Spanish employment law changed on 5 October 2026. Since that date, every employer in Spain must rethink how it informs staff about their working conditions, both when someone joins and whenever their terms change.
The change comes from Royal Decree 723/2026, the new Spanish employment law rule on transparent and predictable working conditions. It requires employers to give each worker detailed written information about their employment before their first day. That covers everything from the rules for changing shifts to the exact length of the probationary period and how variable pay is calculated.
The employer must also keep proof that the information was sent or received. Without that proof, it will struggle to show compliance during a labour inspection or an employment dispute.
This guide is for anyone who runs a business in Spain, manages HR for a multinational with Spanish staff or needs to understand Spanish employment law. It covers the main changes, what information you must provide, the deadlines and how to prove delivery.
Table of contents
What Is Royal Decree 723/2026? A Key Change in Spanish Employment Law
Royal Decree 723/2026 (Real Decreto 723/2026) came into force on 5 October 2026. It was published in Spain’s Official State Gazette (BOE) on 15 September. It partially transposes Directive (EU) 2019/1152 on transparent and predictable working conditions into Spanish employment law. It also replaces Royal Decree 1659/1998, which is repealed in full.
If you are familiar with the UK’s written statement of employment particulars, the idea is similar. However, the content, deadlines and procedures are set by Spanish employment law.
This is far more than a routine update. The decree’s most significant changes are:
- It expands the information each worker must receive.
- It brings the deadline forward to before the first working day. The two-month window allowed under RD 1659/1998 no longer exists.
- It adds new topics, such as equality plans and the employer’s use of algorithms to make employment decisions.
Who Must Comply? Scope Under Spain’s Workers’ Statute
The decree applies to all companies and workers covered by Spain’s Workers’ Statute (Estatuto de los Trabajadores, art. 2.1), the cornerstone of Spanish employment law. The duty to inform only affects employment relationships lasting more than four weeks (art. 2.2), so contracts of four weeks or fewer are excluded.
In practice, it affects almost any business that hires staff in Spain, regardless of size or sector. That includes foreign companies with employees under Spanish employment contracts.
Mandatory Employee Information Under Spanish Employment Law
Under Spanish employment law, employers must now inform workers in writing of at least 17 aspects of the employment relationship (art. 3.2). The employment contract can cover them if it includes all of them. Otherwise, the employer can add a separate information document (arts. 3.1 and 6.1).
Beyond the usual details (identity of the parties, job role, start date and type of contract), employers must specify:
- Pay: base salary and each supplement listed separately, payment frequency and method, how variable pay is calculated, and the criteria for earning it.
- Working time: length and distribution of the working day, shifts, and the circumstances and procedures for changing them. Also overtime and how it is paid, holidays and how they are scheduled, and, where applicable, irregular distribution of working hours with the related notice periods.
- Probation, training and termination: the probationary period, training, and how the contract can be terminated.
- Collective agreement and benefits: the applicable collective agreement (code, publication date and term), the entity collaborating with the Social Security system, voluntary benefit improvements, and pension plans.
- Changes to the job: the circumstances and procedures under which duties, job category, pay or working hours could change.
For several of these points, a precise reference to the law or the applicable collective agreement is sufficient (art. 3.3). Spain’s Public Employment Service (SEPE) has published an official template information document, although its use is not mandatory.
Algorithms, Equality and Harassment: New Topics in Employment Law in Spain
One of the most striking changes to Spanish employment law is the explicit reference to algorithmic or automated decision-making systems. If the employer uses them, it must tell workers in writing that they exist. If the systems are used to determine working conditions, the employer must also explain the parameters, criteria, and rules underlying them (art. 3.2.k). Examples include how working hours are distributed or how careers progress.
The employer must also identify the applicable equality plan and its protocol against sexual and gender-based harassment. Where they exist, it must also report:
- Its work–life balance policy, if it improves on the legal minimum.
- Its measures and resources for the equality of LGBTI people.
What Happens With Existing Employees Under Spanish Employment Law?
Anyone joining from 5 October 2026 onwards must receive all this information in writing before their employment begins, without having to ask for it.
Existing staff do not receive it automatically, but they can request any information they lack. That includes changes made before 5 October. If they ask, the employer has 30 working days from receiving the request to provide it (sole transitional provision). In Spain, working days (días hábiles) generally exclude Saturdays, Sundays and public holidays, so the deadline is longer than 30 calendar days.
Under Spanish employment law, later changes must be communicated without anyone having to ask, including to existing staff. If the employer modifies any condition it must report on, such as pay, working hours or shifts, it must say so in writing as soon as possible. The deadline is the day on which the change takes effect, at the latest (arts. 5 and 7.3). There is one exception: if the contract only referred to a law or collective agreement and that rule is the one that changes, no notice is needed (art. 5.2).
How to Prove the Worker Received the Information
Under Article 6.2, the information can be provided on paper or electronically. In either case, the worker must be able to access, store and print it. The employer must also keep proof of transmission or receipt.
Spanish employment law does not specify what proof is valid or how long it must be kept. Each employer has to decide, and that choice can make all the difference in an inspection or an employment dispute. If you cannot show what information you provided and when, you will find it harder to defend, for example, the agreed probationary period or notice periods.
That is why it makes sense to choose a method that can prove four things:
- What exact document was delivered. If the information is split between the contract and an annex, this applies to both.
- Who received it.
- When it was delivered.
- That nobody has altered it since.
Here is how the most common delivery methods compare under Spanish employment law:
| Method | Meets format requirements (art. 6.2)? | Proof of transmission or receipt | Limitations |
| Paper signed by the worker | Yes | Handwritten signature and date | Hard to manage at scale and for remote onboarding |
| Standard email | Yes, if the document can be downloaded and printed | Limited: shows it was sent, but does not guarantee receipt or that the content was not altered | Easy to challenge |
| Employee portal or intranet | This depends on whether it allows downloading and printing | Internal access logs | It may not be active before day one, and the worker may lose access after leaving. Temporary links do not guarantee retention |
| Electronic signature of the document | Yes | The worker’s signature, date and time on the exact document | Requires a signature tool |
| Registered electronic communication via a third party | Yes | Independent evidence of the content, sending, delivery, date and time | Requires a provider |
Non-Compliance: Fines and Risks Under Spanish Employment Law
Suppose the employer fails to provide the information on time, or does not answer an existing employee’s request within 30 working days. The worker can then report it to the Labour and Social Security Inspectorate (Inspección de Trabajo) or file a claim with the employment courts (juzgado de lo social).
Are you an employee in Spain? Keep proof of your request. A Lleida.net registered email proves what you sent and the exact date and time it was delivered.
For the employer, the fine is not the only risk. Failing to provide written information on the terms and within the deadlines set by the decree is a minor offence under art. 6.4 of Spain’s Law on Social Order Infringements and Sanctions (LISOS). It carries fines of €70 to €750. But the costliest consequence is often being unable to prove what information was given and when. That is why it pays to log every request and respond with proof of delivery.
How to Comply Using eSignatures and Registered Communications
The most practical way to meet this Spanish employment law requirement (art. 6) is to combine two elements in one electronic channel:
- It delivers the document in an accessible format that the worker can save and print.
- It generates proof of transmission or receipt simultaneously.
Lleida.net is a trust service provider under Regulation (EU) No 910/2014 (eIDAS) and Spanish Law 6/2020. Its solutions let you send the information, collect signatures and keep proof of delivery:
- Click & Sign: simple, advanced or qualified electronic signatures with full legal validity for employment contracts. You send the contract and the information document through registered channels such as SMS, RCS, email or WhatsApp. The worker’s signature arrives instantly and serves as acknowledgement of receipt.
- Registered email: sends the document with evidence of its content and the date and time of delivery to the recipient’s server.
- Registered SMS: a notification with a link to download the document, plus evidence of delivery.
- Registered RCS and WhatsApp: send the document, or a download link, with evidence of delivery and of access to the content.
Checklist: Adapting Your Business to the New Spanish Employment Law Rules
Royal Decree 723/2026 is already in force, so the first step to comply with Spanish employment law is to review how you currently inform your workforce:
- Review your contract templates. Check whether they cover every item in art. 3.2. If not, add an information document, either the SEPE template or your own.
- Identify the new topics that apply to you: algorithmic systems affecting employment decisions, equality plan, harassment protocol, work–life balance policy and LGBTI measures.
- Set up a channel for communicating changes to working conditions. It must also allow you to deliver the information in a way you can substantiate.
- Prepare a procedure for requests from existing staff. Respond within 30 working days and keep the proof.
- Adapt the information for employees with disabilities or limited intellectual capacity: Employers must ensure that the information is provided in a format that is accessible, clear and easy for them to understand (Art. 6.3).
The goal is twofold. Each worker should receive clearer, more complete information about their working conditions in Spain, and you should have proof to present during an inspection or a dispute. If you have not yet adapted your processes, digital, traceable tools can turn a legal obligation under Spanish employment law into a means of preventing future disputes.
FAQ: Spanish Employment Law and Royal Decree 723/2026
What is the main source of employment law in Spain?
The Workers’ Statute (Estatuto de los Trabajadores) is the core of Spanish employment law. It is complemented by sector collective agreements and by regulations such as Royal Decree 723/2026.
Does Royal Decree 723/2026 apply to foreign companies?
It applies to employment relationships within the scope of the Workers’ Statute. If you employ staff in Spain under Spanish employment law, the obligations apply wherever your company is headquartered.
When must the information be provided?
Under Spanish employment law, new hires must receive it in writing before their first working day. Changes to working conditions must be communicated by the day they take effect.
Do notice periods have to be included in the written information?
Yes. Termination of the contract is among the topics employers must inform about in writing. For several points, a precise reference to the law or the applicable collective agreement is enough.
What is the fine for non-compliance?
Under Spanish employment law, failing to provide the information correctly is a minor offence (LISOS), punishable by a fine of €70 to €750. The bigger risk is being unable to prove what was delivered and when.