Overview of Working Conditions for Domestic Staff in Spain

The working conditions for domestic employees are set out in the current Special Domestic Employment Regime [Convenio de Régimen Especial de Empleados/as del Hogar] (Royal Decree 1424/1985) [Real Decreto 1424/1985], in force within the Workers’ Statute [Estatuto de los Trabajadores]. A summary of the key provisions is set out below:

First

A trial period of 15 days must be established — advisable for both parties. In all cases, this trial period must be remunerated in accordance with the economic agreement reached at interview. At the end of the trial period, the employment relationship may be terminated if either party is not satisfied, without the need for prior notice or compensation.

Second

The agreed salary shall be the net amount handed to the worker on the agreed monthly payment date, one month in arrears. No deduction may be made from this amount on any account, including board or lodging, whether for live-in or live-out staff.

The Social Security (Seguridad Social) contribution is payable by the employer provided that the worker works 80 or more hours per month in their service.

Third

Workers employed on a live-in basis shall be entitled to a minimum of 36 hours per week as days off (equivalent to one and a half days), of which 24 hours must be consecutive and preferably on a Sunday. (One of the most common reasons domestic workers cite for wishing to change employment is having their days off split, particularly when they live on the outskirts of Madrid.)

The time by which live-in workers must be released on their days off is no later than 12:00 midday (a departure time after this would not be considered a genuine day off). Their return time, in the event of being off on Sunday, shall be no earlier than 22:00, unless some form of compensation is mutually agreed.

Fourth

Workers are entitled to receive two half annual bonus payments [medias pagas extraordinarias], to be paid in June and December respectively. Each bonus is equivalent to 15 days’ salary.

To receive the first full half-bonus, the worker must have completed a minimum of 6 months of employment. If less than 6 months have been worked, the payment will be calculated on a pro-rata basis. This entitlement applies to both live-in staff and live-out staff working more than 80 hours per month in the same household.

Hourly workers have different entitlements under the applicable regulations (in cases where they do not exceed 80 hours per month). Their monthly salary shall include, on a pro-rata basis, the corresponding proportion of bonus payments and holiday pay. (This should be taken into account when negotiating their salary.)

Fifth

The daily working hours of a live-in employee must not exceed 10 hours of effective work. Night-time supervision of minors is not counted as effective working time; it is classified as on-call presence.
Workers are entitled to a 2-hour rest break at midday for lunch and rest, which does not count as working time.
If workers are responsible for the care of minors or unwell persons, they should seek rest periods during the day when those in their care are under the supervision of another person or are themselves resting.
It is advisable to organise evening meal schedules so that the worker’s working day does not end later than 22:00, as this is also one of the principal reasons domestic workers cite for leaving their jobs.

Sixth

The worker is entitled to 30 paid calendar days of annual leave, to be distributed according to the employer’s needs. The applicable regulation provides that for every 11 months worked, the worker is entitled to 30 days’ leave. To calculate settlement payments for untaken leave, we use the formula of 2.5 days multiplied by the number of months worked; the resulting amount must be included in the final settlement payment (finiquito).

Seventh

Public holidays set out in the workers’ holiday calendar established under the Workers’ Statute apply equally to both live-out and live-in workers, who are entitled to a 24-hour rest period on each public holiday.
Workers are entitled to 14 public holidays per year. If their services are required on any of these days, an additional payment must be made; the current going rate is between €40 and €50 per public holiday worked.

Eighth

Employers are obliged to register with the Social Security (Seguridad Social) any workers who work 80 or more hours per month in their household.

The nearest Social Security Treasury Office (Tesorería de la Seguridad Social) to your address will advise you on the procedures to follow. Workers who do not reach this monthly hours threshold must register as self-employed (autónoma) themselves; in such cases, a proportional contribution to this cost may be included in their agreed salary.

Ninth

Live-in workers are employed with accommodation and board included; accordingly, they shall be provided with a private individual bedroom, of a decent standard, with adequate ventilation and heating in winter. Board must be of a proper standard, generally sharing the family’s daily meals, with portions appropriate to the worker’s age and constitution.

For live-out workers, they shall be entitled to a half-hour rest break for lunch, whenever their working day exceeds 4 hours.

Tenth

Workers are obliged to give the employer a minimum of 7 days’ notice should they decide to terminate the employment relationship, in order to allow adequate time to arrange a replacement. Similarly, the employer must give the worker 7 days’ notice should they decide to dispense with their services, except in extreme cases where the working relationship has deteriorated to such an extent that continuation is impossible.

At that point, the worker must be issued with a final settlement payment (finiquito) based on their salary, covering the last month worked, and ensuring that any untaken holiday entitlement or outstanding portions of bonus payments are included.

It is advisable to prepare a letter of termination of the employment relationship and confirmation of acceptance of the final settlement by the worker. This must be signed by the worker and shall specify:

Full name and national identity document number (DNI) of the employer
Full name and foreign national identification number (NIE) of the worker
The date on which the employment relationship ends

The amounts paid under each heading: last month worked, pro-rata proportion of untaken holiday entitlement, pro-rata proportion of bonus payments due for the period worked.

If the worker has been employed for more than one year, the applicable regulation provides for an entitlement to severance pay of 7 days per year worked.