September 2026
Pompeyo Ortega, Of Counsel at Sagardoy, analyses six recently approved provisions that introduce significant changes to employment law.
1. Transparent and predictable working conditions in the European Union
Royal Decree 723/2026 of 9 September, transposing Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union.
The new rules aim to make employment relationships more transparent by ensuring that workers know their essential terms and conditions from the start of their employment. Accordingly, employers must provide more detailed information on matters that, until now, have not been specified as fully in employment contracts. These include pay and the criteria for determining additional payments, working time, annual leave, algorithmic or automated systems, the applicable collective agreement, probationary periods and procedures for terminating employment contracts. The aim is clear: to give workers a better understanding of their working conditions and, in turn, greater legal certainty.
2. Urgent social and economic measures to support the city of Ceuta
Royal Decree-Law 22/2026 of 1 September, approving urgent social and economic measures to support the city of Ceuta.
These urgent measures seek to reduce costs for businesses and self-employed people, support those who have experienced a decline in activity or income, and strengthen training and employment during the emergency.
3. Urgent employment protection measures in response to wildfires
Royal Decree-Law 20/2026 of 29 July, establishing urgent employment and social protection measures in response to wildfires.
Extraordinary employment and social protection measures have been adopted to support workers, self-employed people and businesses affected by the wildfires.
4. Statute of the Independent Authority for Equal Treatment and Non-Discrimination
Royal Decree 606/2026 of 22 July, approving the Statute of the Independent Authority for Equal Treatment and Non-Discrimination, A.A.I.
The Independent Authority for Equal Treatment and Non-Discrimination is established to protect and promote equal treatment and non-discrimination on grounds of birth, racial or ethnic origin, sex, religion, belief or opinion, age, disability, sexual orientation or identity, gender expression, illness or health condition, serological status and/or genetic predisposition to diseases and disorders, language, socioeconomic status, or any other personal or social condition or circumstance.
5. Performers and people carrying out technical or auxiliary activities necessary for their work
Royal Decree 607/2026 of 22 July, regulating the special employment relationship of performers working in the performing, audiovisual and musical arts, and of people carrying out technical or auxiliary activities necessary for that work.
Compared with the previous rules (Royal Decree 1435/1985), the new decree:
- Includes people carrying out the necessary technical or auxiliary activities within the special employment relationship.
- Expressly counts the various stages of the activity — pre-production, recording, post-production and promotional activities — as working time.
- Expressly regulates the work of people under the age of sixteen who have authorisation from the labour authority and sets out specific rules for them.
- Requires the specific identification of remuneration.
- Sets specific probationary periods for contracts lasting more than ten days: no more than five days for contracts lasting up to two months; ten days for those lasting up to six months; and fifteen days for all others. In all other respects, probationary periods are governed by the Workers’ Statute.
- Establishes specific rules addressing violence and harassment.
6. Retirement of workers with a disability assessed at 45% or more
Royal Decree 632/2026 of 29 July, amending the annex to Royal Decree 1851/2009 of 4 December, which implements the consolidated text of the General Social Security Act, approved by Royal Legislative Decree 8/2015 of 30 October, with regard to early retirement for workers with a disability assessed at 45% or more.
In addition to changing some of the listed medical conditions, this legislation adds further conditions that confer entitlement to a reduction in retirement age. These include variant transthyretin amyloidosis, myotonic dystrophy type 1 (Steinert’s disease), Huntington’s disease, spina bifida, Parkinson’s disease, corticobasal degeneration, multiple system atrophy, progressive supranuclear palsy, systemic sclerosis and stage G5 chronic kidney disease.
