Royal Decree 723/2026 of 9 September, which entered into force on 5 October 2026, expands employers’ obligations to provide information about their employees’ working conditions. It partially transposes Directive (EU) 2019/1152 on transparent and predictable working conditions.
What information must employers provide?
The information must be provided in writing before employment begins. The general requirements apply to employment relationships lasting more than four weeks.
The main aspects to be communicated include:
- Job duties and professional classification: a sufficiently detailed description of the position and, in the case of fixed-term contracts, the reason for the temporary employment, the circumstances justifying it and its relationship to the contract’s duration
- Remuneration: a breakdown of basic salary and supplements, payment frequency and method, as well as the criteria governing entitlement to and calculation of variable remuneration
- Working hours and holidays: daily, weekly and annual working hours, their distribution, shifts, overtime and holidays. Where working hours are distributed irregularly, the applicable system, reference hours and days, and minimum notice periods must also be specified. For permanent intermittent contracts, the periods of activity and inactivity, or an estimate of these periods, must be included
- Probationary period: its specific duration and the obligations of both parties
- Algorithmic systems: information about automated systems used in decisions concerning duties, working hours, remuneration, promotion, workplace location or termination of employment, including the criteria governing their operation.
Depending on the circumstances, the regulations also require information on training, termination procedures, the applicable collective bargaining agreement, Social Security, equality plans, anti-harassment procedures and LGTBI equality measures. Additional information may also be required in certain cases involving work performed abroad.
How must the information be provided?
Not all the information has to be included in the employment contract itself. It may be incorporated into the contract or provided in separate written documents, either on paper or electronically, provided that electronic documents are accessible, can be stored and printed, and the employer retains evidence that they have been delivered.
For employment relationships already in place on 5 October 2026, employers must provide any outstanding information requested by the employee within 30 working days of receiving the request. Subsequent changes to the conditions must be communicated as soon as possible and, at the latest, on the date they take effect.
How can companies prepare?
One practical measure is to prepare information annexes for standard job positions, which can be adapted to the specific circumstances of each hire. These documents must be provided to the employee before employment begins.
Companies should also review their internal recruitment procedures to ensure that the required documentation is prepared and delivered within the applicable deadlines. The Spanish Public Employment Service (SEPE) has published an information document template under the regulations, which can serve as a reference for this process.
Proper organisation of employment documentation will help companies comply with the new requirements and ensure greater transparency regarding working conditions.
