The Government will allow railway workers to stop a train in the face of a serious risk and expands early retirements

The Council of Ministers approves a decree-law that protects workers who warn of safety problems, modifies the calculation of driving hours for train drivers, and reinforces inspections by the State Railway Safety Agency

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The Council of Ministers has approved this Tuesday a royal decree-law that will allow railway professionals to interrupt the running of a train or refuse to start a journey when they detect a serious and imminent risk to safety, without exposing themselves to workplace reprisals for adopting that decision under the conditions provided for by the standard. The text also modifies the counting of driving times for train drivers, expands the inspection powers of the State Railway Safety Agency (AESF), and extends the reduction coefficients for the retirement age to certain workers in the sector.

The approval comes one week after Óscar Puente resigned as Minister of Transport, following the Urda railway accident (Toledo), and at the start of the strike days called by train drivers. The Ministry of Transport links the new provisions to trade union demands and brings together in the decree four amendments related to working conditions and the safety of rail traffic.

Workers may stop traffic in the event of a serious danger

One of the main changes affects the ability of railway staff to act when they detect a situation that seriously compromises safety. The reform of the Law on the Railway Sector will expressly recognize their right to adopt necessary and proportionate measures to avoid a serious and imminent risk or reduce its consequences.

Among those measures is the possibility of stopping a train that is already running or deciding that it does not begin its journey. The worker must communicate it without delay to the corresponding parties responsible, but will have protection against possible penalties or workplace reprisals when their action meets the legal requirements.

The protection will also extend to those who report risks through companies’ internal channels or public notification systems. These procedures must guarantee the confidentiality of the people who provide information about possible safety problems.

The decree thus incorporates into railway legislation the principles of the so-called "just culture", which seeks to encourage the reporting of incidents and risks without workers fearing disciplinary consequences for informing about them.

The regulation also provides that no sanctions will be imposed when an offending conduct has been previously reported, has ceased, and there is full cooperation with the investigation. This protection will have limits: intentional acts, committed in bad faith or committed with gross negligence are excluded.

Breaks of less than 45 minutes will be counted as driving time

The Government has also modified the rules for calculating how much time a driver drives. The new regulation will include the maneuvers in which the professional handles a moving rail vehicle and the interruptions during which the professional remains responsible for the train, even if it remains stationary.

The most specific change affects the breaks between two driving periods. All interruptions of less than 45 minutes will be counted in full as driving time, even when the driver has been relieved of responsibility for the vehicle, does not have to monitor traffic, or is carrying out other tasks.

Interruptions of 45 minutes or more that take place during rail tests, trials, inspections, or verifications will also be included.

The amendment also includes certain driving work carried out outside the Network of General Interest, such as that performed by professionals authorized to operate shunting vehicles or infrastructure machinery.

When exceptionally a vehicle is driven by two drivers, one authorized for the train and the other for the infrastructure, the driving time will be counted simultaneously for both.

More powers to inspect trains and rail facilities

The State Railway Safety Agency will have greater legal assurances to access the resources necessary during its supervisory actions.

People and companies subject to an inspection must facilitate access by AESF staff to their facilities and equipment. The obligation will extend to rail entities that have rolling stock, infrastructures, or equipment necessary to carry out the checks.

With this amendment, inspectors will be able to access trains and facilities even if they belong to a different company from the one being supervised, as long as it is necessary for the action.

The reform aims to prevent that the ownership of a vehicle or an installation hinders safety checks, especially when multiple railway companies are involved.

Early retirement is extended to workers of other railway companies

The decree also modifies the conditions for access to early retirement through reducing coefficients for certain rail professionals.

The Government extends the regime provided for in the article 3 of Royal Decree 2621/1986 to staff of railway companies that operate on interoperable lines or on the Railway Network of General Interest, with the purpose of equalizing the treatment of those who carry out the same functions.

Reducing coefficients make it possible to bring forward retirement age in certain activities considered especially arduous or dangerous. The extension approved seeks for professionals who perform equivalent work to be able to avail themselves of the same regime, regardless of the railway company for which they work.

In addition, Transportes will initiate a procedure to study the inclusion of other professional categories whose positions involve exposure to arduous, toxic, dangerous, or unhealthy conditions.

The review will be processed in accordance with Royal Decree 402/2025, of 27 May, and will involve union participation. In its communication, the Ministry does not specify what new categories could be incorporated nor does it set a timetable to conclude that procedure.

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At what parliamentary stage is the processing of the royal decree-law approved by the Council of Ministers on railway safety and early retirements?

The royal decree-law on railway safety and early retirements is in the phase immediately following its approval by the Council of Ministers, pending parliamentary validation. The Government approved it today, November 10, 2026; the sources consulted do not yet show a vote that has validated or repealed it, nor an agreement to process it as a bill. Furthermore, since the Cortes are dissolved, the body that must assume this control is the Permanent Deputation of the Congress.

What has been approved and what remains

The information published by Demócrata identifies a package that gathers measures on traffic safety and working conditions of railway personnel. It is important to distinguish the Government's approval from the subsequent parliamentary control: the Council of Ministers has already approved the decree-law, but that does not equate to its validation.

The announced package includes four blocks, which allow identifying the text you refer to:

  • The recognition of the right of railway personnel to stop a train or not start moving in the face of a serious and imminent risk, with protection against reprisals under the established conditions.
  • The modification of the calculation of driving times, including entirely interruptions shorter than 45 minutes.
  • The strengthening of the inspection powers of the State Railway Safety Agency to access trains, facilities, and equipment.
  • The extension of the retirement age reduction coefficients to certain workers of other railway companies performing equivalent functions.

The sources consulted do not yet show its publication in the Official State Gazette (BOE) with a complete official number and title. Therefore, it is not appropriate to consider its entry into force as accredited nor to set a specific expiration date for the validation period based solely on the Council of Ministers' announcement.

The next milestone: the Permanent Deputation

The peculiarity of this case is the dissolution of the Chambers since October 6, 2026, a circumstance recorded in the institutional information of the Senate. Pending validation royal decree-laws do not expire due to this dissolution: it is the Permanent Deputation of the Congress that must exercise this function until the new Chamber is constituted.

The next decisive step will therefore be the debate and vote to maintain or repeal the decree-law, within the constitutional period of thirty days. The validation decides on the text as a whole; it is not a phase in which amendments to its articles are introduced. The general distinction between this control and the subsequent drafting of a law is explained in the information from La Moncloa.

The Congress agenda includes a meeting of the Permanent Deputation Board for November 12. However, that call alone does not prove that the railway decree will be debated or voted on that day.

Phases not yet reached

There is no record that this decree has passed to a committee, opened a period for amendments, received a report from a committee or an opinion, nor been sent to the Senate. There is also no record of an agreement to process it as a bill. The Senate does not participate in the validation of the decree-law.

In summary: it is approved by the Government and pending control by the Permanent Deputation of the Congress, not in an amendment phase nor in processing in the Senate.

What are the powers and attributions of the Minister of Transport according to current Spanish legislation?

The Minister of Transport and Sustainable Mobility directs the Government's policy on transport and infrastructures of state competence and exercises the general powers of any ministerial holder. His personal powers of direction and decision must be distinguished from the functions assigned by regulations to the State Secretariat, general directorates, and the department's agencies.

1. Functions as a member of the Government

Article 4 of Law 50/1997, of the Government establishes that ministers have "competence and responsibility in the specific sphere of their action." Specifically, the holder of Transport is responsible for:

  • Developing governmental action in his department, according to the agreements of the Council of Ministers and the president's guidelines.
  • Exercising regulatory power in matters pertaining to the ministry, within legal limits and the distribution of competences.
  • Exercising other powers granted by laws and organizational and operational provisions.
  • Endorsing, when appropriate, the acts of the King related to his competence.

This capacity should not be confused with that of the Council of Ministers: the approval of bills, royal decree-laws, and regulations corresponding to the Government belongs to the collegiate body, according to article 5 of that law.

2. Material scopes of Transport

Article 1 of Royal Decree 253/2024, of March 12, assigns the ministry the proposal and execution of government policy in the following areas:

  • Land, air, and maritime transport infrastructures of state competence, along with the planning and programming of the corresponding investments.
  • Transport services: control, ordering, and administrative regulation of services corresponding to those modes.
  • Sustainable mobility: promotion of its social, economic, and environmental dimensions, including active mobility.
  • Postal services: their normative regulation.
  • Geographic and scientific information: promotion and direction of state services of astronomy, geodesy, geophysics, and cartography.

The expressly stated purpose is to guarantee safe and sustainable mobility, based on social justice criteria. These competences are exercised in coordination and without prejudice to the attributions of other departments; they do not equate to unlimited competence over any transport or infrastructure.

3. Administrative direction and management

Law 40/2015, on the Legal Regime of the Public Sector, complements ministerial powers with management faculties: entering into contracts and agreements within its competence, authorizing budget modifications under legal terms, deciding ministerial representation in collegiate bodies and working groups, rendering the department's account before the Court of Auditors, and resolving administrative appeals that correspond.

The minister directly oversees the State Secretariat for Transport and Sustainable Mobility and the Undersecretariat. He also has an immediate assistance cabinet and an international relations unit, which coordinates the department's representation, especially before the European Union, in collaboration with Foreign Affairs.

4. What is executed through other bodies

The minister's direction does not mean personally resolving each file. Royal Decree 253/2024 assigns to the State Secretariat, under his direction, specific functions of planning, investment programming, infrastructure execution, and coordination of agencies.

Additionally, Royal Decree 690/2025, of July 29, expressly assigned him functions on crisis prevention and coordination, emergency protocols, and victim assistance. Therefore, these actions belong to the ministry's scope, but their operational attribution corresponds to the designated bodies, not automatically to the minister.

What legal requirements must be met to access early retirement with reduction coefficients in the railway sector?

To access retirement with age reduction in the railway sector, one must prove a professional category included in the special bonus regime, the effective work performed in it, and the general requirements of the contributory pension. It is not enough to work for a railway company. Additionally, these coefficients reduce the access age: they are not the economic cuts typical of voluntary early retirement.

1. Perform a protected professional category

The specific reference is article 3 of Royal Decree 2621/1986. The right depends on whether the category or specialty exercised is included in its scale or has a legally recognized assimilation. As explained by the Social Security, railway coefficients are 0.15 or 0.10, depending on the activity.

The functions actually performed can be decisive. For example, the Order of January 10, 1976 assimilated certain train and station specialists to the category of hooker, provided they performed the corresponding functions. Therefore, the job title must be contrasted with its classification and real content.

2. Prove computable work periods

The reduction is calculated on the time effectively worked in the bonus categories, not on the entire seniority in the company. As a rule, absences are discounted, except for medical leaves and authorized paid permits contemplated in the applicable regulation.

For example, ten computable years with a coefficient of 0.10 generate a theoretical reduction of one year; with 0.15, one and a half years. The final calculation depends on the accredited services. The general minimum contribution to obtain a pension should not be confused with an automatic requirement of having worked fifteen years in a bonus railway position.

3. Meet the general retirement requirements

Article 205 of the General Social Security Law requires fifteen years of contributions, of which at least two must be within the fifteen years immediately prior to the moment of entitlement. When accessing from a situation of registration or assimilated without obligation to contribute, those two years are checked concerning the date when that obligation ceased.

The corresponding registration or assimilated situation must also be accredited, and the age resulting from applying the reduction to the legally applicable ordinary age must be reached. Article 206 establishes that the coefficients cannot allow access before 52 years of age.

4. Differentiate this route from other early retirements

The railway activity route does not require, by itself, dismissal nor the 35 years of contributions of voluntary early retirement. It also does not allow freely combining advantages: article 206 prevents using these coefficients to prove the age required in partial retirement or other early modalities. Anticipating age by activity does not automatically guarantee the maximum pension percentage.

5. Application and announced extension

The application is submitted to the National Social Security Institute, providing identification and company certificates that prove categories, functions, dates, and effective periods. It is advisable to contrast them previously with the employment history.

Additionally, Demócrata reports on November 10, 2026 an approved extension for personnel of companies operating on interoperable lines or on the General Interest Railway Network. That announcement must be distinguished from the applicable regime: its concrete application depends on the published text and its effective date.

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How does the decree affect the calculation of driving time for train drivers?

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