Domestic Workers Advisory Service

• When the contract is entered into with a company. This is treated as a standard employment relationship, with registration under the General Scheme of Social Security.
• When services are provided both at the home and at the employer's business premises. This is also treated as a standard employment relationship.
• Temporary employment agencies (ETT).
• Professional carers (Law 39/2006 of 14 December).
• Non-professional carers provided by family members or people within the person's immediate circle (Law 39/2006 of 14 December).
• Relationships between family members providing domestic services on an unpaid basis (Article 1.3(e) of the Workers' Statute).
• Friendship, goodwill or neighbourly assistance.
• Collaborative living arrangements and family cohabitation, such as so-called "au pair" arrangements, where the domestic services involved are only minor or incidental:
  • services such as childcare,
  • language teaching.

I am a national of a non-EU country, and I have no residence papers or work permit in Spain.

What residence permit based on arraigo (residence by social/family/employment ties) can I apply for?

It is very common for domestic service roles to be filled by foreign nationals who do not hold a work permit.

One of the essential requirements for obtaining a Residence Authorisation on Exceptional Grounds is the ability to demonstrate the existence of an employment relationship lasting more than six months.

In the context of domestic service, the authorities will only accept, as proof for the purposes of granting a residence permit in Spain, the submission of an administrative or judicial conciliation act.

Contact our immigration specialists and employment lawyers if you need assistance in this area.

TEMPLATE employment contract AND ONLINE REGISTRATION FOR DOMESTIC WORKERS

• Either party may require that the contract be formalised in writing.
• Unless proven otherwise, a verbal contract shall be presumed to be permanent and full-time if its duration exceeds four weeks.
• The probationary period shall not exceed two months.
• The contract must include:

  • Any salary payments made in kind, where these have been agreed.

  • The duration and distribution of any agreed on-call or standby hours, as well as the system for their remuneration or compensation.

  • The arrangements for overnight stays by the domestic worker at the family home, where applicable.

Download the registration forms here.

information on hiring a domestic worker

• The domestic worker's salary will be whatever is agreed between the parties, but must be no less than the Spanish national minimum wage (SMI).
• Two bonus payments per year, which shall be paid, unless otherwise agreed, at the end of each six-month period.
  • The amount may be whatever the parties agree, but must be at least the salary at the national minimum wage level, calculated on an annual basis.
• Where benefits in kind are provided, such as accommodation or meals, a percentage agreed by the parties may be deducted for such items, provided that
  • payment in cash of at least the national minimum salary is guaranteed on a monthly basis.
  • the deduction does not exceed 30 per cent of the total salary.
• payslip payment must be made using the official payslip template.

WORKING HOURS

•  The maximum ordinary working week shall be forty hours of actual work.
• Additional on-call time, at the employer's disposal.
  • Working hours shall be determined by agreement between the parties.
  • The parties must agree on the remuneration or compensation for on-call time.
  • The maximum working hours and minimum rest periods must be respected.
  • Maximum additional on-call time: 20 hours per week within a calendar month, unless equivalent paid rest periods are granted.
• The employee shall not be required to remain in the family home once the daily working hours and on-call time have ended.
• Entitlement to a weekly rest period of 36 hours, which shall generally include Saturday afternoon or Monday morning and the whole of Sunday.
• Rest between working days: 12 hours, which may be reduced to ten hours, with the remaining time up to twelve hours to be compensated over periods of up to four weeks.
• Entitlement to public holidays and leave (Art. 37 of the Workers' Statute)
• Annual leave shall be thirty calendar days (fifteen consecutive calendar days, of which employees must be given at least two months' prior notice of the dates) 

withdrawal from contract AND dismissal IN DOMESTIC EMPLOYMENT CONTRACTS

• For contracts of more than one year's duration, the employer must provide a minimum notice period of twenty days.
• For contracts of less than one year's duration: a notice period of seven days applies.
• In both cases, the employee is entitled to six hours of paid leave per week during the notice period to seek alternative employment.
• The notice period may be replaced by an equivalent payment in lieu.

COMPENSATION

The employer must simultaneously make available to the employee compensation of twelve calendar days' pay per year of service, capped at six months' salary.

SUSPENSION OF THE employment contract

Where the domestic employment contract is suspended due to temporary disability (IT) of the household employee resulting from illness or accident, a live-in employee shall be entitled to remain accommodated at the household for a minimum of thirty days, unless hospitalisation is recommended on medical grounds.

Termination of Contract BY dismissal

• The employment relationship shall be terminated in accordance with the provisions of Article 49 of the Workers' Statute, with the exception of grounds h), i) and l) of paragraph 1 of that article, which are incompatible with the nature of this type of relationship.
• disciplinary dismissal of the employee shall be effected by written notice, on the grounds set out in the Workers' Statute. Compensation shall be calculated at twenty calendar days per year of service, up to a maximum of twelve monthly payments.
  • Where the required formalities are not observed, the dismissal shall be deemed unfair dismissal.
  • dismissal — rather than withdrawal from contract — shall be presumed where:
    • the dismissal is not given in writing.
    • compensation is not made available to the employee simultaneously with the dismissal.