Workers in Spain gain new rights over pay, hours and workplace AI from October 5: here’s what’s changing

Spanish workers will gain new rights over pay, hours and workplace AI from October 5. Until now, most employees had no right to know why algorithms influenced their salary, shifts, promotion or dismissal. From that date, Spanish employees will be entitled to know if algorithms affect their job conditions, with existing workers able to request the information in writing.

Employers must explain how variable pay and bonuses are calculated, daily, weekly and annual working hours, overtime arrangements and shift pattern rules. They must also disclose the purpose and length of probationary periods and share equality, work-life balance and harassment policies, if they exist. Every employer in Spain must have an anti-harassment protocol in place, regardless of size.

Previously, only staff representatives could request this information. From October 5, any employee can ask their employer for details of their contract, pay structure and working conditions. Employers must provide the information within 30 working days for existing staff and before the first day of employment for new hires. The reform requires employers to disclose the existence of algorithmic or automated decision-making systems when software influences pay, promotion prospects, shift pattern, workplace location or dismissal.

Workers can now question whether a program, rather than a manager, played a role in decisions affecting their income or job security. The decree also aims to make probationary periods more accountable, requiring employers to provide a genuine reason for dismissal. The regulation transposes a 2019 EU directive on transparent and predictable working conditions, but Spain has missed the deadline by more than four years, with stronger penalties still pending.