Spain’s Council of Ministers (Consejo de Ministros) passed a royal decree on 8 September 2026 tightening rules on probation periods and introducing new rights to information about algorithmic decisions at work. According to the government, companies will in future have to explicitly justify and document in writing any probation period exceeding six months. Dismissals during the Probation period will be subject to tighter restrictions than before. The aim is to curb excessively long trial periods and clarify the criteria for assessing suitability.
At the same time, the regulation establishes comprehensive transparency requirements for the use of automated systems. Employees will have the right to know whether and how Algorithms have a say in aspects of their working conditions – for example, in setting variable pay, allocating shifts and working hours, or making transfers. Companies must disclose the relevant criteria, how the systems work and their potential impact on those affected, so that decisions can be understood. This applies whether the systems are developed in-house or supplied by third parties.
The royal decree transposes parts of Directive (EU) 2019/1152 on transparent and predictable working conditions, which Spain had not yet fully transposed into national law. The Ministry of Labour stresses that the changes are intended to provide legal clarity and prevent abuse. Labour Minister Yolanda Díaz said that the right to information would strengthen both individual employees and workplace participation. The social partners may agree on the narrowly defined circumstances in which the standard probation period may be varied.
The new rules will become legally binding upon publication in the Boletín Oficial del Estado. Transitional and implementation periods are set out in the final text of the decree and, where applicable, in supplementary implementing provisions. Industry associations say they are assessing the impact on staffing processes and data transparency; employment lawyers expect employers to face more documentation work, but also a sounder basis for challenging abusive decisions. Whether any part of the rule is reviewed by the courts will depend on how it is worded in the published text. What is clear is that probation practices and algorithmic management of working conditions will receive greater scrutiny in new and existing employment relationships, with immediate consequences for HR departments and compliance in Spain.
Editor: Daniel Mayer (Article created with AI assistance).