Information to the worker: what changes with Royal Decree 723/2026, in force since 5 October

Royal Decree 723/2026 of 9 September, published in the BOE on 15 September, partially transposes Directive (EU) 2019/1152 on transparent and predictable working conditions. It came into force on 5 October 2026, twenty days after its publication, and repeals Royal Decree 1659/1998, which until now regulated information to the worker on the essential elements of the contract.

The rule develops Article 8.5 of the Workers' Statute. For employment law firms it is a novelty of immediate application when advising companies. For any firm with employed staff, it is also an obligation of its own.

What must be reported

Article 3 obliges the employer to inform in writing of the essential elements of the employment relationship, unless they already appear in the written contract. The list in paragraph 2 is broad. Among the elements the rule highlights are:

• The probationary period, its length and conditions.
• The right to training provided by the employer.
• The existence of algorithmic or automated decision-making systems and their criteria, when they affect working hours, tasks, pay, progression, place of work or termination.
• Irregular distribution of working hours, with the minimum notice periods before the task and its cancellation.
• The cases for modification of the essential elements and the procedures for doing so.

The reference to algorithmic systems is especially relevant. A company that uses automated tools affecting, for example, working hours, tasks or pay must report their existence and criteria.

Work abroad

Article 4 requires additional information when work abroad exceeds four consecutive weeks.

How and when to inform

Under Article 6, the information can be given on paper or in electronic format, provided it is accessible, can be stored and printed and there is proof of sending or receipt. Access for people with disabilities must be guaranteed. Modifications must also be communicated in writing, under Article 5.

Scope

Chapter II, with the general rules, applies to employment relationships of more than four weeks. The rule includes specific chapters for the fishing sector and for seafarers.

Contracts that already existed

The single transitional provision provides that, in existing employment relationships, the information is provided if the worker requests it, within thirty working days.

Official templates

The first and second additional provisions instruct the State Public Employment Service to publish templates for the information document and the contract within twenty days of the royal decree's publication.

What companies and firms should review

1. Update contract templates and communications to include all the elements of Article 3.
2. Inventory the automated systems that affect working conditions and explain their criteria.
3. Prepare the reply to requests from current staff, within the thirty working days.
4. Document the sending of the information, to be able to prove it.
5. Review the templates the State Public Employment Service publishes.

Interest for the profession

The Madrid Bar Association included in its October agenda a session of its Employment Law Section devoted to the new rules on the duty to inform the worker, a sign of the practical interest of the reform.

The obligation to report on algorithmic systems connects with other rules on artificial intelligence that affect companies, as we explain when analysing the new AI Act timetable. For firms as employers, it adds to the rules on pay transparency and to the regime of the special employment relationship of lawyers. More news in Industry news.