As of October 5th, workers in Spain now have a strengthened right to receive written information about the actual conditions of their employment, including how their salary is calculated, how their schedule may change, and the presence of algorithms used by the company to make decisions regarding tasks, promotions, or even the termination of contracts.
The change is based on the Royal Decree 723/2026, of September 9, which came into effect on October 5 and completely replaces the regulation that governed this matter since 1998.
The new regulation requires companies to provide much more detailed information about the essential elements of the contract and the main conditions under which the work is carried out.
The full text can be found in the Royal Decree 723/2026 published in the Official State Gazette.
The measure is of particular interest to the growing foreign population entering the Spanish labor market. CiberCuba reported this week that Spain now exceeds 3.6 million foreign workers registered with Social Security, among them a growing number of Cubans.
The company must provide written notice
The basic rule is that the company must provide the employee with written information about the essential elements of their contract and the main conditions of employment.
If all that information is clearly stated in the written contract that the worker has, the obligation is considered fulfilled.
But if the contract only includes part of the information, the company must provide the missing information in writing.
You can do it on paper or in electronic format, as long as the document is accessible, can be saved and printed, and the company retains proof of its delivery or receipt.
The salary should be much more detailed
One of the areas that the company needs to explain is compensation.
The worker must be aware of the amount of the base salary and each of the salary supplements separately, as well as their frequency and method of payment.
When there are variable concepts, the method used to calculate them and the criteria that determine when they are charged must also be indicated.
This is relevant for jobs where a portion of the income depends on incentives, goals, commissions, productivity, or other variables.
They should also explain the work schedule, shifts, and overtime
The new regulation requires reporting on the duration and distribution of the ordinary daily, weekly, and annual work hours.
It should be specifically indicated when part or all of the work is conducted at night or in shifts.
The worker also has the right to know the procedures that allow for changes in the duration or distribution of their workday and how shifts can be modified.
The information must also include the agreements related to overtime hours and their compensation.
Holidays and how they are set must also be noted
It is not enough to inform about the number of vacation days.
The company must also communicate the procedure through which it is determined when they can be enjoyed.
In jobs where there is an irregular distribution of the work schedule throughout the year, the employee should receive more details about the days and hours during which services may be required.
The minimum notice periods before starting a task or before canceling it must also be included.
More information for discontinuous fixed-term workers
When it comes to a fixed-discontinuous contract with irregular distribution, the company must inform about the periods of activity and inactivity or, when they cannot be precisely defined yet, provide an estimation.
The final confirmation may later take place through the appropriate call.
The trial period should also be explained
If there is a trial period, the company must inform about its specific duration and conditions.
The regulation also includes the obligation to explain the responsibilities of the company and the employee during the tests aimed at assessing suitability for the position.
This right to information does not mean that the Royal Decree has automatically created a new probationary period or extended its duration; it requires that the applicable conditions are clearly communicated.
The big news: knowing whether an algorithm makes decisions about you
One of the most significant changes in the Royal Decree is the explicit inclusion of algorithmic and automated systems in the information that must be provided to the worker.
If a company uses an algorithm or automated system to make decisions regarding working conditions, it must communicate its existence.
The information must also include the guidelines, criteria, and operating rules used by the system.
The regulation explicitly lists decisions related to:
The duration and distribution of the workday.
The assignment of tasks.
The determination of salaries.
Professional progression or promotion.
The place where the work is performed.
The termination of the contract.
Therefore, a company that uses automated systems to assign shifts, allocate routes, evaluate productivity, determine incentives, or influence other work-related decisions included in the regulation must provide the relevant information.
That doesn't mean they have to submit the source code
The obligation of transparency does not equate to the worker automatically having the right to access the complete source code of the software used by the company.
What the Royal Decree requires is to be aware that the system exists and to receive information about the guidelines, criteria, and rules it uses when intervening in labor decisions covered by the regulation.
Equality plan and protocol against harassment
The document must also inform about the existence and identification of the equality plan applicable in the company.
When there is a company policy on personal, work, and family reconciliation that develops the minimum legal requirements, this should also be indicated.
The company will also have to report on the protocol against sexual harassment and discrimination based on sex.
When appropriate, information about the measures aimed at achieving real and effective equality for LGTBI individuals must also be included.
The worker must know which collective agreement applies to them
The company cannot simply state generically that a collective agreement exists.
The new regulation requires providing data that specifically identifies the applicable agreement or agreements.
This includes the agreement code, the publication date in the corresponding official bulletin, its validity period, and, when applicable, its status of ultra-activity.
For a foreign worker who has just entered the Spanish labor market, understanding the collective agreement is particularly important because many conditions regarding salary, working hours, vacation, allowances, and professional classification are determined through that collective negotiation.
They should also explain how the contract can be terminated
The information must include the procedure for terminating the employment relationship.
Among the elements to explain are the formal requirements and the notice periods that the company or the employee must adhere to.
If it is not possible to provide a specific deadline at the time the information is delivered, at least the rules used to determine it should be explained.
Social Security and pension plans
Another development is more detailed information about social protection related to employment.
The company must identify the managing or collaborating entity of the Social Security used to cover the respective risks or benefits.
You should also inform about any voluntary improvements in social protection that you may offer.
When there are pension plans or funds promoted for the benefit of employees, they must be identified along with the contributions made to them.
What happens when someone starts a new job?
For new employment relationships, the general information stipulated in the Royal Decree must be provided before the employment relationship begins.
It is not necessary for everything to be included in the contract itself if the company provides additional documents containing the required information.
If those conditions change later, the company must inform in writing as soon as possible, and at the latest, on the same day the change begins to take effect.
And who were already working before October 5th?
Individuals who already had an active employment relationship when the Royal Decree came into effect can also benefit from the new information obligations.
In those cases, the worker may request in writing the information they still do not have.
The company has a maximum of 30 business days from when it receives the request to deliver it.
This may include general information about salary, working hours, algorithms, agreements, equality plans, and other regulated matters, provided that such information was not already in the possession of the worker.
Information about changes that occurred before the new regulation came into effect and must be communicated in accordance with its provisions can also be requested.
It does not apply in the same way to very short contracts
The general chapter on labor information applies to employment relationships lasting more than four weeks.
Fishermen and seafaring workers have specific chapters within the Royal Decree itself, while public employees are subject to the regulation with consideration for the particularities of their specific legislation.
Working abroad requires providing even more information
When a person is required to normally provide their services outside of Spain for more than four consecutive weeks, the company must provide additional information before their departure.
You must indicate the country where the work will take place, its duration, the currency in which the salary will be paid, travel allowances, accommodation, and per diems, and, if applicable, the conditions for repatriation.
For travel within the European Union or the European Economic Area, specific information about the applicable remuneration in the destination country must also be communicated.
The regulation does not imply an automatic salary increase
The Royal Decree primarily reinforces transparency and the right to receive information.
It does not establish a general wage increase, more vacation time, an automatic reduction in working hours, or new benefits for all workers.
What is compelling is that many of those conditions, when applicable, should no longer be difficult to find or interpret and should be communicated clearly to the worker.
What can a worker who is already employed ask for now?
Anyone who was hired before October 5 and does not have all this information can contact their company and request it.
Some of the most useful information you can verify includes the exact breakdown of salary, work schedule distribution, mechanisms for changing shifts, overtime pay, vacation rules, the applicable collective agreement, and termination procedures.
And if the company uses automated technology to make relevant decisions about its operations, it can verify whether there is an algorithmic system as outlined by the new regulation and request the legally required information.
For Cubans working in Spain, especially those who have recently entered sectors such as hospitality, construction, transportation, agriculture, or auxiliary services, understanding these regulations can help them gain a clearer insight into the actual conditions agreed upon by the company and the rights to information now recognized by Spanish legislation.
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