Limits and obligations: domestic worker and Social Security — SPECTRUM DOMUS

Limits and obligations: domestic worker and Social Security

Domestic employment in Spain is governed by a special scheme: the special employment relationship for domestic workers, set out in Royal Decree 1620/2011. That means the employing family has specific duties — contract, registration and contributions, working hours, rest and holidays — and that some rules work differently from those in a company. This guide covers both sides: what must be complied with and where the scheme's limits lie.

1. Employer obligations

• Written employment contract when the relationship lasts longer than four weeks, stating the contract type, hours, salary, probation period and accommodation conditions for live-in staff.
• Social Security registration before the person starts work, and contributions for as long as the relationship lasts.
• Pay never below the SMI: €1,184 gross per month across 14 payments in 2026, and €8.87/hour for part-time work, prorated to weekly hours.
• Payslips and receipts for contributions, kept available to the worker.
• Holidays and rest in line with the domestic scheme, plus risk prevention: protective equipment and instructions for the safe use of appliances, products and ladders.
• Non-discriminatory treatment and respect for the worker's privacy and dignity — their home and private life are not part of the contract.

2. Worker obligations

• Perform the agreed work with the diligence and order agreed, following the family's lawful instructions.
• Confidentiality: what happens in the house — family situations, health, financial information — stays there.
• Care of property and immediate reporting of damage or incidents.
• Notice of absences and sick leave as early as possible, providing medical certificates where required.
• Respect the schedule and reasonable house rules, including safety and household conduct.

3. Limits and particularities of the domestic scheme

The special scheme is not a copy of the general one, and that is where most mistakes live. Points worth getting clear:

• Maximum 40-hour week and at least 12 hours of rest between shifts.
• Presence hours: time when the worker is available to the family without performing active tasks is paid as ordinary hours, cannot exceed 20 hours a week and must be offset with additional rest. This is where live-in arrangements are most often abused.
• Live-in arrangements: a private room, access to a bathroom, adequate meals and at least 10 hours of uninterrupted night rest.
• Holidays: 30 calendar days a year, at least 15 consecutive; they cannot be replaced with money.
• Probation period: up to two months for qualified staff and fifteen days for unqualified staff.
• Termination: 7 to 20 days' notice depending on tenure; for unfair dismissal, compensation is 20 days per year worked, capped at 12 monthly payments.
• Benefits: access to certain benefits — unemployment benefit, for instance — does not work on the same terms as in the general scheme, so confirm each case with the payroll service before signing.

4. Social Security in practice

Social Security is the part you cannot improvise. The usual pattern is: registration before work starts, monthly contributions paid by the employer, and a payslip deducting the worker's share. The figures published by the platform are ≈23.6% paid by the employer and ≈4.7% paid by the worker, plus the MEI (≈0.8%, shared between both), with reductions of up to 20% on the employer's contribution for large families and low-income households. The details are in Social Security contributions in 2026.

The consequences of skipping this are real: late payment triggers an automatic 20% surcharge, and the Labour Inspectorate can fine the lack of registration or pay below the SMI. On top of that, without a written contract the relationship is presumed permanent and full-time — meaning the irregular route ends up costing more than the legal one. If you would rather delegate this, the scope of the service is described under Agency & administration.

5. Common mistakes and what they cost

• Paying «off the books» for the first month to try it out: the legal probation period exists precisely for that, and registration can be set up from day one.
• Confusing a cleaner with a housekeeper: the cleaner does cleaning only; the housekeeper covers the rest of the service. Budgeting one as the other creates broken expectations and conflict.
• Paying in kind without a contract: up to 30% of the salary may be board and lodging, but only if agreed in writing.
• Stacking up presence hours without compensation: having someone «on call» is neither free nor unlimited.
• Treating the household like a company: the domestic scheme does not use a company-level collective agreement; it is governed by RD 1620/2011 and its specific rules.

6. Quick compliance checklist

• Is the service and the arrangement clear (live-out or live-in)? — see How to hire home staff step by step.
• Is the agreed salary at or above the SMI, with payments and any in-kind element written into the contract?
• Is there a written contract and Social Security registration before day one?
• Do you know the monthly cost, including contributions and reductions? — see How much does it cost to hire home staff in Andalusia.
• Are rest, holidays and presence hours clear, especially in live-in arrangements?

Frequently asked questions about obligations and Social Security

What happens if I do not register the worker with Social Security?

It is a breach the Labour Inspectorate can sanction, and it leaves the worker unprotected in the event of an accident or sick leave. It does not save money: it adds fines and risk.

Is registration done before or after work starts?

Before. Registration must be completed before the person begins providing the service.

Can part of the salary be paid as meals and accommodation?

Yes, up to 30% of the salary, provided it is agreed in writing in the contract. If it is not agreed, the full amount must be paid in cash.

How many presence hours can be required?

No more than 20 hours a week, paid as ordinary hours and offset with additional rest. In live-in arrangements you must also guarantee 10 hours of uninterrupted night rest.

Does a domestic worker stop being one if she only cleans?

No: the domestic scheme still applies, but the service is different. A cleaner handles cleaning only; a housekeeper covers the full range of household work. Spell out the scope in the contract.

Would you rather have someone handle the legal side and Social Security for you? See the administration service or write to us and we will review your case.