Legislative updates applicable to domestic workers

The regulations governing the hiring of domestic workers have changed significantly in recent years, gradually aligning their rights with those of the General Social Security Scheme. If you’re a private employer or considering hiring, it’s essential to understand your legal obligations, recent legislative changes, and the risks of non-compliance.

A scheme with reinforced rights

Since 2012, domestic workers have been integrated into the General Scheme through a Special System. This regulation covers household tasks as well as the care of children, the elderly, or dependents, provided the work is directly related to the household.
The entry into force of Royal Decree-Law 16/2022 brought key improvements:

• Right to unemployment benefits.
• Mandatory contributions to the Wage Guarantee Fund (FOGASA).
• End of dismissals without cause (withdrawal without justification).
• Stronger labour inspections.
• Equal treatment and non-discrimination based on gender.

In addition, Royal Decree 893/2024 requires employers to:

• Assess workplace risks in the home
• Provide appropriate protective equipment
• Offer training in risk prevention
• Provide voluntary medical check-ups
• Implement anti-harassment or violence protocols

Legal obligations for employers

If you hire a domestic worker, you must comply with the following:

• Register them with Social Security from day one
• Sign a written contract, even for hourly work
• Pay the minimum wage (SMI) and issue a payslip
• Make correct contributions according to current rates
• Act as the sole party responsible before Social Security

⚠️ If the employer hires the worker through a placement agency, the relationship is still included in the Special System for Domestic Workers. However, if the worker is hired via a temporary employment agency (ETT), the Special System no longer applies — instead, the General Scheme is used, as with any other job.

What happens if you don’t comply?

Lack of knowledge does not exempt you from penalties. Some of the consequences of non-compliance include:

• Fines up to €7,500 for not having a written contract
• Up to €12,000 for not registering the worker with Social Security
• Penalties of 100% to 150% of unpaid contributions
• Fines for paying below the SMI, with the worker entitled to claim back pay with a 10% surcharge

Labour rights of domestic workers

Since the 2022 reforms, domestic workers are entitled to the same rights as other workers:

• Mandatory written contract
• Social Security registration from the first hour
• Minimum wage (SMI), proportional to working hours
• 30 calendar days of annual leave
• Minimum 12-hour rest between workdays
• Access to unemployment benefits and FOGASA
• Coverage for temporary disability and maternity/paternity leave
• Prohibition of dismissal without cause

How can a domestic worker be legally dismissed?

Dismissals must be justified by objective reasons, such as:

• Decreased income or increased expenses in the household
• Changes in household needs (e.g., children no longer need care)
• Serious or repeated misconduct by the worker

Dismissal must be given in writing, with 7 days’ notice if the worker has been employed for less than one year, or 20 days for more than one year. Notice can be replaced by compensation.
Compensation:

• Objective dismissal: 12 days per year, up to 6 months’ pay
• Unfair dismissal: 20 days per year, up to 12 months’ pay
• Fair disciplinary dismissal: no compensation

In all cases, a final settlement must be paid, including outstanding wages, unused vacation, prorated bonuses, and any overtime due.

Frequently asked questions

Can I hire someone by the hour?
Yes. Hourly contracts are legal as long as they are in writing, comply with the hourly minimum wage, and the worker is registered. This is common for tasks like cleaning or ironing.

Can I hire a foreign worker without papers?
No, it is illegal to hire a foreign worker without valid residence and work authorization.

However, you may sign a pre-contract with a future domestic worker. This document can be used to apply for a residence permit under the “social integration” process, as one of the requirements is a job offer. The employment relationship can only begin once the permit is granted.

What is “standby time”?
Standby time refers to the period during which the worker is available to the employer but not performing active work. It must be paid and can be compensated either in cash or in kind (e.g., accommodation or meals).

For full-time contracts, standby time may not exceed 20 hours per week on average per month.

What rest periods do domestic workers have the right to?
There must be a minimum of 12 hours of rest between the end of one workday and the start of the next.

Can a trial period be established?
Yes, a trial period can be agreed upon, but it may not exceed two months.

Are domestic workers entitled to unemployment benefits?
Yes. Since October 1, 2022, domestic workers are entitled to unemployment benefits, provided they meet the general requirements: minimum contribution period, legal unemployment status, and timely application.

✅ What documents do I need to register a domestic worker with Social Security? Am I eligible for contribution discounts as a large family?
To find out more about the domestic worker regime and your legal responsibilities, contact our Social Security management service.