Employment contract for domestic staff — SPECTRUM DOMUS

1. Employment Contract for Domestic Staff in Spain: The Foundation of a Legal Relationship

An employment contract (contrato de trabajo) with domestic staff is the cornerstone of a legal working relationship in Spain. Whether you are hiring a housekeeper with a contract in Seville, looking for a nanny in Málaga, or a gardener in Marbella, a properly executed contract protects both sides. The employer sets clear terms of service, and the worker gains Social Security coverage and fundamental labour rights. Without an official contract, you risk fines from the Labour Inspectorate (Inspección de Trabajo) of up to €10,000 and complete vulnerability in the event of a dispute. Official employment through a written contract is not merely a formality — it is your legal safeguard and a statutory obligation.

2. Types of Employment Contracts for Domestic Staff in Andalusia

Spanish law provides several contract types for domestic personnel. The most common is the indefinite contract (contrato indefinido), used when the need for service is permanent — such as hiring a full-time housekeeper in Granada or a live-in carer in Marbella. For seasonal work or temporary replacements, a temporary contract (contrato temporal) can be concluded for up to 12 months with a single renewal option. There is also the part-time contract (contrato a tiempo parcial), ideal when you only need cleaning a few days a week. Each contract type has specific registration and contribution requirements, so we recommend reviewing our «Employer Rights and Obligations» guide for a full understanding of your duties.

3. Mandatory Elements of an Employment Contract: What Must Be Included

The domestic employment contract must contain several mandatory elements: full identification of both employer and worker (including NIE/NIF), start date, contract type, weekly working hours, salary — which cannot fall below the Minimum Interprofessional Wage (SMI), set at €1,184 per month in 2025 with 14 payments (€1,134.71 with 12 payments) — and any probation period. Pay particular attention to the job description: cleaning (limpieza), cooking (cocina), childcare (cuidado de niños) or elderly care, gardening (jardinería). Missing any of these elements can render the contract legally invalid. We also recommend our «How to Negotiate Salary» guide for a detailed breakdown of financial aspects.

4. Probation Period: Rights and Limits for the Employer

The probation period (período de prueba) is a powerful tool for domestic employers in Andalusia. By law it may last up to two months for qualified staff (such as a professional carer or cook) and 15 days for unqualified workers (cleaner, domestic helper). During probation, either party may terminate the contract without notice or compensation. Crucially, the probation clause must be explicitly stated in writing within the contract — verbal agreements carry no legal weight in Spanish labour law. At Spectrum Domus, we help you properly document all contract terms and agree on the probation period with the worker.

5. Salary and Payment System for Domestic Staff

Salary (salario) and payment terms are the core of any employment contract. Employers may choose between 12 monthly payments (higher monthly salary, no extra payments) or 12 payments plus two extra payments (pagas extraordinarias) in June and December — the standard system in Spain. The minimum wage for a housekeeper with a contract in Seville and across Andalusia in 2025 is €1,184 per month for full-time with 14 payments. Monthly pay slips (nóminas) must be provided to the worker. Note that you are also required to pay Social Security contributions — see our «Insurance for Domestic Staff» article for details.

6. Working Hours and Presence Hours: What Employers Need to Know

Particular attention must be paid to working hours (jornada laboral). The contract must clearly specify the weekly hours (maximum 40 for full-time), whether the role is full-time or part-time, and any presence hours (horas de presencia). Presence hours are time when the worker is available at the employer's disposal but not actively working; they are paid at no less than the minimum hourly rate and cannot exceed 20 per week. At least 12 hours of rest must elapse between shifts. These rules apply equally to any domestic worker with a contract in Seville, Málaga, or elsewhere in Andalusia.

7. Registration Procedure and Social Security Alta

Social Security registration (alta en la Seguridad Social) is a mandatory step in official employment. The process involves preparing the contract, completing form TA.2/S-0138, and submitting the application to the Tesorería General de la Seguridad Social (TGSS). How to register a domestic worker step by step: first sign the written contract, then submit the alta application, and upon approval the worker receives their afiliación number. At Spectrum Domus, we help clients complete the entire alta process within 24–48 hours. A properly registered contract is also essential for third-country nationals to obtain a residence permit (permiso de residencia). Be sure to also review our «Leave and Sick Leave» guide.

8. Modifying Contract Terms: Procedure and Limits

Substantial modification of working conditions (modificación sustancial) is only permitted by mutual agreement or, unilaterally, when compelling economic, technical, or organizational reasons exist. Any significant change — salary, schedule, hours, or duties — must be notified in writing at least 15 days in advance. If the worker disagrees with the changes, they have the right to terminate the contract with compensation of 20 days per year worked (capped at 9 months). We recommend agreeing on all changes in advance and consulting with specialists.

9. Contract Termination: Grounds, Compensation, and Procedure

Termination of a domestic employment contract may occur for various reasons: dismissal by the employer (despido), voluntary resignation by the worker (baja voluntaria), or expiry of a fixed-term contract. For dismissal, compensation (indemnización) of 12 days per year worked must be paid for indefinite contracts, along with a work certificate (certificado de empresa). For voluntary resignation, the worker must give 7 days' notice (if tenure is under one year) or 15 days. In the event of a dispute, we recommend consulting our complete «Employer Rights and Obligations» guide.

10. Professional Support in Drafting Your Employment Contract

Properly drafting an employment contract for domestic staff is the key to peace of mind and legal security. Spectrum Domus offers full support: from contract preparation to Social Security registration. We operate throughout Andalusia — in Seville, Málaga, Marbella, Granada, Córdoba, and beyond. Our specialists will help you choose the optimal contract type, calculate salary and contributions, and ensure all documents are correctly processed. Need help with an employment contract for domestic staff? Contact us via the contact form — we will help you find and officially employ domestic staff in Spain.