Nannies, au pairs and household help

It is for anyone considering, planning or carrying out a move to Spain. You do not need to know the local rules in advance.

Start with "Hiring a nanny legally and registering them with Social Security". It walks you through the contract, registration and your duties as an employer from the first paid day. From there, move to the article that matches your situation. If you already pay someone in cash, read the one on regularising. If you are still looking, read the one on finding and vetting.

Key rules

• Working hours: Ordinary working time is at most 40 hours a week on average.
• Pay in kind: Board and lodging can be part of pay, but no more than 30% of total pay, and cash pay can never fall below the minimum wage.
• Registration timing: Register the worker with Social Security before they start, or at the latest on their first working day; registering after work has begun counts as late and can be sanctioned.
• Trial period: A trial period must be agreed in writing and cannot exceed two months.
• Social Security baja: Submit the Social Security baja within 3 calendar days of the end of the employment.
• Employer notice: If you end the employment without cause, give written notice of 20 days if the nanny has worked for you a year or more, or 7 days if less than a year.

Nannies, au pairs and household help: the whole process, step by step

From first check to final paperwork

• Check the candidate's right to work in Spain and keep a copy of their documents (Finding and vetting a nanny or babysitter you can trust): Before you offer the job

• Get a digital identity and register as a household employer with Social Security (Hiring a nanny legally and registering them with Social Security): Before the worker starts

• Agree the contract, including any trial period of up to two months, which must be in writing (Hiring a nanny legally and registering them with Social Security): Before the first working day

• Register the worker with Social Security (Registering a household employee step by step): Before they start, or at the latest on their first working day

• Already paying cash-in-hand? Register now and sort out past contributions (Already paying a nanny informally? How to regularise): As soon as you decide to regularise, before any further paid work

• Run the job within the hours and rest rules: no more than 40 hours a week on average (Hiring a nanny legally and registering them with Social Security): Throughout the employment, with contributions and payslips each month

• Give written notice if you end the job without cause: 20 days if the nanny has worked for you a year or more, 7 days if less, with the compensation paid at the same time (Ending a nanny's employment correctly): 20 days or 7 days before the end date, depending on length of service

• Dismissing for serious misconduct: give written notice describing the facts. The nanny can challenge it in the labour court (Ending a nanny's employment correctly): The nanny has 20 working days to challenge

• Submit the Social Security baja (deregistration) (Ending a nanny's employment correctly): Within 3 calendar days of the end of the employment

• Give the finiquito (final settlement) and a certificate of the work: When the employment ends

Documents you may need

Identity and residence

• Your nanny's ID or passport — Finding and vetting a nanny or babysitter you can trust, Already paying a nanny informally? How to regularise
• The registration certificate with the NIE — Already paying a nanny informally? How to regularise
• Your own digital identity — Already paying a nanny informally? How to regularise

Income and work

• A monthly payslip for your nanny — Hiring a nanny legally and registering them with Social Security

The home and the lease

• A signed contract — Hiring a nanny legally and registering them with Social Security, Already paying a nanny informally? How to regularise

Other documents

• Your nanny's Social Security affiliation number — Hiring a nanny legally and registering them with Social Security
• A valid work authorisation — Hiring a nanny legally and registering them with Social Security
• Written agreement of the trial period — Ending a nanny's employment correctly
• Finiquito — Ending a nanny's employment correctly
• Social Security baja — Ending a nanny's employment correctly
• Early childhood care qualification or related training certificate of the madre — Home childminders (madres de día) and informal care networks

Each article lists the other documents it asks for, where you need them.

Nannies, au pairs and household help: questions that cross several articles

Who has to register a nanny with Social Security?

You, as the employer, must register your nanny and pay the contributions, including the worker's share, which you deduct from pay. If the nanny has several employers, each one must register them. Read Hiring a nanny legally and registering them with Social Security first, then Registering a household employee step by step.

How do I check that a candidate can legally work in Spain?

Ask for an ID or passport if they are Spanish or from the EU, or for a residence and work authorisation, usually shown on the TIE card, if they are from outside the EU. Keep a copy and note the expiry date. See Finding and vetting a nanny or babysitter you can trust, then Hiring a nanny legally and registering them with Social Security.

Does the minimum wage apply to a nanny?

Yes, the minimum wage applies to nannies, pro rata by hours worked. For hourly pay, the rate includes the share of holidays and extra payments. Cash pay can never fall below it, even when board and lodging are part of pay, as explained in Finding and vetting a nanny or babysitter you can trust.

What if I have been paying my nanny in cash for a while?

You can still register now, but unpaid contributions can be claimed for the whole period worked, with surcharges and interest, and the limit is 4 years. Read Already paying a nanny informally? How to regularise, then Hiring a nanny legally and registering them with Social Security for the steps after that.