LegalGuide

How to Hire a Live-In Housekeeper in Spain: A Step-by-Step Legal Guide

Everything you need to know to legally hire a live-in housekeeper in Spain: employment contract, Social Security, salary and worker rights.

How to Hire a Live-In Housekeeper in Spain: A Step-by-Step Legal Guide

Getting It Right from the Start

Hiring a live-in housekeeper is an important step. Doing it legally protects both the family and the worker, and prevents problems down the line. This guide summarises the key points of the process in Spain.

1. The Employment Contract

The contract must be formalised in writing and registered with the SEPE (Spanish Public Employment Service). It should include the following essential details:

  • Details of both parties (employer and worker)
  • Type of employment: live-in (full-time with overnight stay)
  • Gross monthly salary (at least the current SMI — minimum wage)
  • Working hours and rest periods
  • Benefits in kind (accommodation and meals, which may account for up to 30% of the salary)
  • Probationary period (maximum 2 months)
  • Duration: permanent or temporary

2. Social Security Registration

As an employer, you must register with the Special System for Domestic Workers within the Social Security system. The steps are:

  1. Apply for registration as an employer (form TA.6-0138)
  2. Register the worker (form TA.2/S-0138)
  3. Pay the monthly contribution (varies by salary bracket)

Registration must be completed before the worker starts. Contributions are paid monthly by direct debit.

3. Minimum Wage and Bonus Payments

In 2026, the Salario Minimo Interprofesional (SMI) — the national minimum wage — is the mandatory reference. For full-time live-in housekeepers:

  • Gross monthly salary: at least the SMI (paid in 14 instalments, or prorated across 12)
  • Two bonus payments per year (June and December), unless prorating is agreed
  • If the worker lives in the home, up to 30% may be deducted in kind for accommodation and meals

4. Working Hours and Rest Periods

The law establishes:

  • Maximum working week: 40 hours of effective work
  • On-call time: up to 20 additional hours per week (compensated with pay or time off)
  • Daily rest: minimum 12 hours between shifts (for live-in workers this can be reduced to 10, with the difference made up over 4-week periods)
  • Weekly rest: 36 consecutive hours (typically Saturday afternoon and Sunday)
  • Annual leave: 30 calendar days per year

5. Work Permits for Foreign Nationals

If the candidate is a Filipino citizen with legal residency in Spain, she can work directly. If a permit needs to be arranged:

  • Arraigo social (social roots permit — 3 years in Spain + a job offer)
  • Residence and work authorisation for employed workers
  • Family reunification (if she has a family member who is a legal resident)

It is essential to verify that the candidate’s documentation is in order before signing the contract.

6. Tax Obligations

As a domestic employer, you are not required to withhold income tax (IRPF), but the worker must declare her income if it exceeds the exempt threshold. We recommend providing her with an annual earnings certificate.

7. Termination of Employment

If you need to end the working relationship:

  • Withdrawal (desistimiento): 20 days’ notice (7 days if the worker has been employed for less than 1 year). Severance pay of 12 days’ salary per year of service.
  • Disciplinary dismissal: requires justified cause
  • Resignation by the worker: 7 days’ notice (or as stated in the contract)

Summary

ItemDetails
ContractWritten, registered with SEPE
Social SecurityRegistration in the Special System
SalaryAt least the SMI (minimum wage)
Working hours40h/week + up to 20h on-call
Annual leave30 calendar days/year
Withdrawal severance12 days/year + notice period

Next Step

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