Ministry of Work opens public consultation on a new draft law to enhance whistleblowers' protection

At a glance

• In December 2025, Spain’s Ministry of Labour and Social Economy launched a public consultation on a draft law to amend the Workers’ Statute and the Law on Social Jurisdiction.
• The new draft law mainly clarifies and consolidates whistleblower protections already present in Spanish law.
• No significant new obligations or costs for employers; existing requirements for internal reporting channels remain unchanged.
• Retaliation or discrimination against whistleblowers continues to be strictly prohibited and legally void.
• Protections now explicitly extend to candidates, former employees, volunteers, and family members involved in reporting.

In December 2025, Spain’s Ministry of Labour and Social Economy launched a public consultation on a draft law to amend the Workers’ Statute and the Law on Social Jurisdiction. The proposed changes focus on strengthening protections for employees who report regulatory breaches or corruption. For employers, it’s important to recognise that this legislative update does not represent a radical shift in Spanish law. Instead, it consolidates and clarifies protections that existed for whistleblowers in Spain.

The Law 2/2023, enacted earlier, already transposed the EU Directive 2019/1937 on whistleblowing into Spanish law, establishing a robust framework to protect individuals who report violations of law or serious misconduct. The new draft law primarily serves to align the Workers’ Statute and related procedural rules with this framework, ensuring consistency and legal certainty.

Most of the protections for whistleblowers were already embedded in Spanish law. Employees who reported wrongdoing were protected against dismissal, discrimination, or any form of retaliation. The courts have consistently upheld the principle that adverse actions taken against whistleblowers are null and void unless the employer can demonstrate legitimate, unrelated grounds.

The latest draft proposal clarifies and reinforces these principles. They explicitly prohibit discrimination or unfavourable treatment of employees who report infractions, whether during recruitment, employment, or even after the employment relationship has ended. The law also extends protection to candidates, volunteers, and family members who may be involved in reporting or supporting whistleblowers. Therefore, if finally approved by the government and then the Parliament it will reinforce existing obligations and provide greater legal clarity, helping organisations foster a culture of transparency and integrity. By maintaining robust reporting mechanisms and ensuring fair treatment for all employees.