Contracts and rights in domestic and care work (empleada de hogar)

Terms used

• Alta — The alta is the employer's registration of a worker with Social Security, needed before work starts.
• Tesorería General de la Seguridad Social — The Tesorería General de la Seguridad Social is the Social Security office that registers workers and collects contributions.
• Fogasa — Fogasa is a state fund that pays workers some wages and compensation when an employer cannot.
• Desistimiento — The desistimiento is the older way for a household employer to end a job without a formal dismissal.
• Salario mínimo interprofesional — The salario mínimo interprofesional (SMI) is the legal minimum wage, set each year by the Government.

Key rules

• Registration: The employer must register the worker with Social Security (alta) as the household employer.
• Unemployment cover: Household workers have unemployment cover, paid for by employer and worker contributions.
• Resigning: As a worker, you give 7 days' notice when you resign.
• Dismissal: Dismissal needs a real reason and written notice, and an unjustified one brings compensation.

The short version

Domestic and care work is covered by a special system inside general Social Security. Since 2023, household workers have rights much closer to other employees, including unemployment cover. Both the worker and the household employer have duties.

What the employer must do

The employer registers the worker (alta) with the Tesorería General de la Seguridad Social. You can do this online, through the Import@ss service, or at a Social Security office. Do it before the worker starts.

Sign a contract. Put it in writing even when it is not strictly required. A written contract is compulsory for a fixed-term job of more than four weeks. It protects both sides by recording pay, hours and duties.

The employer also has to:

• pay Social Security contributions on time
• cover Fogasa and occupational accident contributions
• carry out a prevention-risk assessment of the workplace, which is the home

Some employers qualify for reductions or bonuses, for example families or low-income households. Ask Social Security whether you qualify.

Contributions

Contributions depend on a pay-bracket table: the worker's pay places them in a bracket, and that sets the amount. The employer pays the larger share and the worker pays their part. The tables and rates change every year, so use the current ones when you register.

Pay

Pay cannot fall below the salario mínimo interprofesional (SMI), the legal minimum wage. The Government sets it each year and it applies from 1 January. It is stated as a daily amount, a monthly amount paid in 14 payments, and an annual total. Hourly pay for domestic workers is worked out from it, and part-time pay is reduced pro rata. Check the current figures with the Ministry of Labour.

Unemployment cover

Household workers are covered for unemployment since 2023. Both employer and worker pay contributions. A worker who meets the conditions can claim benefit if the job ends.

Resigning and dismissal

If you are the worker and want to resign, give 7 days' notice.

If you are the employer, you can no longer end the job freely without cause as before. Dismissal must follow rules like those for other employees: a disciplinary reason or an objective cause, with written notice. The old, simpler route (desistimiento) remains only for specific reasons, such as loss of trust or a change in the family's circumstances.

Notice from the employer is 20 days if the worker has served one year or more, and 7 days otherwise. A worker dismissed without justification is entitled to compensation as for unfair dismissal. For other cases, compensation is 12 days of salary per year worked, up to a maximum of 6 months in some cases. A labour court sets the final details in a dispute.

Dismissal rules for household work are complex. Get advice on your case before dismissing or contesting a dismissal.

The timeline and the questions below cover the order of steps and common doubts.

Timeline and deadlines

• Employer registers the worker (alta) with the Social Security Treasury: Before the worker starts

• Sign a written contract: Recommended for every contract; compulsory for a fixed-term contract lasting more than four weeks

• Worker gives notice when resigning: 7 days before leaving

• Employer gives notice of dismissal, in writing: 20 days if the worker has 1 year of service or more; otherwise 7 days

Frequently asked questions

Does a household worker get unemployment cover?

Yes, household workers have unemployment cover since 2023, paid for by both employer and worker contributions. Benefits are available to workers who meet the qualifying conditions.

Does a household worker need a written contract?

A written contract is recommended for every household worker, and it is compulsory for a fixed-term contract lasting more than four weeks. The employer also registers the worker (alta) with the Social Security Treasury before work starts.

Can a household employer still dismiss a worker without cause?

No, in general an employer must now dismiss for disciplinary or objective reasons, with written notice. The old dismissal without cause (desistimiento) survives only for specific reasons such as loss of trust or a change in the family's circumstances.