Spain transposes the European directive on transparent and predictable working conditions

The Official State Gazette publishes this Tuesday, September 15, 2026, in issue number 228, Royal Decree 723/2026, of September 9, which transposes Directive (EU) 2019/1152 of the European Parliament and of the Council, of June 20, 2019, on transparent and predictable working conditions in the European Union. The regulation, promoted by the Ministry of Labour and Social Economy, was approved by the Council of Ministers at its meeting on September 8 and enters into force twenty days after its publication.

The royal decree develops article 8.5 of the consolidated text of the Workers’ Statute Law, approved by Royal Legislative Decree 2/2015, and entirely replaces Royal Decree 1659/1998, of July 24, which is hereby repealed. The transposition is partial, given that a large part of the directive’s obligations were already included in the current legal system, and it is issued under the exclusive competence of the State in matters of labor legislation (article 149.1.7.ª and 18.ª of the Spanish Constitution).

Expansion of information rights

The company must inform workers in writing about the essential elements of the contract and the main conditions for the execution of the labor provision, prior to the start of the employment relationship. Among the novelties, the obligation to inform about the existence of algorithmic or automated decision-making systems stands out, in line with the Regulation (EU) 2024/1689 on artificial intelligence.

The information must include, at a minimum, the following points:

• Identity of the parties, start date and, where applicable, duration of the contract.
• Base salary and supplements, including their periodicity and payment method.
• Working day, hourly distribution, overtime, and vacations.
• Probationary period, right to training, and applicable equality plan.
• Procedure for contract termination and notice periods.
• Applicable collective agreements and the collaboration system in the management of Social Security.

In cases of service provision abroad, the information is expanded to include the destination country, duration, payment currency, and repatriation conditions. Modifications to these conditions must be communicated in writing no later than the day the change takes effect.

Specific regulation for fishing and seafarers

Chapters III and IV of the royal decree establish specific provisions for the employment contracts of fishers and seafarers providing services on board vessels flying the Spanish flag, regardless of their duration. In both cases, the contract must always be formalized in writing and include minimum content ranging from the identity of the shipowner and the vessel to health coverage, repatriation, and the conditions for termination of the contract.

For seafarers, the reference is the Maritime Labour Convention, 2006 (MLC, 2006), in its amended version. The Ministry of Labour and Social Economy, through the State Public Employment Service, must make available to companies and workers, within a maximum period of twenty days, a model information document and contract templates for fishers and seafarers, written in Spanish and English.

Application to existing relationships

The sole transitional provision guarantees that the new rights also apply to employment relationships in force upon the entry into force of the regulation. Thus, the company must provide the information provided for in Article 3 to the worker who requests it, within thirty business days from the receipt of the request, provided it was not already in their possession.

The regulation consists of fourteen articles, two additional provisions, one transitional, one repealing, and four final provisions, and was signed by Felipe R. at the proposal of the Second Vice President of the Government and Minister of Labour and Social Economy, Yolanda Díaz Pérez, with the prior approval of the Minister for Digital Transformation and the Civil Service and in accordance with the Council of State.

Source: Official State Gazette, no. 228, September 15, 2026, Sec. I, page 122210 (official reference: BOE-A-2026-19200).