Royal Decree 723/2026 of 9 September (published in the BOE, Spain’s Official State Gazette, on 15 September 2026) partially transposes Directive (EU) 2019/1152 and replaces Royal Decree 1659/1998. From 5 October 2026, employers must provide, in writing, information on the essential elements of the employment contract before the employment relationship begins.
What information must be provided, and when?
The general information must be provided before the employment relationship begins. This requirement is deemed met if all of it is already set out in the written contract held by the employee.
If the contract only covers part of it, the rest must be provided in writing. This applies to employment relationships lasting more than four weeks.
What must the pre-employment information sheet include?
- Identity of the parties, start date and, where applicable, end date or expected duration.
- Workplace or workplaces (including remote or mobile work).
- Job duties, professional category or group and, for fixed-term contracts, the legal ground and the circumstances justifying it.
- Pay: base salary, supplements, payment frequency, payment method and variable pay.
- Working time: daily, weekly and annual working hours, night or shift work, overtime, holidays, irregular distribution of working hours and notice periods.
- Probationary period, training and termination procedure, including notice periods.
- Applicable collective agreement (code, publication, term of validity, extended validity after expiry).
- Social Security scheme, voluntary benefit enhancements and pension plans.
- Equality plan, harassment protocol and LGBTI measures, where they exist.
- Cases and procedures for possible changes to essential working conditions.
- Algorithmic or automated systems involved in decisions on working hours, tasks, pay, career progression, place of work or termination, together with the criteria on which they operate.
How must it be provided?
On paper or in an electronic format that can be accessed, stored and printed, with proof of transmission or receipt kept by the employer. It must be understandable for people with disabilities or borderline intellectual functioning. Any subsequent change must be communicated no later than the day it takes effect.
Does it apply to existing contracts?
For contracts already in force, employees may request the information, and the employer has 30 working days to provide it.
Our recommendation: Add a standard pre-employment information sheet to your hiring process, tailored to your collective agreement and management systems, delivered before the employee starts and with proof of receipt. Our firm can help you design it; if you wish, do not hesitate to contact us.