New information about the contract

Royal Decree 723/2026 develops Article 8.5 of the Workers' Statute and partially transposes Directive (EU) 2019/1152, regarding transparent and predictable working conditions. It applies to all employment relationships lasting more than four weeks. The obligation is considered fulfilled when the information is already included in the written employment contract; if it only contains it partially, the company must provide the rest in one or more separate documents.

The information covers seventeen sections (RD 723/2026, Article 3.2). In addition to the usual contents, it includes the duration and conditions of the probation period, the right to training, the calculation of variable remuneration, the use of algorithmic systems in labor decisions, the equality plan and the harassment protocol, LGTBI measures, the termination procedure with its notices, and the identification of the applicable agreement.

Paper is not required: the information can be transmitted in electronic format, provided it is accessible to the worker, can be stored and printed, and the company retains proof of transmission or receipt (the Ministry of Labor, through SEPE, has published models). The information must be delivered before the start of the employment relationship.

Only the base salary and supplements, working hours and their modification, overtime, vacations, the probation period, training, termination with its notices, and Social Security with its voluntary improvements are allowed to refer to the applicable law or agreement. The reference must be precise: article and agreement identified by its name, code, and publication bulletin.

The probation period must indicate its specific duration in all cases. When the agreement only sets maximum durations, the clause "according to the agreement" is ineffective, and the pact is deemed not to have been made: withdrawal becomes an unfair dismissal.

 

Our professionals will inform you about any questions you may have regarding the new Royal Decree 723/2026.