Employment Law for Domestic Staff in Spain
Employment relations in domestic service are governed by Real Decreto 1424/1985, de 1 de agosto (Royal Decree 1424/1985, of 1 August), which regulates the special employment relationship in the household sector.
What Counts as Domestic Household Service
Scope
This employment relationship covers any form of domestic task, as well as the care or attendance of family members or persons residing at the household address. It also includes childcare, gardening, driving vehicles and similar duties, provided these are carried out within the family home context.
Definition and Parties
The special employment relationship of the Family Home Service (Servicio del Hogar Familiar) is defined as one agreed between the household employer and the person who, in a dependent and compensated capacity, provides services within the family home.
In matters of nationality, the applicable legislation on foreign workers in Spain shall apply.
Exclusions
The following are excluded from the scope of domestic service law:
- Arrangements entered into by legal entities.
- Arrangements between family members for the provision of domestic services, where the person providing the service does not hold employee status under Article 1.3(e) of the Workers’ Statute (Estatuto de los Trabajadores).
- Work carried out on a basis of friendship, goodwill or neighbourly assistance.
- Where the person hired for domestic services is also required to perform duties outside the family home.
Salary
Annual Salary Increase
In line with the Consumer Price Index (IPC), unless the remuneration already exceeds this, in which case the parties shall agree the applicable increase.
Triennial Increments
A minimum equivalent to 3% for every three full calendar years of service with the same employer, up to a maximum of five triennial increments.
Bonus Payments
Domestic workers are entitled to two bonus payments per year. Unless otherwise agreed, these are paid at the end of each six-month period and calculated in proportion to time worked during that period.
The minimum amount of each bonus is equivalent to 15 calendar days’ pay in cash.
Working Hours and Schedules
Working Hours
The maximum ordinary working week is 40 hours of effective work, without prejudice to any additional on-call presence hours that the parties may agree.
Schedule
Working hours are set freely by the household employer, provided that ordinary working hours do not exceed nine hours per day.
Overtime
Overtime comprises hours worked in excess of the maximum ordinary working day. By individual agreement, the parties shall opt either to pay overtime at an agreed rate (which may not be less than the ordinary hourly rate) or to compensate it with equivalent paid rest time. Overtime is always voluntary.
The general provisions of the Workers’ Statute (Estatuto de los Trabajadores) shall apply in all other respects.
Holidays, Rest Periods and Leave
Daily rest: A minimum of ten hours must elapse between one working day and the next if the domestic worker does not sleep at the household address, or eight hours if they do. Live-in employees must have at least two hours available for main meals, which do not count as working time.
Once the working day and any agreed on-call presence time have ended, the employee is not obliged to remain in the family home.
Weekly Rest
Domestic workers are entitled to 36 hours of weekly rest, of which at least 24 hours must be consecutive, preferably coinciding with Sunday. The use of the remaining rest hours shall be determined by agreement between the parties.
Annual Leave
Annual leave amounts to 30 calendar days; at least 15 of these must be taken consecutively, with the remainder capable of being split as agreed between the parties.
Public Holidays
Domestic workers are entitled to public holidays, up to a maximum of 14 per year, in accordance with the calendar published by the relevant Autonomous Community (Comunidad Autónoma).
Leave Entitlements
Domestic workers are entitled to the following leave (the most common are listed below):
- Fifteen calendar days for marriage.
- Two days for the birth of a child and for the death, accident, serious illness, hospitalisation or surgery without hospitalisation requiring home rest of relatives up to the second degree of consanguinity or affinity. Where the worker needs to travel for this purpose, the entitlement extends to four days.
- The time necessary to fulfil an unavoidable public or personal duty, including the exercise of the right to vote. If the worker receives compensation for carrying out this duty, the amount shall be deducted from the salary they would otherwise be entitled to.
- The time necessary to attend antenatal examinations and childbirth preparation sessions that must take place during working hours.
Change of Employer
Contractual transfer due to a change of employer shall only take effect by mutual agreement of the parties. Such agreement is presumed when the domestic worker continues to provide services for at least seven days at the same address, even though ownership of the property or household has changed.
Relocation of the Family Home
Where the family home is relocated to a different locality, continuity of the employment contract is presumed if the worker continues to provide services for seven days at the new address following the move.
If the domestic worker does not accept the relocation, the employment contract is deemed terminated and the employer must make available to the worker a severance payment equivalent to seven calendar days’ pay in cash for each full year of service, up to a maximum of six months’ salary.
Where the relocation is temporary, the parties may agree to suspend the contract.
Temporary Incapacity (Sick Leave)
Where the employment contract is suspended due to temporary incapacity arising from illness or accident, the employer is released from the obligation to pay the domestic worker’s salary.
If the domestic worker is live-in, they are entitled to remain accommodated at the household address for a minimum of 30 days, unless a doctor recommends hospitalisation.
Termination of a Fixed-Term Contract or Withdrawal of Contract by the Employer
Expiry of a Fixed-Term Contract or Withdrawal by the Employer simultaneously with notification of the termination of a fixed-term contract, or where the employer decides to end the employment relationship before the agreed end date,
The employer must make available to the worker a severance payment equivalent in cash to:
- For contracts entered into before the 2012 legislative change: Severance is calculated at 7 calendar days multiplied by the number of full calendar years of service, up to a maximum of six months’ salary.
- For contracts entered into under the 2012 legislation onwards: Severance is calculated at 12 calendar days multiplied by the number of full calendar years of service, up to a maximum of six months’ salary.
Resignation by the Worker
Where the worker resigns, they must give the employer at least:
- 7 days’ notice, if the employment relationship has lasted less than 1 year
- 20 days’ notice, if the employment relationship has lasted more than 1 year.
If the worker’s resignation is based on a serious breach of contract by the employer — such as failure to pay or repeated delays in paying the agreed salary, damage to the worker’s dignity, etc. — the worker shall be entitled to a severance payment equivalent to 7 or 12 days’* pay in cash for each full calendar year of service, including extensions, up to a maximum of twelve months’ salary.
*(This depends on whether the employment contract was entered into before or after the 2012 legislative change.)
Withdrawal by the Employer (Desistimiento de contrato)
A verbal or written contract may be terminated before the agreed date by the employer’s withdrawal.
In this case, the employer must notify the worker of this decision with notice of 20 days in advance of the termination date if the employment relationship has lasted more than one year, or 7 days if it has lasted less.
During the notice period, the worker is entitled, without loss of pay, to six hours per week free from duties in order to seek new employment.
Simultaneously with the termination notice, the employer must make available to the worker a severance payment equivalent to 7/20 calendar days’ pay for each year of service, up to a maximum of six months’ salary.
The employer may replace the notice period with a payment equivalent to the salary for the notice period.
Disciplinary Dismissal
Disciplinary dismissal must be notified in writing. In such cases, it is strongly recommended to seek prior legal advice, as the written dismissal must comply with employment law requirements; failure to meet those requirements will produce the same effects as unfair dismissal.
If the competent court (Labour Court) declares the dismissal unfair, the compensation payable shall be equivalent to twenty calendar days’ pay for each full calendar year of service, including extensions, up to a maximum of twelve months’ salary.
Other Grounds for Termination
- By mutual agreement of the parties.
- By causes validly stipulated in the contract, provided these do not constitute a manifest abuse of right by the employer.
- By retirement, death, severe disability or total or absolute permanent disability of the worker.
- By the death or incapacity of the employer.
- By force majeure that permanently prevents the work from being carried out, for example the loss or destruction of the family home.
