Information in the employment contract 2026: what the new Royal Decree requires

Employment contract information will change significantly in 2026 for all companies that hire staff. The Official State Gazette (BOE) published Royal Decree 723/2026 on September 15, 2026, a regulation that completely updates the information obligations regarding working conditions that all companies must provide to their employees. It replaces a 1998 regulation that had fallen short and incorporates the European Directive on transparent and predictable working conditions into Spanish law.

This is not a simple tweak. The list of mandatory information has been significantly expanded, deadlines have been tightened, and new elements have been introduced, such as the obligation to report on algorithmic systems that may affect working conditions. Let’s take it one step at a time.

When does it come into effect and who does it affect?

The regulation enters into force on October 5, 2026, twenty days after its publication. It repeals and replaces the former Royal Decree 1659/1998.

It generally applies to all companies and workers. However, it’s important to understand one key distinction: the section regulating information on the essential elements of the contract is only mandatory for employment relationships lasting more than four weeks. There are also specific regulations for contracts for fishermen and seafarers, which we will discuss later.

The information in the employment contract must be in writing

This obligation is considered fulfilled if all the information is already included in the written employment contract. If the contract only partially includes it, the company must provide the missing information in writing, within the timeframes established by law. This general information must be provided before the employment relationship begins.

Article 3 of the Royal Decree details a comprehensive list of minimum requirements. We have grouped them into thematic blocks for easier understanding:

Identification
Identity of the parties, registered office, workplace or workplaces (including the case of remote work, itinerant work or with freedom of choice of workplace).

Duration and content
Start date and, if temporary, the end date or expected duration; content of the work service; in temporary contracts, the specific reason that justifies this modality and its relationship with the agreed duration; category or professional group described with sufficient precision.

Salary
Amount of the base salary and each salary supplement separately, frequency and method of payment; and, if there are variable items, how they are calculated.
Working time Duration and distribution of working hours (daily, weekly, annual), night or shift work, procedure for modifying working hours, agreement on overtime, duration of vacation and the procedure for taking vacation. If working hours are irregular, the system for setting them, notice periods, and, in the case of fixed-term intermittent workers, the estimated periods of activity and inactivity must be detailed.

Probationary period
Specific duration (within the legal limit of six months, except for exceptions by agreement) and the obligations of the company and the employee during that period.

Training
The right to training provided by the company.

Temporary employment agency (ETT)
If the worker is provided by a temporary employment agency, the identity of the user company and the reason for the temporary placement contract.

Algorithmic systems
If there are automated decision-making systems that affect working hours, tasks, salary, promotion, workplace, or termination of contract, their guidelines, criteria, and operating rules must be explained.

Equality
Existence and identification of the equality plan, work-life balance policy (if it improves upon the legal minimum), protocol for sexual harassment or harassment based on sex, and, where applicable, the plan of measures for the equality of LGBTI people.

Termination
Contract termination procedure, formal requirements and notice periods (or, if not yet known, how they will be determined).

Collective agreement
Data that allows it to be identified (code, publication date), its period of validity and, where applicable, whether it is in ultra-activity.

Social Security
System of collaboration with Social Security applied by the company (mutual or direct collaboration), voluntary improvements to the protective action, and pension plans or funds, with the contributions made.

Modifications
Cases in which the essential elements of the contract and the procedure to be followed could change.

The most significant changes include information on algorithmic or automated decision-making systems, the required detail regarding irregular working hours, and the obligation to report on voluntary benefits, pension plans, and funds. These are points that many current contracts do not cover with this level of detail.

If the work is performed abroad

When an employee will regularly provide services outside of Spain, the company must also provide information on the country or countries where the work will be carried out. If the assignment is to another EU Member State or a European Economic Area Member State as part of a transnational service provision, the company must also provide the corresponding remuneration according to the legislation of the host country, the reimbursement system for travel, accommodation, and subsistence expenses, and a link to that country’s official portal on relocation.

This additional information must be submitted before departure abroad, and is not required if the period of work outside of Spain does not exceed four consecutive weeks.

How should the information be delivered?

The standard allows paper or electronic format, as long as it is accessible to the worker, can be stored and printed, and the company retains proof of transmission or reception. That is to say: an email or a document on the intranet is fine, but it is advisable to keep records that it was sent and that it arrived.

For workers with disabilities or borderline intellectual functioning, the company must ensure that all information is also accessible and understandable.

Changes to the conditions: the deadline is tightened

When the reported conditions change, the company must communicate this in writing as soon as possible and, at the latest, on the same day the change takes effect. This is a tight deadline, so it’s advisable to incorporate this procedure into the standard personnel management process to avoid leaving it until the last minute.

Official SEPE forms

The SEPE must publish, within a maximum period of twenty days from the publication of the royal decree, a model informative document with the content of articles 3, 4 and 5, accessible from its website. However, the fact that the model takes time to be published does not exempt the company from complying: as long as it does not exist, the information must be provided by any means that guarantees its consistency and accessibility.

What about contracts that are already in force?

The regulation provides for a transitional regime for employment relationships that were already in force on the date of entry into force:

  • If the employee requests it, the company has 30 working days from receipt of the request to provide the information in articles 3 and 4 (provided it is not already in its possession), in addition to any modification prior to entry into force.
  • For modifications that occur after the entry into force, the general deadline applies directly: as soon as possible and, at the latest, on the day the change takes effect.

In practice, this means that it is not necessary to rewrite all existing contracts automatically, but it is necessary to be prepared to respond with complete documentation if a worker requests it.

Fishermen and seafarers: a separate regime

Chapters III and IV specifically regulate the contracts of fishermen and seafarers working on board vessels flying the Spanish flag, regardless of the contract’s duration. These contracts must always be formalized in writing, and their minimum content is expanded in line with the general regulations (working hours, rest periods, probationary period, training, algorithmic systems, equality plan, etc.). The SEPE (State Public Employment Service) will also publish, within twenty days, contract templates in Spanish and English for these groups.

What your company should do with employment contract information in 2026

  1. Review your current contract templates against the list in Article 3: it is very likely that points such as algorithmic systems, the equality plan or pension plans are missing.
  2. Define an internal procedure for communicating changes in conditions within the adjusted timeframe required by the standard.
  3. Have a protocol ready to handle requests from workers with contracts prior to October 2026, given the 30-business-day deadline.
  4. Keep an eye on the publication of the SEPE template, which can simplify much of the paperwork.

Do you want us to review your contracts?

At Gatefi, we can adapt your contract templates and internal procedures to the new requirements of Royal Decree 723/2026 before it comes into effect. Contact us and we’ll prepare it together.

This is an informational content; it does not constitute personalized advice.