March 2026
Gemma Fabregat, Of Counsel at Sagardoy, analyses four recently approved provisions that introduce significant changes in employment law matters.
1. Royal Decree 126/2026 of 18 February, setting the national minimum wage for 2026. Official State Gazette (BOE) of 19 February 2026
Royal Decree 126/2026, which sets the national minimum wage (SMI) for 2026 pursuant to Article 27 of the Workers’ Statute, was published in the Official State Gazette of 19 February 2026, establishing an increase of 3.1% compared to the amounts set for 2025.
According to Article 1, the national minimum wage for any activities in agriculture, industry and services is set at €1,221 per month, €40.70 per day and €17,094 gross per year on an annual basis. This represents an increase of €37 per month compared with the amount in force in 2025, when the minimum wage stood at €1,184 per month and €16,576 per year.
2. Royal Decree-Law 5/2026 of 17 February, adopting urgent measures in response to damage caused by various adverse weather events. Official State Gazette (BOE) of 19 February 2026
Royal Decree-Law 5/2026 was approved with the aim of adopting urgent measures in response to the damage caused by several adverse weather events, which particularly affected certain areas of Andalusia and Extremadura. It introduces a heterogeneous set of budgetary, tax, employment and Social Security measures.
From the perspective of employment, unemployment protection and Social Security, the core content of the decree focuses on three main areas: amendments to the taxation of the national minimum wage under personal income tax (IRPF); the approval of an extraordinary regime regarding suspension of contracts, reduction of working hours, job retention and unemployment protection in the affected areas; and the adoption of exceptional Social Security measures, including cessation of activity, contribution exemptions, payment deferrals, and specific rules relating to the Minimum Vital Income.
3. Resolution of 18 March 2026 of the Congress of Deputies ordering the publication of the Agreement to validate Royal Decree‑Law 5/2026. Official State Gazette (BOE) of 19 March 2026
By means of the Resolution of 18 March 2026, publication is ordered of the Agreement of the Congress of Deputies validating Royal Decree‑Law 5/2026 of 17 February, adopting urgent measures in response to the damage caused by several adverse weather events that particularly affected certain areas of Andalusia and Extremadura, as mentioned in the previous section.
The validation takes place in accordance with Article 86.2 of the Spanish Constitution, which requires that royal decree‑laws be validated by the Congress of Deputies within thirty days of their promulgation in order for them to remain in force as norms with the rank of law.
4. Royal Decree‑Law 7/2026 of 20 March, approving the Comprehensive Response Plan to the Crisis in the Middle East. Official State Gazette (BOE) of 21 March 2026 (validated by Congress on Thursday, 26 March 2026)
Royal Decree‑Law 7/2026 is approved in the context of an international crisis arising from the conflict in the Middle East and its economic, energy and social effects on the Spanish economy. It establishes a comprehensive response plan incorporating energy, industrial, economic and social measures aimed at mitigating the impact of the crisis on businesses, economic activity, employment and the general public.
From the employment perspective, the relevant measures are set out in Title VI, relating to social measures, and are essentially structured around two axes: the prohibition of dismissal in companies receiving public aid, and the bringing forward of the deadline for implementing sustainable mobility plans to work, as provided for in Law 9/2025 on Sustainable Mobility. In both cases, failure to comply with these obligations is linked to the reimbursement of the aid received.
