2026 Employment Law Changes for Domestic Workers in Spain
A round-up of every 2026 employment law change affecting domestic workers in Spain: minimum wage, social security contributions, unemployment, risk prevention and regularisation, with links to each detailed guide.
In short
The 2026 domestic employment law changes at a glance
Domestic employment has spent years moving closer to the general employment-rights regime, and 2026 cements that progress. These are the changes every employer needs to be aware of this year, each one explained in more detail below and linked to its full guide.
| Area | 2026 change | Legislation |
|---|---|---|
| Pay | Minimum wage of 1,221 €/month over 14 payments (9.55 €/hour) | Royal Decree 126/2026 |
| Contributions | MEI of 0.90% and current rebates | Order PJC/297/2026 |
| Unemployment and dismissal | Unemployment benefit and Wage Guarantee Fund (FOGASA); end of no-fault termination | Royal Decree-Law 16/2022 |
| Risk prevention | Mandatory risk assessment, training and health surveillance | Royal Decree 893/2024 |
| Immigration | Sociolabour roots route (arraigo sociolaboral) and extraordinary regularisation | Royal Decree 1155/2024 and Royal Decree 316/2026 |
1. The 2026 minimum wage for a domestic worker
The Spanish minimum wage (Salario Mínimo Interprofesional, SMI) is updated each year and is identical for domestic workers and for every other employee. Royal Decree 126/2026 (published in the Official State Gazette, BOE, on 18 February 2026) raised it by 3.1% from the 1,184 €/month of 2025, backdated to 1 January 2026.
| Item | 2026 amount |
|---|---|
| Salary over 14 payments | 1,221 €/month |
| Salary over 12 payments (extra payments spread out) | 1,424.50 €/month |
| Annual total | 17,094 €/year |
| Minimum hourly rate (live-out or by-the-hour work) | 9.55 €/hour |
What does this mean for your domestic worker?
No domestic worker may be paid below these amounts, whether full-time or hired by the hour. For by-the-hour work, the legal minimum is 9.55 € per hour actually worked, an amount that already includes the proportional share of extra payments and holiday. The standard maximum working week is 40 hours, and overtime is capped at 80 hours a year (Article 35.2 of the Workers' Statute (Estatuto de los Trabajadores), applicable via Article 9.5 of Royal Decree 1620/2011).
You will find the full breakdown by working pattern and arrangement in our guide to how much a domestic worker earns in Spain in 2026.
2. Contributions, rebates and the MEI
Domestic workers have been integrated into the General Social Security Scheme (Régimen General de la Seguridad Social), within the Special System for Domestic Workers, since 2012 (Royal Decree 1620/2011). The big change came with Royal Decree-Law 16/2022: since 1 October 2022, contributions are paid and there is protection through unemployment benefit and the Wage Guarantee Fund (FOGASA). Registration with Social Security (Seguridad Social) is mandatory from the very first hour of work, whatever the number of hours.
To ease the cost of hiring, the existing rebates remain in place:
- A 20% reduction in the employer's contribution for common contingencies (rising to 45% in cases such as large families, where the requirements are met).
- An 80% rebate on unemployment and FOGASA contributions.
- The MEI (Intergenerational Equity Mechanism) stands at 0.90% in 2026: 0.75% paid by the employer and 0.15% by the worker (Order PJC/297/2026).
Income tax withholding (IRPF) is not compulsory in domestic employment; it is only applied if both parties voluntarily agree to it. With the rebates applied, the total cost to the employer (salary plus contributions) for a full-time worker is around 1,801 €/month. You can see the detailed calculation in how much a domestic worker's Social Security costs.
3. Unemployment, dismissal and final settlement
Since October 2022, domestic workers have been entitled to unemployment benefit, so the employer also pays contributions for this contingency. Royal Decree-Law 16/2022 also abolished no-fault termination (desistimiento libre): today every termination must be justified in writing, with loss of trust being a common ground.
| Type of termination | Severance | Cap |
|---|---|---|
| Withdrawal (with cause, notified in writing) | 12 days' salary per year worked | 6 months' pay |
| Unfair dismissal | 33 days' salary per year worked | 24 months' pay |
When the employment relationship ends, you must deregister the worker from Social Security and pay the final settlement (finiquito), which includes any outstanding salary, the proportional share of the extra payments (accrued according to their six-month accrual period, not by dividing one payment by 360) and any holiday not taken.
4. Occupational risk prevention (Royal Decree 893/2024)
This is the major change of recent months. Royal Decree 893/2024 regulates occupational risk prevention in domestic service for the first time and has been fully enforceable since 14 November 2025. As the responsible party, the employer must:
- Carry out a risk assessment of the role and adopt preventive measures, documenting them in writing.
- Ensure the worker's preventive training, provided free of charge through the eFundae platform (a live course from May 2026, lasting around 5 hours).
- Offer health surveillance: voluntary, free medical check-ups provided by the National Health System (Sistema Nacional de Salud), at least once every three years.
We explain step by step how to comply in how to meet the new occupational risk prevention rules for domestic workers.
5. Regularisation of foreign domestic workers
The Immigration Regulation (Reglamento de Extranjería, Royal Decree 1155/2024), in force since 20 May 2025, created the sociolabour roots route (arraigo sociolaboral): it allows residence and work to be obtained by proving 2 years' residence in Spain and a contract of at least 20 hours a week at the minimum wage, with no need to report the employer first. There is no '183-day threshold of illegal work'.
In addition, Royal Decree 316/2026 approved an extraordinary regularisation with an application deadline of 30 June 2026 and provisional authorisation to work from the moment the application is filed. The pre-contract for the roots route must include: a working week of 20 hours or more, a minimum duration of 3 months, pay equal to or above the minimum wage, and a suspensive clause conditional on a favourable decision. Importantly, the employer is the family, not the agency.
Find out more in the new roots-based residence law with a part-time contract and in can I sort out my domestic worker's papers.
Penalties: what happens if you don't register your domestic worker
Failing to register a domestic worker is a serious offence under the LISOS (Royal Legislative Decree 5/2000, Real Decreto Legislativo 5/2000), carrying a fine of between 3,750 € and 12,000 € for each worker affected. On top of this comes the late-payment surcharge on the unpaid contributions (10% to 20%) plus interest, claimable by Social Security going back up to 4 years. There is no '10% surcharge on the worker's salary for a year': that claim, which circulates online, is false.
How to get ready to comply in 2026
Complying with the rules does not just protect you legally: it builds a fair, stable working relationship with your domestic worker. Check that the salary reaches the 2026 minimum wage, that registration and contributions (with the MEI and the rebates) are up to date, that you have completed the risk assessment and the training, and that any termination is properly documented.
At Maids & Co we manage the hiring of domestic staff end to end (registration, payroll, risk prevention and legal advice) so that you can comply with everything hassle-free. See our plans and pricing or find out how to hire a domestic worker with every guarantee.
Ready to hire with confidence?
We guide you from the start and present verified candidates in under 3h.
Frequently asked questions
- Do I have to register a domestic worker with Social Security even if they only work a few hours?
- Yes. Registration with Social Security is mandatory from the very first hour of work, regardless of how many hours are agreed or whether the worker only does the odd day here and there. Since 2023 the employer is solely responsible for arranging registration and paying contributions; failing to do so is a serious offence punishable by fines of between 3,750 € and 12,000 € for each worker.
- How much does it really cost to have a full-time domestic worker in 2026?
- For a full-time worker, the total cost to the family is around 1,801 €/month, combining the salary (the minimum wage of 1,221 €) and the Social Security contributions once the rebates are applied. Per hour actually worked, the outlay comes to roughly 11.5-12.5 € an hour, depending on the contribution band and the reductions each case qualifies for.
- How much holiday and how many extra payments is a domestic worker entitled to?
- A domestic worker is entitled to 30 calendar days of paid holiday a year and to two extra payments, which is why the minimum wage is split over 14 payments. Those two extras can be paid in June and December (1,221 €/month) or spread across the twelve monthly payments (1,424.50 €/month); the worker is also entitled to the public holidays on the official labour calendar.
- Can an undocumented domestic worker regularise their status by working for a family?
- Yes. Through the sociolabour roots route (arraigo sociolaboral), they can obtain residence and work by proving 2 years' residence in Spain and a contract of at least 20 hours a week at the minimum wage, with no need to report the employer. The pre-contract must be signed by the family (not the agency), with a minimum duration of 3 months and a suspensive clause; in addition, Royal Decree 316/2026 opened an extraordinary regularisation with an application deadline of 30 June 2026.
