Pay transparency rules in Spain
No. Spain missed the deadline, but a draft is now on the table: the Ministry of Labour put the draft Royal Decree out for public consultation from 4 to 24 August 2026. Nothing is yet in force, and the text is still being negotiated with unions and employer bodies. Spain does already have equal-pay and pay-register rules.
Spain has not yet transposed the EU Pay Transparency Directive (Directive (EU) 2023/970). It missed the 7 June 2026 deadline. The transposing instrument is a Royal Decree amending Royal Decree 902/2020 on equal pay between women and men, and the Ministry of Labour and Social Economy opened the formal public consultation (audiencia e informacion publica) on the draft text from 4 to 24 August 2026. No transposing law is yet in force, and the draft is still in social dialogue with the unions and employer organisations, so the final content can change. When the Royal Decree is adopted, employers can expect a starting pay or pay range before interview, a ban on asking candidates about current or past pay, a right for workers to receive individual and sex-disaggregated average pay information within two months, gender pay-gap reporting, and a joint pay assessment where an unjustified gap of 5 percent or more is found. Spain already has equal-pay and pay-register obligations that the new rules will build on.
What is the current status in Spain?
Spain missed the deadline. The draft Royal Decree went out for public consultation from 4 to 24 August 2026; no transposing law is yet in force.
The Ministry of Labour and Social Economy ran a prior public consultation from 24 April to 8 May 2026, then published the draft text itself for formal public consultation (audiencia e informacion publica) from 4 to 24 August 2026. The transposing instrument is a Royal Decree amending Royal Decree 902/2020 on equal pay between women and men. The draft is still in social dialogue with the unions and employer organisations, so the detail can still change before it is approved.
What will change for employers once Spain legislates?
Employers will show a pay level or range before interview, cannot ask about salary history, must answer pay-information requests within two months, and (above the thresholds) report their gender pay gap.
Following the Directive, vacancies must be gender-neutral and show the starting pay or range before interview, candidates cannot be asked about current or past pay, and workers can request and receive individual and sex-disaggregated average pay levels within two months. Reporting follows the Directive cadence, with a joint pay assessment where an unjustified 5 percent gap is not corrected within six months. Penalties will be set by the transposing Royal Decree.
How does this work if you hire through an EOR?
Teamed is the legal employer in Spain, so existing equal-pay duties and the future transparency duties for your team sit with Teamed. We keep your hiring and pay practices compliant and track the Royal Decree.
At a glance
| Pay shown in job ads | In draft Royal Decree (consultation closed 24 August 2026); not yet law |
|---|---|
| Salary-history question banned | In draft Royal Decree; not yet law |
| Gender pay-gap reporting from | Set by the draft Royal Decree; text still in social dialogue (EU baseline: 100+ phased) |
| First report due | Not set (EU baseline: 7 June 2027 for 250+) |
| Penalties | Not yet set |
Key figures
| Detail | Value |
|---|---|
| Transposition status | Not transposed; draft Royal Decree in public consultation (7 June 2026 deadline missed) (source) |
| Latest national step | Public consultation on the draft Royal Decree, 4 to 24 August 2026 (source) |
| Transposing instrument | Royal Decree amending Royal Decree 902/2020 of 13 October on equal pay between women and men (source) |
| EU transposition deadline | 7 June 2026 (source) |
| Right to pay information (EU baseline) | Workers can request, and receive within 2 months, individual and sex-disaggregated average pay levels (source) |
| Reporting cadence (EU baseline) | 250+ annually from 7 June 2027; 150 to 249 every 3 years from 7 June 2027; 100 to 149 every 3 years from 7 June 2031 (source) |
| Penalties in Spain | Not yet defined; to be set by the transposing Royal Decree (source) |
Frequently asked questions
Has Spain transposed the EU Pay Transparency Directive?
No. Spain missed the 7 June 2026 deadline. The Ministry of Labour published the draft Royal Decree for public consultation from 4 to 24 August 2026, but no transposing law is yet in force and the text is still being negotiated with unions and employer bodies.
Does Spain already have equal-pay rules?
Yes. Spain has existing equal-pay and pay-register obligations. The new Royal Decree will build the Directive duties on top of that framework.
What will the reporting thresholds be?
Spain is expected to follow the Directive thresholds: 250 or more report annually, with the 150 to 249 and 100 to 149 bands every three years. The exact Spanish detail will be set by the Royal Decree.
Pay transparency is moving at different speeds across the EU. When Teamed is your legal employer in Spain, these duties sit with us: compliant pay ranges, the salary-history rule, employee pay-information requests, and reporting where it applies. We track the law as it changes so your hiring stays compliant.
