New employer obligations regarding information on employment conditions at the time of hiring

Purpose and scope of application (Articles 1 and 2)

Royal Decree 723/2026 of 9 September develops Article 8.5 of the Workers’ Statute and fully replaces Royal Decree 1659/1998. The regulation strengthens transparency and predictability regarding employment conditions and applies to companies and employees covered by the Workers’ Statute. The general information requirements apply to employment relationships lasting more than four weeks. Special employment relationships are covered under the terms established by their specific regulations. The regulation also applies to public employees, subject to the specific provisions of their applicable legislation.

Information to be provided (Article 3)

The employer must provide written information on the essential elements of the employment contract and the main conditions governing the performance of the work. The requirement is considered fulfilled for any information already included in the employment contract provided to the employee. If the contract only contains part of the required information, it must be supplemented by one or more written documents, and the employer must be able to provide evidence that they have been delivered to the employee.

• Identification and duration: identity of the parties, start date and, in temporary contracts, the end date or expected duration.
• Place of work: registered office, usual workplace and assigned workplace in the case of remote work. It must also indicate whether work may be carried out at different locations, at mobile or travelling workplaces, or whether the employee has the right to choose their place of work.
• Duties and classification: description of the work to be performed, professional category or group, and a sufficiently precise description of the position. In temporary employment, the reason for the temporary nature of the contract, the specific circumstances justifying it and its connection with the expected duration must be identified.
• Remuneration: amount of the basic salary and each salary supplement, payment frequency and method, as well as the calculation system and criteria for receiving variable remuneration.
• Working time: daily, weekly and annual working hours, working-time distribution, night work or shift work, changes to working hours or shifts, overtime, holidays and the procedure for determining when they are taken.
• Irregular working-time distribution and permanent seasonal employees: distribution system, reference hours and days, notice periods for starting or cancelling work, and an estimate of periods of activity and inactivity.
• Other conditions: duration and conditions of the probationary period, including detailed information on the “experiences that constitute the purpose of the probationary period”, the right to training provided by the employer and, in the case of employees supplied by a temporary employment agency, the identity of the user company and the reason for each assignment contract.

Collective and social protection information (Article 3)

• Equality and work-life balance: existence and identification of the equality plan; company work-life balance policy where it goes beyond the statutory minimum; and protocol on sexual harassment and harassment on grounds of sex.
• LGTBI measures: planned measures and resources aimed at achieving real and effective equality for LGTBI people, where the company has such measures in place.
• Collective bargaining agreement: specific identification, code, publication date, period of validity and, where applicable, status of continued application after expiry.
• Social Security and social protection: managing or collaborating entity covering the relevant contingencies, direct collaboration by the company, voluntary benefits, and pension plans or funds promoted by the company and the contributions made.
• Termination and possible changes: termination procedure, formal requirements and notice periods, as well as the circumstances and procedures applicable to changes in duties, professional classification, salary or working hours.

Algorithmic or automated systems (Article 3.2.k)

Where the company uses algorithmic or automated systems to make employment-related decisions, it must inform employees of their existence and explain their operating guidelines, criteria and rules. This requirement applies to decisions concerning working hours, task allocation, remuneration, career progression, workplace or termination of employment.

Provision of services abroad (Article 4)

Where the usual provision of services abroad exceeds four consecutive weeks, the employee must also be informed, before departure, of the countries concerned and duration, payment currency, remuneration and compensation, travel expenses, allowances, benefits linked to the assignment and, where applicable, repatriation conditions.

For temporary assignments to the European Union or European Economic Area, the information must also include the remuneration applicable in the host country, the arrangements for reimbursement of travel, accommodation and meals, specific allowances and a link to the official portal of the destination country.

Form and deadlines for providing information (Articles 5 to 7)

• New employment relationships: the general information must be provided before the employment relationship begins.
• Assignments abroad: the additional information must be provided before departure.
• Changes: these must be communicated as soon as possible and, at the latest, on the same day the change takes effect.
• Format: information may be provided on paper or electronically, provided that it is accessible, storable and printable, and that the company retains evidence of its transmission or receipt.
• Accessibility: the information must be accessible and understandable to people with disabilities or borderline intellectual capacity.

Existing employment relationships (sole transitional provision)

The new documentation does not have to be provided automatically to all existing employees. If an employee requests it and does not yet have all the required information, the company must provide it within 30 working days of receiving the request.

Any change affecting essential employment conditions must be communicated as soon as possible and, at the latest, on the same day the change takes effect. If the change results directly from a legal amendment or from a change to the applicable collective bargaining agreement, a new individual notification will not be required where the information already provided contains a precise reference to the relevant legislation or collective agreement.

Recommended actions for companies

• Review employment contract templates and check what information they already contain.
• Prepare an information annex to supplement any information not included in the contract.
• Adapt the onboarding process so that the contract and annex are provided before the employment relationship begins.
• Establish a communication process to document changes before or on the same day they take effect.
• Identify automated systems involved in employment-related decisions and prepare information on how they operate.
• Organise the response to employee requests from existing staff within the 30-working-day deadline.

Entry into force and official template (First Additional Provision and Fourth Final Provision)

The Royal Decree will enter into force on 5 October 2026. The Spanish Public Employment Service (SEPE) must make an information document template available to companies within a maximum period of twenty days from its publication. The availability of this template does not affect the enforceability of the obligations, which may be fulfilled through any appropriate document that ensures the information is properly recorded and accessible.