Dear Client,<\/p>\n
We inform you that today, September 15, 2026, Royal Decree 723\/2026, of September 9, has been published in the Official State Gazette, which develops article 8.5 of the Workers’ Statute and partially transposes Directive (EU) 2019\/1152, on transparent and predictable working conditions in the European Union.<\/p>\n
The new regulation significantly expands the information that companies must provide in writing to their workers on the conditions of the employment relationship, as well as the obligation to update this information when changes occur.<\/p>\n
1. Entry into force and scope<\/p>\n
The Royal Decree will enter into force twenty days after its publication, being applicable from 5 October 2026. Its general scope includes companies and workers included in the Workers’ Statute. The new information obligations in Chapter II apply to employment relationships whose duration is longer than four weeks.<\/p>\n
2. Information to be provided to workers<\/p>\n
The company must inform in writing about the essential elements of the contract and the main conditions for the performance of the work service. Although some of this information may already be included in the contract itself, the Royal Decree considerably expands its content. Among other aspects, information must be provided on:<\/p>\n
\u2022 Identity of the parties, start date and, if applicable, duration of the contract.
\n\u2022 Work centre or centres and place of provision of services.<\/p>\n
\u2022 Content and characteristics of the job.<\/p>\n
\u2022 Basic salary, salary supplements, frequency and form of payment, and criteria for calculating variable remuneration.
\n\u2022 Working hours, time distribution, shifts, overtime and holidays.
\n\u2022 Systems of irregular distribution of the working day and, where appropriate, periods of activity and inactivity in fixed-discontinuous contracts.
\n\u2022 Duration and conditions of the probationary period.<\/p>\n
\u2022 The right to training provided by the company.<\/p>\n
\u2022 Procedure and requirements applicable to the termination of the contract.<\/p>\n
\u2022 Applicable collective bargaining agreement, with the data that allows its identification, code, date of publication, validity and, where appropriate, situation of ultra-activity.<\/p>\n
\u2022 System of collaboration between the company and Social Security and certain voluntary improvements, pension plans and funds.<\/p>\n
\u2022 Assumptions and procedures for modifying essential conditions of the employment relationship.<\/p>\n
3. Algorithmic or automated systems<\/p>\n
One of the main novelties is the obligation to report on the existence of algorithmic or automated decision-making systems when they are used to make decisions relating, among other issues, to the duration or distribution of the working day, the assignment of tasks, the determination or modification of salaries, professional progression, the place of work or the termination of the contract. In these cases, the guidelines, criteria and rules of operation of these systems must also be detailed.<\/p>\n
4. Form and time of delivery of the Information<\/p>\n
The information must be provided in writing prior to the start of the employment relationship, on paper or in electronic format, provided that the worker can access, store and print it, and the company retains proof of its transmission or receipt.<\/p>\n
It will not be necessary to duplicate information that is already correctly contained in the employment contract in the worker’s possession; if the contract contains only part of the required information, the remaining information must be provided in writing. Certain matters may be complied with by means of precise reference to the applicable regulations or collective agreement, provided that the corresponding provisions can be clearly identified.<\/p>\n
5. Workers already hired<\/p>\n
The Royal Decree also affects the employment relationships in force at the time of its entry into force. In these cases, the company must provide the information provided when the worker requests it and is no longer in its possession, having a period of 30 working days from the receipt of the request to attend to it.<\/p>\n
Likewise, any modification of working conditions produced after the entry into force must be communicated in writing, at the latest, on the same day on which the change becomes effective.<\/p>\n
6. Recommendations<\/p>\n
In view of the entry into force of this new regulation, we recommend:<\/p>\n
\u2022 Review and update the contract models used by the company.<\/p>\n
\u2022 Check that the information on salary, working hours, holidays, probationary period, collective agreement and termination is correctly collected.<\/p>\n
\u2022 Review whether there are automated or algorithmic systems involved in decisions about working conditions.
\n\u2022 Establish a procedure for communicating in writing the modifications of working conditions.<\/p>\n
\u2022 Review the documentation of the workers currently on the payroll, especially in the event of possible requests for information.<\/p>\n
\u2022 Guarantee that the documentation delivered by electronic means allows proof of its transmission or receipt.<\/p>\n
The Ministry of Labour and Social Economy must make available to companies and workers a model information document within a maximum period of twenty days from the publication of the Royal Decree. However, the regulation itself expressly states that the publication of this model does not condition the enforceability of the reporting obligations, so companies must comply with them from the entry into force of the regulation.<\/p>\n
From our office we remain at your disposal to review and adapt the models of contracts and labor information documents of your company to the new requirements. Do not hesitate to contact us for any additional clarification.<\/p>\n","protected":false},"excerpt":{"rendered":"
Dear Client, We inform you that today, September 15, 2026, Royal Decree 723\/2026, of September 9, has been published in the Official State Gazette, which develops article 8.5 of the Workers’ Statute and partially transposes Directive (EU) 2019\/1152, on transparent and predictable working conditions in the European Union. The new regulation significantly expands the information…<\/p>\n","protected":false},"author":6,"featured_media":5883,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[197],"tags":[],"class_list":["post-5887","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-laboral"],"yoast_head":"\n