Key data
| Regulation | Royal Decree-Law 34/2026, of November 10, on urgent measures to strengthen operational safety in railway transport and social protection of railway personnel |
|---|---|
| Publication | November 11, 2026 |
| Entry into force | November 11, 2026 |
| Affected parties | Drivers and railway personnel of public and private companies operating on the General Interest Railway Network |
| Category | Labor Legislation |
| Fiscal year | 2026 |
| Modified regulation | Royal Decree 929/2020 and Railway Sector Law |
Private railway companies operating on the General Interest Railway Network face a structural change in their labor and safety obligations. The Royal Decree-Law 34/2026, in force since November 11, 2026, corrects an inequality created by the liberalization of the railway market: until now, age reduction coefficients for early retirement were only applied to personnel of public operators. From today, that right extends to all railway workers, regardless of whether their employer is public or private.
The regulation also modifies Royal Decree 929/2020 on driving time, expands the inspection powers of the State Railway Safety Agency (AESF) and incorporates the concept of "just culture" into the Railway Sector Law.
What does this regulation establish?
RDL 34/2026 introduces four blocks of specific changes:
| Area | Previous situation | Situation after RDL 34/2026 |
|---|---|---|
| Early retirement reduction coefficients | Only applicable to personnel of public operators | Extended to personnel of private railway companies operating on the General Interest Railway Network |
| Calculation of driving time | General regulation of RD 929/2020 without precision on breaks | Breaks of less than 45 minutes between services are counted as driving time, even if the driver is not in charge of the train |
| AESF inspection powers | Limited access to the directly supervised entity | All railway entities must facilitate access to their facilities even if the supervised entity is another company |
| Just culture | Not expressly included in the Railway Sector Law | Incorporated into the Railway Sector Law: protects workers who report errors or incidents without fear of retaliation |
Economic and operational impact
The most significant impact for private companies is the cost associated with early retirement. The reduction coefficients allow railway personnel to access their pension before the ordinary age, which means that companies must anticipate workforce planning and vacancy coverage. This cost, which until now fell only on public operators, becomes a reality for all actors in the liberalized market.
On the operational level, the new rule for calculating breaks (less than 45 minutes between services) directly affects shift and working day management. Companies must review their work time recording systems to ensure that these breaks are correctly counted as driving time, with the impact this has on legal limits for working hours and rest.
The expansion of AESF inspection powers introduces a new operational risk: any railway company can be subject to an inspection even if it is not the entity directly investigated. This requires maintaining documentation, facilities and records at all times in conditions to be audited.
The incorporation of "just culture" into the Railway Sector Law has implications for human resources management: workers who report errors or incidents are protected against retaliation, which requires reviewing internal incident reporting protocols.
Who does it affect?
- Private railway companies operating on the General Interest Railway Network: new obligation to apply early retirement reduction coefficients and to facilitate access to AESF inspections.
- Public railway operators: are affected by changes in the calculation of driving time and by the incorporation of just culture.
- Drivers and railway personnel of private companies: acquire the right to early retirement with reduction coefficients, equalizing with their public sector counterparts.
- HR and payroll departments of any railway entity: must update working time recording systems to reflect the new calculation of breaks of less than 45 minutes.
- Compliance and legal officers of all railway entities: must review inspection protocols and internal incident reporting channels.
Practical example
A private railway company operating passenger services on the General Interest Railway Network has 80 drivers on its payroll. Before RDL 34/2026, none of them could benefit from age reduction coefficients for retirement, as this benefit was reserved for personnel of public operators.
As of November 11, 2026, all those drivers have the right to early retirement with the same reduction coefficients as their colleagues at the public operator. For the company, this implies: reviewing workforce planning in the medium term, calculating the impact on position coverage and, if a driver has a break of, for example, 30 minutes between two services, that time now counts as driving time for the purposes of Royal Decree 929/2020, even if they are not in charge of the train during that break.
Additionally, if AESF inspects another company that uses the same facilities, this private company is obligated to facilitate access to its own facilities even if it is not the entity directly inspected.
What should companies do now?
- Review contracts and labor conditions of railway personnel to incorporate the right to early retirement with reduction coefficients, applicable as of 11/11/2026.
- Update working time recording systems so that breaks of less than 45 minutes between services are counted as driving time, in accordance with the modified Royal Decree 929/2020.
- Review facility access protocols to ensure that the company can facilitate access to AESF at any time, even if the inspection is directed at another entity.
- Implement or update the incident reporting channel in accordance with the "just culture" principle: workers must be able to report errors or incidents without risk of retaliation, and this must be documented in internal procedures.
- Consult with the legal department or external advisory the specific impact of reduction coefficients on workforce planning and contribution obligations, given that the regulation is immediately applicable.
Frequently asked questions
Since when do drivers of private companies have the right to early retirement?
Since November 11, 2026, the date of entry into force of Royal Decree-Law 34/2026. From that date, age reduction coefficients for retirement are also applied to personnel of private railway companies operating on the General Interest Railway Network, equalizing their rights with those of public operator personnel.
What breaks now count as driving time for drivers?
Breaks of less than 45 minutes between services count as driving time, even if the driver is not in charge of the train during that period. This clarification modifies Royal Decree 929/2020 and directly affects the calculation of working hours and legal limits on driving time.
Is my company obligated to facilitate access to AESF even if we are not the inspected company?
Yes. RDL 34/2026 expands the inspection powers of the State Railway Safety Agency so that all railway entities must facilitate access to their facilities when AESF requires it, even if the directly supervised entity is another company.
What is the "just culture" that this regulation incorporates and what does it mean for the company?
"Just culture" is a principle that protects workers who report safety errors or incidents without fear of retaliation. RDL 34/2026 expressly incorporates it into the Railway Sector Law. For companies, it means reviewing and documenting internal incident reporting channels and ensuring that no worker is punished for reporting a safety failure in good faith.
What regulation does RDL 34/2026 modify regarding driving time?
It modifies Royal Decree 929/2020, clarifying which periods count as driver driving time. The specific modification establishes that breaks of less than 45 minutes between services are included in the calculation, even if the driver is not in charge of the train during those breaks.
Official source
Consult complete regulation in official source
Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-23603
