Developments in Spanish Employment Law: the University Students’ Statute and new measures on protection against exposure to asbestos and other hazardous agents

Last updated: 28 October 2026

Nerea San Juan Pérez

Last Wednesday, 21 October, we examined the first of the so-called “Social Tuesdays” announced by the Spanish Government, which took the form of Royal Decree-Law 31/2026, of 20 October, aimed at improving the protective scope of the Spanish Social Security system. This legislation introduced changes to reductions in working time for the care of sick children, established two new special situations of temporary incapacity for work and introduced a significant general change to the calculation of the regulatory base (see, for further details, Employment Law Circular 25/2026).

Since then, a number of other noteworthy developments in Spanish employment law have been approved, which we summarise below. The first concerns companies that host university students undertaking academic placements, while the other two relate to occupational health and safety, particularly for companies where there is a risk of exposure to asbestos and other hazardous agents. So far, there has been no further “Social Tuesday” this week. We will see what next week brings, as there is growing speculation regarding a further increase in the Spanish statutory minimum wage (Salario Mínimo Interprofesional or SMI) by the Government.

1. Royal Decree 855/2026, of 21 October, approving the University Students’ Statute

On 22 October, Royal Decree 855/2026 was published in the Spanish Official State Gazette (Boletín Oficial del Estado or BOE), replacing the 2010 University Students’ Statute. Among other matters, the new legislation revises the regulatory framework governing external academic placements, particularly as regards the training programme, supervision, Social Security and the selection of host organisations.

The main aspects of the new legislation may be summarised as follows:

• Entry into force and transitional arrangements. The Royal Decree has been in force since 23 October 2026, although universities are granted two periods in which to bring their arrangements into line with the new requirements:
  • Until 23 April 2027, to approve or review protocols concerning suicidal behaviour and the various forms of harassment and cyberbullying.
  • Until 23 October 2027, to adapt their remaining internal regulations and establish the necessary units, services or organisational structures.
• Scope. Although the Royal Decree is primarily addressed to universities, it also has significant implications for companies that host students on placements and/or have educational cooperation agreements in place.
• Main developments affecting universities:
  • Reconciliation of academic, professional and family life. The right to combine studies with employment is expressly recognised. To facilitate this, universities must organise academic activities taking such circumstances into account and establish their own work-life balance plans.
  • Career guidance and access to employment. Universities will be required to provide information and advice on educational pathways, career opportunities and transferable skills, as well as to support students in defining their professional career plans.
  • Psychological support and mental health. Students will be entitled to free and accessible psychological support. Where necessary, such support will be coordinated with the public healthcare services. Universities will also be required to approve or review their protocols concerning suicidal behaviour; sexual harassment and cyber-harassment, harassment on grounds of sex, sexual orientation or identity, gender expression or sexual characteristics; and personal harassment or bullying within the university environment.
  • Equality, inclusion and accessibility. Protection is strengthened for persons with disabilities, specific educational support needs or learning difficulties. Universities must provide appropriate support, make the necessary adjustments and ensure accessibility to their premises and digital services.
  • Right to disconnect and artificial intelligence. The right to digital disconnection is recognised, although urgent communications may still be sent, for example, in the event of changes to examination arrangements, classroom changes or weather alerts. The legislation also expressly establishes a duty not to use artificial intelligence fraudulently in examinations, assignments or official documents.
  • Assessment. Continuous assessment remains the standard assessment method. Students will have the right to be informed in advance of the applicable assessment criteria, request appropriate adjustments, review their marks, access their completed examinations or assessments, and challenge decisions before a body other than the one that initially intervened.
• External academic placements: key implications for companies. External academic placements, whether curricular or extracurricular, retain their educational nature. They must enable students to apply their knowledge, develop skills and enhance their employability. The main changes affecting companies are as follows:
  • Training programme. Before the placement begins, the skills to be developed, the activities to be carried out, the place and timetable of the placement and the assessment arrangements must be clearly established. The relevant document must also specify the ECTS credit allocation and the student’s rights and obligations.
  • Supervision and monitoring. Each student will have one supervisor at the university and another at the host organisation. Both supervisors must coordinate the training plan, explain it before the placement begins and hold, at a minimum, an initial meeting, an interim meeting and a final assessment meeting.
  • Placements may not replace a job position. The duties assigned must be related to the student’s studies and serve a genuine educational purpose. Placements must not be used to meet the company’s ordinary staffing requirements.
  • Selection of the host organisation. Cooperation agreements must be entered into with organisations that offer sufficient guarantees, respect students’ rights and have an adequate number of supervisors to ensure effective monitoring.
  • Social Security. Students undertaking placements, whether curricular or extracurricular, must be included within the Spanish Social Security system in accordance with the applicable legislation.

In summary, companies should review the content of their training programmes, the appointment and training of supervisors, monitoring arrangements, the duties actually performed by students and their preventive and training coordination arrangements with universities.

Particular attention should be paid to ensuring that the activities assigned retain a genuine educational purpose, are consistent with the studies being undertaken and do not, in practice, amount to filling an ordinary job position.

2. Royal Decree 846/2026, of 21 October, amending Royal Decree 665/1997, of 12 May, on the protection of workers against risks related to exposure to carcinogenic, mutagenic or reprotoxic agents at work, and Royal Decree 374/2001, of 6 April, on the protection of workers’ health and safety against risks related to chemical agents at work

Royal Decree 846/2026 entered into force on 24 October. It transposes into Spanish law Directive (EU) 2024/869 and, in particular, updates the exposure limits applicable to lead and its inorganic compounds and to diisocyanates. Although the legislation is already in force, certain values applicable to lead and diisocyanates will remain subject to transitional arrangements until 31 December 2028.

• Lead and inorganic lead compounds. Lead is now expressly classified as a non-threshold reprotoxic agent. The occupational exposure limit is set at 0.03 mg/m³, while the binding biological limit value is set at 15 μg Pb/100 ml of blood. Until 31 December 2028, the latter will be 30 μg Pb/100 ml of blood. The legislation also specifies when health surveillance must be carried out by reference to lead concentrations in the air or blood. In addition, particular attention is paid to workers of childbearing age, as it is not possible to establish a safe exposure level for the development of offspring. The Technical Guide of the Spanish National Institute for Safety and Health at Work must include specific guidance on the biological monitoring of this group.