--- title: "New employment contract information rules in Spain from October 2026" description: "New employment information rules take effect in Spain on 5 Oct 2026. Find out what employers must do and what existing employees can request." featured_image: "https://simpleenglishadvice.com/wp-content/uploads/2026/09/signing-new-employment-terms-in-Spain-after-October-decree.jpeg.webp" url: "https://simpleenglishadvice.com/new-employment-contract-information-rules-in-spain-from-october-2026/" date_modified: "2026-09-18T13:53:31+00:00" --- # New employment contract information rules in Spain from October 2026 --- If you employ someone in Spain, there are new rules you need to know about from **5 October 2026**. The change isn’t about introducing a completely new type of employment contract. Its about making sure employees receive clear written information about their job, pay, hours and other important working conditions. Some of this information will already appear in a well-prepared employment contract. Other details may need to be provided in a separate document. For many small businesses, the sensible first step is simply to check the documents they already use and fill in any gaps. --- ### New Rules at a Glance - The new employment information rules take effect across Spain on **5 October 2026**. - They apply to employers and employees of every nationality, including foreign residents running businesses in Spain. - The main requirements cover employment relationships lasting more than four weeks. - New employees must receive clear written information about their working conditions **before they start work**. - This includes pay, hours, holidays, probation periods, notice requirements, the applicable collective agreement and Social Security arrangements. - Existing employees can request any required information they do not already have, and the employer normally has **30 working days** to provide it. - Employers should review their employment contracts and supporting documents now to identify and correct any missing information. --- ## What has changed? --- [Royal Decree 723/2026](https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-19200) expands the information that employers must provide to their employees in writing. It replaces the previous 1998 rules and brings Spanish law into line with [EU rules on transparent and predictable working conditions](https://employment-social-affairs.ec.europa.eu/policies-and-activities/rights-work/labour-law/working-conditions/transparent-and-predictable-working-conditions_). The new requirements apply across Spain. They aren’t limited to Spanish employers or Spanish workers. This means they also affect: - Foreign residents who own or manage a business in Spain. - Autónomos who employ one or more people. - Spanish companies owned by foreign nationals. - Foreign employees working under Spanish employment law. The main information requirements apply where the employment relationship lasts for more than four weeks. --- ## When do the new rules begin? --- The Royal Decree was published in the BOE on 15 September 2026 and comes into force on 5 **October 2026**. For someone starting a new job on that date, they must provide the required information **before they start work.** If the employment contract already includes all the required information, the employer doesn’t need to repeat it in another document. If the contract includes only some of it, the employer must provide the missing details separately in writing. The information can be provided on paper or electronically. If it’s sent electronically, the employee must be able to access, save and print it. The employer should also keep proof that it was sent or received. --- ## What information must an employer provide? --- The list is quite detailed, but much of it is information a responsible employer should already be giving to staff. It includes: - The identity of the employer and employee. - The employment start date. - The expected end date or duration if the contract is temporary. - The company address and the employee’s usual place of work. - Details of remote, mobile or variable-location working where relevant. - A clear description of the role and professional category. - The reason for using a temporary contract and how that reason relates to its expected duration. - The basic salary and each salary supplement, shown separately. - How variable pay is calculated and when it’s paid. - Normal daily, weekly and annual working hours. - Shift, night-working and overtime arrangements. - Holiday entitlement and how holiday dates are agreed. - The duration and conditions of any probationary period. - Training provided by the employer. - Notice periods and the procedure for ending the employment relationship. - The applicable collective agreement, including enough detail to identify it properly. - The Social Security managing or collaborating entity used by the business. - Any workplace pension arrangements or voluntary improvements to Social Security protection. Employers may refer to legislation or the applicable collective agreement for some details, but the reference must be precise. A vague sentence saying that everything is governed by “current legislation” may not be enough. --- ![Reviewing detailed employment conditions in Spain](https://simpleenglishadvice.com/wp-content/uploads/2026/09/Reviewing-detailed-employment-conditions-in-Spain.jpeg.webp) --- ## Working hours need to be explained clearly --- Working hours are one area where the new rules require more detail. The written information should explain the normal working pattern, including the length and distribution of the working day, week and year. It should also cover any procedure for changing hours or shifts. If working time is distributed irregularly, the employer should identify when work may be required and the minimum notice given before a task starts or is cancelled. For fixed-discontinuous contracts, the document should include the periods of activity and inactivity, or at least a reasonable estimate if exact dates aren’t yet available. This could be particularly relevant to hospitality, tourism, property services and other seasonal businesses on the Costa del Sol. --- ## Employers must disclose certain automated decisions --- One of the more modern parts of the new rules concerns automated or algorithmic systems. If a business uses software or an automated system to make employment decisions, the employee may need to be told that it exists and how it works. This can include systems used to: - Allocate tasks. - Decide working hours or shifts. - Calculate or change pay. - Assess promotion or career progression. - Choose where someone works. - Make decisions connected with ending employment. This won’t affect every small business. Using ordinary payroll software doesn’t necessarily mean that an algorithm is making employment decisions. However, businesses using scheduling, performance-management or platform-based work systems should check whether this section applies to them. --- ## Equality and workplace policies --- The information supplied to employees must also identify the company’s applicable equality plan, where one exists. It should include information about relevant work-life balance policies and the company’s sexual-harassment and sex-based harassment protocol. Where applicable, it should also cover measures intended to achieve real equality for LGBTI employees. Not every small business is legally required to have every type of plan. The requirement is to explain the policies and measures that apply to that particular business. --- ## What happens with existing employees? --- Businesses **don’t** automatically have to cancel and replace every employment contract on 5 October. For an employment relationship already in force on that date, the employee can request the information covered by the new rules if they haven’t already got it. The employer then has **30 working days** from receiving the request to provide it. If an employment condition changes after 5 October, the employer must provide written information about the change as soon as possible, and no later than the date the change takes effect. So, although a complete rewrite of every existing contract isn’t automatically required, it’s still worth checking current contracts and supporting documents now. Waiting until an employee asks for the information can create unnecessary pressure. --- ## What if an employee is sent to work abroad? --- Extra information is required when an employee will normally work outside Spain for more than four consecutive weeks. Before departure, the employer may need to confirm: - The country or countries where the work will take place. - How long the overseas work is expected to last. - The currency in which salary will be paid. - Expenses, allowances and other benefits connected with the assignment. - Whether repatriation is available and its conditions. Employees posted temporarily to another EU or European Economic Area country have additional requirements, including information about applicable pay and a link to the host country’s official posted-worker information website. This section may matter to international businesses and remote-working companies with staff who move between Spain and other European countries. --- ![Small business team in Spain.jpeg](https://simpleenglishadvice.com/wp-content/uploads/2026/09/Small-business-team-in-Spain.jpeg.webp) --- ## What should small employers do now? --- There’s no need to panic or produce a huge new company handbook overnight. This ***is*** Spain! A practical approach would be to: 1. Review the employment-contract template currently used by the business. 2. Compare it with the new list of required information. 3. Prepare a separate information document for anything that doesn’t belong naturally in the contract. 4. Check the correct collective agreement for each role. 5. Review policies covering equality, harassment and work-life balance. 6. Check any software that influences shifts, tasks, pay or performance decisions. 7. Decide how documents will be delivered and how proof of delivery will be kept. 8. Speak to an asesor laboral if any employment terms or contract types are unclear. The Ministry of Labour, through SEPE, is expected to provide an official information-document template. However, the obligation doesn’t depend on that template being available. Businesses still need to comply from 5 October. --- ## Clear paperwork protects both sides --- These rules create some extra work, as always, but the basic idea is sensible. Employees should know exactly what they’ve agreed to, and employers should have a clear written record of the terms they’re applying. Good paperwork helps avoid later arguments about pay, hours, holidays, notice periods, and responsibilities. If you employ staff in Spain and you’d like a second pair of eyes on your paperwork, **Simple English Advice can review your employment contracts and supporting information, identify details that may be missing and help you get the documents organised.** Where a contract raises a legal, payroll or collective-agreement issue, we’ll link you with a trusted, qualified labour adviser. Our role is to make the paperwork easier to understand and help you spot questions that need answering before they become problems. If you need [help with Spanish paperwork and administration](https://simpleenglishadvice.com/services/), or you’d like us to review your employment contracts and information documents, [contact Simple English Advice](https://simpleenglishadvice.com/contact/). Official source: Royal Decree 723/2026, published in the BOE. *This article provides general information and isn’t a substitute for individual employment-law advice.*