Domestic Worker Labour Rights in Spain 2026: A Complete Guide

The regulation of domestic employment in Spain has evolved significantly in recent years. Since the integration with the General Social Security System, domestic workers now enjoy rights that are increasingly aligned with those of other employees. This guide covers all the rights in force in 2026.

1. Mandatory Employment Contract

Since 2012, a written employment contract has been mandatory for any domestic work relationship, including hourly arrangements. The key points:

Format: Must be in writing whenever the duration exceeds 4 weeks. For contracts of less than 4 weeks, a verbal agreement is permitted, although putting it in writing is always recommended.
Minimum content: Identification of both parties, duties, working hours, salary, duration, workplace address, and whether overnight stay (live-in) is agreed.
Probationary period: Maximum 2 months. During this period, either party may terminate the contract without notice or severance pay.
Registration: It does not need to be registered with the SEPE (public employment service), but the Social Security registration must be completed.

Tip: A clear and detailed contract prevents misunderstandings. Specify schedules, specific duties, days off, and accommodation conditions if the worker is live-in.

2. Working Hours and Rest Periods

The maximum legal working week is 40 hours of effective work:

Daily working hours: Maximum 9 hours of effective work, with a minimum rest period of 12 hours between shifts.
Weekly rest: 36 consecutive hours (typically Saturday afternoon and all day Sunday).
Live-in workers: In addition to working hours, live-in workers are entitled to 2 hours per day for meals (which do not count as working time) and a night rest period of at least 8 consecutive hours.
On-call time: Agreed on-call hours (being present at the home but not actively working) must not exceed an average of 20 hours per week over a month. They must be compensated with time off or additional pay.
Overtime: Domestic workers are not permitted to work overtime under current regulations. On-call hours are the agreed alternative.

3. Salary and Bonus Payments

The minimum salary is governed by the current SMI (national minimum wage), with these specifics:

Cash salary: Payment must be made in legal tender, on time on the agreed date.
Salary in kind: For live-in workers, accommodation and meals may count as salary in kind, but must never exceed 30% of the total salary. The remaining 70% must be paid in cash.
Bonus payments: Workers are entitled to 2 bonus payments per year (usually in June and December), unless prorating across 12 monthly payments is agreed.
Payslip: The employer must provide a payslip (nomina) signed by both parties.
Annual review: The salary must be reviewed each year, increasing at least in line with any rise in the SMI.

4. Annual Leave and Public Holidays

Domestic workers are entitled to:

Annual leave: 30 calendar days per year (2.5 days per month worked). This can be split into two periods, one of which must be at least 15 consecutive days.
Public holidays: The 14 official public holidays (national + regional + local) are paid rest days.
Scheduling: Annual leave must be agreed between both parties. The employer may set 15 days according to their needs, and the worker chooses the other 15.

Since January 2023, domestic workers have been fully integrated into the General Social Security System with full rights:

Contributions

Mandatory registration: The employer must register the worker from the first day of employment. The deadline is 6 days before or on the same day work begins.
Contributions: The employer pays the employer’s share and deducts the worker’s share from her salary.
Multiple employers (hourly workers): Each employer registers the worker and contributes proportionally.

Benefits Included

Full healthcare coverage
Temporary disability (sick leave for illness or accident) from day 4
Maternity and paternity leave: 16 weeks of fully paid leave
Unemployment benefits: Domestic workers now have the right to unemployment benefits since October 2022. Unemployment contributions are made and workers have access to benefits under the same conditions as the General System.
Retirement pension: Workers build up pension rights like any other employee.
Pregnancy and breastfeeding risk protection

Unemployment benefits were one of the sector’s greatest achievements. Make sure you are contributing correctly for this item.

6. Occupational Health and Safety

The employer has a duty to ensure the worker’s safety and health:

Inform the worker about risks in the home and preventive measures.
Maintain the home in adequate conditions of safety and hygiene.
Provide protective equipment if tasks require it (cleaning products, for example).
For live-in workers, guarantee a decent room with ventilation, natural light, adequate furniture, and a lock.

7. Termination of Employment: Dismissal, Withdrawal and Severance

There are two ways for the employer to end the employment relationship:

Disciplinary Dismissal

Grounds: Serious breach of duties by the worker.
Severance: If declared unfair, 20 days’ salary per year of service (maximum 12 months’ salary).

Withdrawal (Desistimiento)

No grounds required: The employer may end the contract without needing to justify a reason.
Notice period: 7 days if the relationship has lasted less than 1 year; 20 days if longer.
Severance: 12 days’ salary per year of service (maximum 6 months’ salary).
Job search leave: During the notice period, the worker is entitled to 6 hours per week to look for new employment.

Resignation by the Worker

The worker may resign voluntarily with at least 7 days’ notice.
No severance pay is owed.

8. Fundamental Rights

In addition to the specific labour rights above, domestic workers hold all the fundamental rights recognised by the Constitution and employment law:

Non-discrimination on the grounds of sex, origin, religion, or any other condition.
Privacy and personal dignity.
Physical and moral integrity: Protection against harassment.
Right to digital disconnection outside working hours.

Summary Table

Right	Details
Contract	Mandatory in writing (>4 weeks)
Maximum working hours	40 hours/week
Annual leave	30 calendar days/year
Bonus payments	2 per year (June and December)
Probationary period	Maximum 2 months
Unemployment benefits	Yes, since October 2022
Sick leave	From day 4
Maternity leave	16 weeks at 100% pay
Withdrawal severance	12 days/year (max. 6 months’ salary)
Unfair dismissal severance	20 days/year (max. 12 months’ salary)
Salary in kind (live-in)	Maximum 30% of total

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