What comes into force on 5 October

This is a government regulation, approved by the Council of Ministers on 8 September; no parliamentary confirmation is required for it. Fourteen articles replace the 1998 regulation in full.

The scope is broad: article 2 covers all companies and workers under article 1 of the Workers' Statute, public employees with the specifics of their own legislation, fishermen and seafarers in separate chapters. One limit sits in paragraph 2: the decisive Chapter II applies only to employment relationships "cuya duración sea superior a cuatro semanas".

The request — and when the clock starts

For everyone already employed on 5 October the document does not arrive by itself; it arrives on request. The transitional provision ties the deadline to arrival at the company, not to sending: "a partir de la recepción de la solicitud". Provable delivery is therefore the practical heart of the matter.

The count is in working days, not calendar days; a request made in early October runs into November. The duty falls away where the information is already held: under article 3.1 it counts as fulfilled if everything is in the written contract the worker has — if only part of it is there, the rest must follow.

What the document must contain

Article 3.2 lists seventeen points. On pay, letter f) requires base salary and every supplement "indicados de forma separada", plus the payment cycle and the method of calculating variable components. Letter g) covers working time: the length and distribution of daily, weekly and annual hours, flagged where night or shift work applies, the arrangements for overtime and its pay, the length of holidays and the procedure for fixing the holiday periods; and for fijo-discontinuo contracts the periods of activity and inactivity.

Then come the length and conditions of the probation period, the right to training provided by the company, the termination procedure with its notice periods, the equality plan and the harassment protocol, measures for LGTBI people, and pension plans. New is letter k): "la existencia de sistemas algorítmicos o automatizados de toma de decisiones", together with the rules they run on where they help decide working time, task allocation, pay or the end of the contract. One qualification: under article 3.3 several points may be covered by a precise reference to a law or a collective agreement.

Why the collective agreement matters in the Canaries

Letter o) requires details that identify each applicable collective agreement unambiguously, "incluyendo una referencia al código de cada convenio y a la fecha de publicación en el boletín oficial correspondiente", plus its period of validity and, where relevant, "su situación de ultraactividad vigente". In hospitality, bargaining runs separately in the two provinces.

For Santa Cruz de Tenerife the Convenio Colectivo del Sector de Hostelería (2022–2026) applies, code 38000905011981, provincial gazette no. 20 of 15 February 2023; its article 4 runs from 1 July 2022 to 30 June 2026, and article 6 extends it tacitly thereafter, "hasta que no haya sido sustituido por otro convenio". For Las Palmas the Convenio Colectivo Provincial de Hostelería applies, provincial gazette no. 15 of 3 February 2023, article 4: 1 January 2020 to 31 December 2025, and in force thereafter "hasta la entrada en vigor de uno nuevo". Both end dates are behind us — what applies today is exactly what the employer must now state in writing.

New hires, proof, and the question of penalties

Anyone starting after 5 October does not have to ask: article 7.1 requires the information "con carácter previo al inicio de la relación laboral". Changes must be notified, under paragraph 3, at the latest on the day they take effect — the old regulation allowed a month afterwards. On form, article 6.2 says: paper or electronic, storable and printable, "y que la empresa conserve la prueba de la transmisión o recepción". The proof is therefore owed by the employer.

On penalties the regulation itself says nothing. What still applies is the consolidated text of Real Decreto Legislativo 5/2000: its article 6.4 treats failure to inform in writing about the essential elements of the contract as a minor infringement, "en los términos y plazos establecidos reglamentariamente" — which from 5 October means Real Decreto 723/2026. Article 40.1.a) sets 70 to 750 euros for minor infringements, in three bands. How the labour inspectorate classifies an individual case is for it to decide.