Spain: Supreme Court clarifies the boundary between pay transparency and individual salary disclosure
Spain's Supreme Court has reaffirmed that the current wage-register regime requires aggregated average/median remuneration and does not create a general right to identifiable coworkers' salaries. The 3 August transposition draft remains a draft; its public hearing closed on 24 August.
What changed
STS 620/2026 (1 July 2026) confirmed SAN 115/2025 and reapplied STS 1302/2024: Art. 28.2 ET and RD 902/2020 require average/median pay information rather than worker-by-worker identifiable salary data, with GDPR minimisation relevant. The deep review also reconciled the MITES hearing to closed and resolved several draft mechanics: annual/hourly Article 10 information, once-yearly-or-change requests, Article 11 reference periods, RLT methodology access and six-month audit remediation.
What it means for employers
Employers should not treat current Spanish pay-register rights as a blanket obligation to disclose identifiable coworker salaries. They should maintain robust aggregated/equal-value data and prepare the draft workflow for own pay plus sex-disaggregated comparator averages. Public-sector employers need a separate legal-basis analysis because Spanish public-transparency law can permit broader individualized remuneration access.
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