Hiring a nanny legally and registering them with Social Security

Terms used

• Alta — The alta is the registration of a worker with Social Security, which must be filed by their first working day.
• CCC — The CCC is the Social Security account code you get as a household employer, used for your nanny's registration and payments.
• NAF — The NAF is a worker's Social Security affiliation number, needed to file their alta.
• SEPE — SEPE is Spain's public employment service, which publishes model contracts.

Key rules

• Registration: Register your nanny with Social Security on or before their first working day, or the registration counts as late and can be sanctioned.
• Written contract: Put the contract in writing; it is required for fixed terms of 4 weeks or more and for trial periods, pay in kind or presence time.
• Working time: Ordinary working time is at most 40 hours a week on average.
• Contributions: You pay both shares to Social Security each month and deduct your nanny's share from their wages.
• Unemployment: Your nanny has unemployment protection through the contributions you pay.

The short version

If you hire a nanny to work in your home, you are a household employer. You need a contract, you must register your nanny with Social Security before they start, and you must pay contributions every month. The steps, documents and checklist are below. This page explains what sits behind them.

Do you need a written contract?

Put it in writing. An open-ended job can legally be agreed orally, and a fixed-term job under 4 weeks can too. A fixed-term job of 4 weeks or more must be in writing. A trial period, pay in kind or "presence time" only count if they are written down. Fixed-term rules changed in the 2021 labour reform, so check the current position if you plan a fixed-term deal.

The contract should name both of you and give:

• the start date and type of contract
• the tasks and the workplace
• pay, split into cash and any pay in kind
• hours and how they are spread over the week
• rest, holidays and any trial period

No official form is compulsory. The public employment service (SEPE) and Social Security publish model contracts you can use, and the template below gives you a plain starting point.

Registering your nanny

You, as employer, are responsible for registering your nanny (the alta), reporting changes and paying contributions. You first register yourself as a household employer to get an account code (CCC). Then you file your nanny's alta, using their Social Security number (NAF) or asking for one if they have none.

Do this before they start, or at the latest on their first working day. Registering after work has begun counts as late and can be sanctioned. Registration can be done online with a digital identity or in person at a Social Security office with an appointment.

If you have a nanny from outside Spain, they need a valid work authorisation. If your nanny has several employers, each employer must register them. Even if your nanny works fewer than 60 hours a month for you, you are responsible for registering and paying unless the two of you agree they will take that on.

Contributions

Contributions are calculated on a base tied to your nanny's real pay, in bands that Social Security updates every year. You pay the larger share. Your nanny's smaller share is deducted from their wages, and you pay both to Social Security each month. Some families qualify for an employer reduction. Check the current bases and rates before you set pay, and give your nanny a payslip every month.

Minimum pay

Your nanny must earn at least the national minimum wage, pro-rated by hours. If you pay by the hour, the hourly rate must include the share of holidays and extra payments. The figure is set each year, so check the current amount with the Ministry of Labour.

Hours and rest

Ordinary working time is at most 40 hours a week on average. On top of that:

• Daily rest is at least 12 hours between shifts, or 10 hours for live-in staff.
• Weekly rest is 36 consecutive hours, usually including Sunday or Saturday afternoon.
• Holiday is 30 calendar days a year, agreed between you.
• There are two extra payments a year, unless you agree they are included in the monthly pay.

A live-in nanny can have presence time agreed in the contract, paid or compensated as you agree. The contract can improve on these minimums but not go below them.

Unemployment protection

Your nanny is covered by unemployment benefit. Your contributions include an unemployment part, and your nanny's share is deducted from their pay. The current rates can change in the annual contribution order, so confirm them when you register.

Health and safety at home

You must protect your nanny's health and safety. Assess the risks in your home, take preventive measures, give them information and training and provide suitable equipment. Your nanny may leave the job if there is a serious risk. Accident and illness cover applies. Your duties are lighter than those of a company.

Registering a household employee step by step

• Agree the terms with your nanny: start date, hours, pay and whether they live in: before you start

• Get a digital identity (Cl@ve or an electronic certificate) and gather the documents: your ID, the nanny's ID or passport, their Social Security number if they have one, and work authorisation for non-EU workers: before you start

• If you register after work has begun, file the alta immediately because it counts as late and can be sanctioned: as soon as you notice the delay

• Deduct the nanny's share from their wages, submit the month's settlement data and pay the contributions by direct debit: every month, by the end of the month in which the work is done

• File any change, such as new hours or pay, and give the nanny a payslip: when the change happens and each month

• If your nanny works fewer than 60 hours a month for you, they may agree to take over registration and payment; if they have several employers, each employer must register them: when you agree terms

Documents you need

• A written employment contract naming both parties, start date, type of contract, tasks, workplace, pay (cash and any in-kind part), hours and how they are spread, presence time, rest, holidays and any trial period. It is required in writing for fixed terms of 4 weeks or more; for other contracts it is strongly advised.

• A model contract from the public employment service (SEPE) or Social Security, if you want a ready-made form. No official form is compulsory.

• Your nanny's Social Security affiliation number (NAF), needed for the registration. If they do not have one, you request it when you register them.

• A valid work authorisation, if your nanny is a foreign national.

• A monthly payslip for your nanny, issued with each month's pay.

Checklist

• Put the contract in writing, including any trial period, pay in kind or presence time, which are only valid if written.

• Get a digital identity (Cl@ve or an electronic certificate) so you can deal with Social Security online.

• Register your nanny (the alta) on or before their first working day.

• Check the current minimum wage and make sure your nanny's pay, pro-rated by hours, does not fall below it.

• Check that your nanny's week averages no more than 40 hours, with the daily and weekly rest agreed in the contract.

Written agreement template for a nanny

Copy this into a document, fill in the blanks and sign two copies, one for each of you. Delete any clause that does not apply. Trial period, pay in kind and presence time only count if they are written in the signed contract, so keep those clauses if you use them. A written contract is also required for any fixed-term contract of 4 weeks or more.

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1. The parties

Employer: full name ______, ID or NIE number ______, address ______.

Employee: full name ______, ID or NIE number ______, address ______, Social Security number ______.

2. Start date and type of contract

The employment starts on ______.

The contract is (choose one): indefinite / for a fixed term until ______.

3. Job and tasks

The Employee works as a nanny. The tasks are:

• Caring for the child or children: names and ages ______.
• Other tasks, for example school runs, meals for the children, children's laundry: ______.

Tasks outside this list, such as general housework, are agreed separately: yes / no.

4. Workplace

The work is done at ______ (address). The Employee lives in the home: yes / no.

5. Working hours

Daily schedule:

• Monday: from ______ to ______
• Tuesday: from ______ to ______
• Wednesday: from ______ to ______
• Thursday: from ______ to ______
• Friday: from ______ to ______
• Saturday and Sunday: ______

Extra hours are agreed in advance and paid at ______ per hour, or given back as time off: ______.

6. Presence time (live-in only)

The Employee is available in the home without actively working for ______ hours a week. This time is paid at ______ per hour, or compensated with ______.

7. Rest

• At least 12 hours of rest between one working day and the next (10 hours for live-in staff, with the difference of up to 2 hours used for meals).

8. Holidays

The Employee has 30 calendar days of paid holiday a year. The dates are agreed between both parties: ______.

9. Pay

Gross monthly salary in cash: ______ euros, paid on day ______ of each month by bank transfer.

Pay in kind (for example food or lodging): ______, worth ______ euros a month. If none, write "none".

Two extra payments a year, in ______ and ______: they are paid separately / they are included in the monthly salary.

The Employer gives the Employee a payslip every month.

10. Trial period

The first ______ days are a trial period (no more than two months). During it, either side can end the contract without notice or compensation. The Employee stays registered with Social Security and is paid for all time worked. If none, write "no trial period".

11. Notice

After the trial period, whoever ends the contract gives the other at least ______ days' written notice. Before you fill this in, check the minimum for your type of contract with your regional labour office or an employment adviser.

12. Other agreed terms

______ (for example sick-leave arrangements, use of a car, travel costs, who covers the Employee's phone).

13. Signatures

Place and date: ______

Employer: ______ Employee: ______

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Public employment and Social Security offices publish model contracts. You can compare this draft with one of those, but no official form is required.

Frequently asked questions

Can I hire a nanny without a written contract?

Yes, an oral contract is allowed for an indefinite-term job, but a fixed-term contract of 4 weeks or more must be in writing. Terms such as a trial period, pay in kind or presence time are only valid if written down. A written contract is the safe choice in every case.

Do I have to register my nanny if they work fewer than 60 hours a month?

Yes, someone must register them, and by default that is you as the employer. If your nanny works under 60 hours a month for you, they can agree to take on the registration and payment themselves. If they have several employers, each one must register them.

Is there an official model contract for a nanny?

No official form is compulsory, but the public employment service (SEPE) and Social Security publish model contracts you can use. Whatever you use should name both parties, the start date, tasks, workplace, pay, hours, rest, holidays and any trial period.

Does my nanny get unemployment protection?

Yes, household employees have unemployment benefit cover since October 2022. You pay an unemployment contribution of 6.2% of the contribution base and your nanny pays 1.6%, which you deduct from their pay.