Employer rights and obligations — SPECTRUM DOMUS

1. Rights and Obligations of Domestic Employers in Spain: A Complete Guide

Hiring domestic staff in Spain is not just about solving household needs — it means taking on serious legal obligations. An employer of domestic service (empleador de servicio doméstico) has both rights and duties, set out in the Workers' Statute (Estatuto de los Trabajadores) and Royal Decree 1620/2011. Whether you are hiring a housekeeper with a contract in Seville, a nanny in Málaga, or a gardener in Marbella, you need to know your derechos y obligaciones. In this article, we provide a comprehensive breakdown of the legal position of domestic employers in Andalusia.

2. Obligation to Officially Employ and Register with Social Security

The primary and most important obligation of the employer is the official registration of the worker. This includes signing a written employment contract, registering the worker with Social Security (alta), and paying monthly social contributions (cotizaciones). Breach of this duty carries serious fines: from €626 to €6,250 per undeclared worker. For more on the registration procedure, see our «Employment Contract for Domestic Staff» guide. The employer must also notify the TGSS of any changes in working conditions within the prescribed deadlines.

3. Payment of Wages and Social Contributions: Financial Obligations

The employer must pay wages (salario) on time and in full — the amount cannot fall below the SMI of €1,184 per month with 14 payments in 2025. Wages must be paid monthly, with a corresponding pay slip (nómina). In addition, the employer must pay monthly Social Security contributions, the amount of which depends on the contribution base and any applicable bonuses (bonificaciones). Domestic workers (empleada de hogar) in Andalusia benefit from special contribution reductions. See our «Insurance for Domestic Staff» article for details. For proper financial record-keeping, we recommend our «Accounting Services for Employers» guide.

4. Ensuring Safe Working Conditions and Health Protection

The domestic employer is obliged to ensure safe working conditions (prevención de riesgos laborales). This includes providing the necessary personal protective equipment (gloves, masks for cleaning), well-maintained tools and equipment, and giving instructions on how to perform work safely. Particular attention should be paid to working at height (window cleaning), the use of chemical products, and electrical appliances. Although a formal risk assessment is not required for a private household, the employer is liable for accidents caused by their own fault. Taking out civil liability insurance is recommended.

5. Right to Organise Work and Monitor Performance

The employer has the right to organise the work process and monitor the performance of duties. You may set working hours (within legal limits), distribute tasks, set priorities, and check the quality of work performed. The power of direction (poder de dirección) includes the ability to give verbal and written instructions. However, supervision must be exercised with respect for the worker's personal dignity and right to privacy, especially in the case of live-in domestic staff (interno).

6. Obligation to Grant Leave and Pay Sick Leave

The employer must grant the worker 30 calendar days of paid annual leave, as well as paid leave for family circumstances (permisos retribuidos). In addition, the employer must process and pay sick leave (incapacidad temporal) in accordance with the law: the first three days are unpaid; from day 4 to day 15, the employer pays 60% of the regulatory base. For the full list of workers' rights regarding holidays and sick leave, see our «Leave and Sick Leave for Domestic Staff» guide.

7. Record-Keeping and HR Documentation

A domestic employer is required to maintain certain documentation: the employment contract, pay slips (nóminas), a holiday calendar (calendario laboral), sick leave documents (partes de baja, confirmación, and alta), and proof of Social Security contribution payments. Although a formal working-time record is not required for domestic service, it is advisable to log the hours actually worked to avoid disputes. Documents must be kept for a minimum of 4 years. To automate record-keeping, many employers use professional accountants — see our «Accounting Services for Employers» guide.

8. Protection of Workers' Personal Data: GDPR Obligations

The employer must comply with data protection legislation (Ley Orgánica de Protección de Datos — LOPD — and GDPR). This means you may not disclose the worker's personal data — address, NIE, Social Security number, bank details — without their consent. Documents containing personal data must be stored securely. Upon termination of the employment relationship, the employer must destroy or return documents containing personal data, except those that must be kept by law.

9. Obligations Upon Dismissal: Compensation, Documents, and Procedure

Upon termination of the employment relationship, the employer must comply with several requirements: pay the applicable compensation (indemnización) — 12 days per year worked for indefinite contracts —, provide a work certificate (certificado de empresa), and offer a settlement (finiquito) detailing all sums due, including unused holiday days. The employer must also notify the TGSS of the termination (baja en Seguridad Social) within 3 working days. An improper dismissal may be challenged by the worker and result in additional payments. For more on contract termination, see our «Employment Contract for Domestic Staff» guide.

10. Professional Support for Employer Rights and Obligations Compliance

Complying with all the rights and obligations of a domestic employer is a complex task requiring knowledge of Spanish employment law. Spectrum Domus offers comprehensive support for employers in Andalusia: from drafting employment contracts and Social Security registration to record-keeping and calculating dismissal compensation. Our specialists work in Seville, Málaga, Marbella, Granada, and other cities across the region. Need advice on employer rights and obligations? Contact us via the contact form — we will help you manage your domestic staff confidently and lawfully in Spain.