New employment information obligations: what changes for companies under Royal Decree 723/2026?
Companies must pay particular attention to the information they give their employees about the terms of their employment. It is not enough to identify the job or set the pay: they must also clearly communicate matters such as how working hours are distributed, salary supplements, vacation and the conditions that apply to possible changes.
To this end, Royal Decree 723/2026 of September 9 (Real Decreto 723/2026, de 9 de septiembre) implements the obligations to inform workers about the essential elements of the employment contract and strengthens the transparency and predictability of employment relationships.
The regulation, which came into force on October 5, 2026, partially transposes Directive (EU) 2019/1152 into Spanish law and sets obligations that affect both new hires and existing employment relationships.
What information must companies give their employees?
One of the main features of the Royal Decree is that it specifies the information workers must receive about the essential terms of their employment.
The elements that must be communicated include:
- Identification of the parties and the position: the identity of the company and the worker, the start date and, where applicable, the end date of the employment relationship, the workplace, duties and professional group or category.
- Pay: base salary, an itemized breakdown of salary supplements, frequency and method of payment, and the criteria for calculating variable components.
- Working hours: duration and distribution of working time, including the specific features of night work and shift work and the procedures that apply to changes in working hours or shifts.
- Overtime: agreements on when it is worked and how it is paid.
- Vacation and probationary period: length of vacation and how the dates are set, as well as the conditions and notice periods that apply to the probationary period.
- Fijo-discontinuo contracts (permanent contracts for seasonal or intermittent work): periods of activity and inactivity, or an estimate of them.
The goal is for workers to understand clearly the essential conditions under which they will carry out their work.
When and how must this information be provided?
The company must provide the required information before the employment relationship begins.
It may be given on paper or electronically, provided accessibility is guaranteed and the conditions set by the regulation are met.
The information must also be accessible and understandable for workers with disabilities.
The obligations also extend to employment relationships that were already in place when the Royal Decree came into force.
In these cases, workers may request the relevant information, and the company has 30 business days to provide it.
Another important point is the obligation to communicate in writing any changes to the essential terms of employment. This information must be provided as soon as possible and, at the latest, on the day the change takes effect.
Companies must therefore pay attention not only to the information they provide at the time of hiring, but also to keeping it up to date whenever significant changes occur.
What happens when an employee works abroad?
The Royal Decree sets additional obligations for companies that send workers abroad.
In these cases, in addition to the general information about the employment relationship, certain conditions linked to the posting must be communicated.
These include the country where the work will be performed, the expected duration of the assignment, the currency in which the salary will be paid and any cash or in-kind benefits that apply.
Compensation for expenses, travel and per diem allowances must also be specified, as well as the benefits associated with the posting.
Where repatriation of the worker is planned, the applicable conditions must also be stated.
This additional information must be provided before departure.
Postings to other European Union Member States
When the posting is to another Member State of the European Union, there are further information requirements.
The company must communicate the pay to which the worker is entitled under the law of the host State, the rules on reimbursement of travel, accommodation and subsistence expenses, and any specific posting allowances.
It must also provide the link to the official website of the host State that sets out information on the posting of workers.
These provisions reinforce the need for companies with international operations to carefully review the employment terms they communicate before posting their staff.
New provisions for work in fishing
The Royal Decree also introduces specific provisions for employment relationships in the fishing sector.
These provisions apply to fishers working on board fishing vessels flying the Spanish flag or registered under the full jurisdiction of Spain, regardless of the duration of the employment relationship.
Key obligations include formalizing the contract in writing and providing information on its essential terms.
Fishers may seek legal advice before signing their employment contract.
The contract must also be kept on board and made available to the competent authorities, with the exceptions provided for certain smaller vessels that do not enter foreign ports.
What must a fisher's employment contract include?
The regulation sets minimum content that includes, among other things, the identification of the vessel owner, the fisher and the vessel, the planned routes, the place and date of joining the vessel and the professional category.
It must also set out the pay conditions, working hours and rest periods, vacation, health and Social Security coverage, the conditions for termination of the contract and the right to repatriation where applicable.
These requirements aim to strengthen legal certainty and awareness of working conditions in a sector with its own particular features.
A specific regime for seafarers
The regulation also includes a chapter devoted to people who work on board vessels flying the Spanish flag or registered under the full jurisdiction of Spain.
This regime sets specific obligations on information and on the content of employment contracts, taking into account the particular features of maritime activity and the applicable international rules.
Its purpose is to strengthen contractual transparency and ensure that workers know the essential terms of their employment.
What should companies review now that the Royal Decree is in force?
The application of Royal Decree 723/2026 makes it advisable to review internal procedures for hiring and for communicating employment terms.
In particular, companies should check that the information given to their employees covers the required elements, that suitable mechanisms exist to communicate changes and that they can respond to information requests from people who are already employed.
For companies with workers posted abroad or with activities in the maritime and fishing sectors, this review must take into account the specific obligations that apply to each case.
Transparency in working conditions is not limited to the moment a contract is signed. It also requires keeping workers informed about the essential elements of their employment and any changes to them.
At Aray Asociados we advise companies and professionals on employment law, helping them interpret regulatory changes and adapt their procedures to the applicable legal obligations.
