RD 1620/2011 — domestic employment law — SPECTRUM DOMUS

What is Royal Decree 1620/2011 and why every employer must know about it

Royal Decree 1620/2011 is the key Spanish regulation governing domestic employment relationships. It brought domestic workers' rights in line with other employees and established a special hiring regime. If you employ a housekeeper, nanny, gardener, or caregiver in Andalusia — this decree defines your rights and obligations. Ignoring these rules can lead to fines of up to €10,000 from the Labour Inspectorate.

1. Written contract is mandatory

Under RD 1620/2011, the contract must be in writing if the term exceeds four weeks. It must specify: contract type, working hours, salary, probation period, and accommodation conditions (for live-in staff). Absence of a written contract presumes indefinite full-time employment. Read more in «Employment contracts for domestic staff».

2. Salary — linked to SMI and payment methods

Salaries cannot fall below the SMI, which in 2026 is €1,184 per month across 14 payments. Part-time staff are paid proportionally. Up to 30% may be paid in kind (board and lodging), provided this is explicitly agreed in the contract. Payments in 12 or 14 instalments.

3. Working hours and presence time

Maximum working week is 40 hours, with at least 12 hours between shifts. Horas de presencia — time when the worker is available but not actively working — are paid as ordinary hours, cannot exceed 20 per week, and must be compensated with additional rest.

4. Holidays, sick leave, and time off

30 calendar days of paid annual leave, at least 15 consecutive. Holidays cannot be replaced by payment. Sick leave is covered by Social Security; days 4–15 are paid by the employer. Details in «Holidays and sick leave for domestic staff».

5. Probation period and contract termination

Probation period: up to two months for qualified staff, 15 days for unqualified. Dismissal must be in writing stating the reason. Unfair dismissal — compensation of 20 days per year worked (up to 12 months' salary). Workers must give 7–20 days' notice depending on tenure.

6. Social Security — the employer's obligation

The employer must register the worker with Social Security before work begins. Contributions: ~23.6% employer, ~4.7% worker, plus MEI 0.8%. Bonuses of up to 20% for large families and low-income households. Full breakdown in «Social Security contributions».

7. Occupational risk prevention

Employers must ensure safe working conditions: provide tools and protective equipment (gloves, masks) and instruct on safe use of appliances and ladders. In case of a workplace accident, the employer is liable if reasonable safety measures were not taken.

8. Special conditions for live-in staff

For live-in workers: a private bedroom, access to sanitary facilities, adequate meals, and at least 10 hours of uninterrupted night rest. Presence hours cannot exceed 20 per week and must be specified in the contract.

Need guidance on RD 1620/2011 compliance? Get in touch — Spectrum Domus experts help you meet all Spanish legal requirements for domestic employment.