The Spanish government consults on new rules for transparent and predictable working conditions

At a glance

• Spain has launched a public consultation on a draft Royal Decree (Decree) to partially transpose EU Directive 2019/1152 on transparent and predictable working conditions (Directive).
• The Decree will replace Royal Decree 1659/1998 and formalise additional employee information rights already partly reflected in Spanish law.
• Employers will be required to provide detailed written information on essential employment terms, either in the contract or in a separate document.
• Enhanced disclosure obligations apply to remuneration structures, working time arrangements, training rights and policies on equality and work‑life balance.
• Additional information is required for employees working abroad, and new timing, format and modification rules apply.
• It will apply to all workers under the Workers' Statute, with a 15-day timeframe for existing employees to request information, once the Decree is approved by the Council of Ministers and published in the Official Gazette. 

The Ministry of Labour and Social Economy has launched a public consultation on a draft Royal Decree that would partially transpose the Directive into Spanish law. The draft seeks to implement the Directive’s modernised framework, which requires workers to receive written information on their rights and obligations at the outset of the employment relationship. While much of the Directive is already reflected in Spanish legislation, certain information rights require formal transposition. Once adopted, the new Decree will fully replace Royal Decree 1659/1998.

The Decree will apply to undertakings and workers falling within Article 1 of the Workers’ Statute, excluding special employment relationships and those lasting less than four weeks.

Information on essential terms of employment

Employers must provide workers with written information on the essential terms of their employment and the main conditions governing the performance of their work. This requirement is satisfied where the information is already contained in a written employment contract held by the worker, although any missing details must be provided separately.

The information to be disclosed includes, among other matters, the identity of the parties; the start date and, where applicable, the end date or expected duration of employment; the registered office and usual place of work; a description of the role; the professional category or group; detailed remuneration information (including base pay, supplements and variable pay criteria, particularly where algorithmic or automated decision‑making is used); working time arrangements (covering hours, overtime, holidays and any irregular distribution of working time); probationary periods; training entitlements; termination procedures and notice periods; applicable collective agreements; social security arrangements; and the existence of equality and work‑life balance policies.

Additional information for working abroad

Where a worker is required to work abroad, the employer must provide additional information covering the country or countries of work, the duration, the currency of payment, and any applicable allowances or repatriation arrangements. For postings within the EU or EEA, employers must also disclose the host Member State’s remuneration and expense reimbursement rules. These additional requirements do not apply where the period of work abroad does not exceed four weeks.

Means, timing, and modifications

Information may be provided in paper or electronic form, provided it is accessible, printable and storable, and the employer retains evidence of transmission. Core information (Article 2) must be supplied before the employment relationship begins, while any changes must be communicated as soon as possible and no later than the date on which they take effect.

Right to salary retention

Where an employer withdraws a previously assigned task without giving the agreed or collectively bargained notice, the worker remains entitled to their salary, with the cancellation treated as an employer‑attributable inability to provide work under Article 30 of the Workers’ Statute.

Transitional and final provisions

The Decree will apply to employment relationships already in force when it enters into effect, with employers required to provide the prescribed information within 15 working days of a worker’s request. The Public Employment Service will publish a standard information template online.