Royal Decree 723/2026 of 9 September was published in the Spanish Official State Gazette (BOE) on 15 September 2026 and has been in force since 5 October. Since then, anyone who hires a worker for more than four weeks must give them, in writing and before they start work, much more information than before. The decree transposes into Spanish law Directive (EU) 2019/1152 on transparent and predictable working conditions.
What changes
The duty to inform already existed, but the list was short and there was time to comply. Now:
- The information is given before the first day of work, not afterwards.
- The list is much longer. Besides pay, working hours and job category, employers must explain how variable pay is calculated, the specific schedule and how it may change, whether the company uses algorithms or automated tools that make decisions about the worker, the equality plan, the harassment protocol and LGBTI measures (if any), the Social Security managing or collaborating body (the mutual insurer), voluntary benefits and pension plans, and when conditions may be changed.
- For fixed-term contracts, the specific reason must be explained. Quoting the article of the Workers’ Statute or the collective agreement is not enough.
- It must be in writing, on paper or electronically, and the company must be able to prove that it was delivered.
- Any later change must also be notified in writing, at the latest on the day it takes effect.
Who is affected
- Contracts longer than four weeks. Contracts of four weeks or less are outside this extension. Even so, the contract must be in writing in the cases listed in art. 8.2 of the Workers’ Statute (part-time, permanent seasonal, training or relief contracts, among others) and, in practice, it is always advisable.
- Existing staff. If they ask for this information, the company has 30 working days to provide it.
What happens if you do not comply
Failing to inform the worker in writing is a minor offence under the Spanish Employment Offences and Penalties Act (LISOS, art. 6.4). But the greater risk arises in a labour inspection or in court: without this information properly documented, the company has no evidence. For example, a fixed-term contract without a well-explained reason may end up being treated as permanent.
How to act
- Before each hire, gather all the details: duties, salary and variable pay, schedule, collective agreement, internal protocols and, for fixed-term contracts, the specific reason.
- Prepare the contract and the information document early enough to also register the worker with Social Security, which must be done before they start.
- Give the documents to the worker before they start and keep proof: a signed copy or the sending email.
- Notify any later change in writing before applying it.
At AP Asesores we have given our clients a form and a procedure for every new hire. If you want to know how to apply RD 723/2026 in your company, contact us.
Source: Royal Decree 723/2026 of 9 September (BOE-A-2026-19200). Legislation: arts. 2.2, 3, 5, 6 and 7 and sole transitional provision of RD 723/2026; art. 8.2 and 8.5 of the Workers’ Statute (Royal Legislative Decree 2/2015); art. 6.4 of the LISOS (Royal Legislative Decree 5/2000).
