for more than four consecutive weeks must provide additional written information before departure, including the destination country, expected duration, currency of payment, remuneration arrangements, expenses associated with the assignment and repatriation conditions, where applicable.

For transnational postings within the European Union or the European Economic Area in the context of the provision of services, additional information is required on the remuneration applicable in the host country, travel and subsistence expenses, posting allowances and access to the relevant official information provided by the host country.

Osborne Clarke comment

Royal Decree 723/2026 makes it advisable for employers to review their employment documentation and internal HR procedures to ensure compliance with the applicable requirements.

In particular, we recommend:

• Reviewing existing employment contract templates to identify which information is already adequately covered and where additional information is required.
• Preparing a supplementary information annex to comply with the obligations under the Royal Decree without substantially modifying existing employment contract templates.
• Establishing a procedure for responding to information requests from employees whose contracts were already in force on the date of entry into force of the royal decree.
• Updating internal HR procedures to ensure that changes to working conditions are communicated within the required deadlines.
• Reviewing documentation relating to international assignments, where applicable.

The most appropriate approach will depend on each employer’s existing contractual documentation, applicable collective bargaining agreements and working arrangements.

Osborne Clarke’s Employment team can assist employers in reviewing their employment contracts and internal procedures and adapting their documentation to comply with the legal requirements under Royal Decree 723/2026.