The domestic worker contract in Spain, explained for foreign employers

If you have employed staff in another country, much of this will sound familiar. Three things usually surprise foreign families: the default contract is permanent, a live-in's rest and overnight stays have their own rules, and the Social Security registration has to be done before the first day. Here is what to put in writing, and why.

The rules that apply

Domestic work is a special employment relationship in Spain. It is governed by Royal Decree 1620/2011 and, for anything the decree does not cover, by the Workers' Statute and the rest of the general labour law, as far as it fits the special nature of work in a family home. Whatever you agree in the contract has to respect those rules (article 3).

Permanent, fixed-term or seasonal

In Spain an employment contract is presumed permanent (contrato indefinido) unless there is a valid reason for a fixed term (article 15 of the Workers' Statute). For a household, that means:

• Permanent (indefinido): the normal choice for a housekeeper, nanny or carer who is going to stay with you. It can be full-time or part-time.
• Fixed-term (duración determinada): only to replace a worker who has the right to return, such as your housekeeper during her maternity leave, stating her name and the reason; or for what the law calls circumstances of production: an occasional and unforeseeable increase in work (up to six months) or short, foreseeable situations (up to 90 days in the calendar year). The reason must be set out precisely in the contract; if it is not, she becomes permanent.
• Seasonal permanent (fijo-discontinuo): the official models for household work include it, for work that comes back every season, such as a summer house. It must always be in writing.

A fixed-term contract of more than four weeks and any part-time contract must be in writing (article 8.2 of the Workers' Statute). In practice, put every contract in writing: without one, the law presumes it is permanent and full-time unless you can prove otherwise (article 5.2 of Royal Decree 1620/2011).

What the contract has to say

The official model contracts published by the SEPE, Spain's public employment service, include the clauses specific to household work (SEPE models). Whichever template you use, make sure it covers:

• Who you both are and the date she starts (and, if the contract is fixed-term, when or on what event it ends).
• Where she works: the address of your home.
• Her job: the duties, for example cleaning, cooking, laundry or looking after the children.
• Pay: the gross salary, how often and how you pay it (usually by bank transfer), and the two extra payments a year. If part of it is board and lodging, how much: it can never be more than 30% of the total salary, and at least the minimum wage must always be paid in money, not in kind.
• Working time: the weekly hours and the schedule, and any hours of presence (time when she is available but not actively working), how many there are and how they are paid or compensated.
• Holidays: 30 calendar days a year, and how the dates are set.
• Overnight stays, if she lives in (see the next section).
• The probation period, if you want one.
• Notice for ending the contract.

From 5 October 2026, for any job of more than four weeks, the terms that are not in the signed contract must be given to her in writing before she starts, and any later change must be confirmed in writing no later than the day it takes effect (Royal Decree 723/2026, articles 3 and 7). A complete signed contract covers the first part.

Those details also feed her Social Security registration, which asks for the type of contract, the weekly and monthly hours, the salary per hour and per month including the extra payments, any pay in kind and whether hours of presence or overnight stays have been agreed (article 43.2 of Royal Decree 84/1996). The contract and the registration have to say the same thing.

Live-in staff: overnight stays, rest and meals

If she lives in your home, the arrangement for her overnight stays has to be set out (article 5.4 of Royal Decree 1620/2011). The SEPE model asks how many nights a week she stays and states that she is not obliged to live in the home during her weekly rest or her holidays. The other rules to know:

• Working time: 40 hours of actual work a week at most. Once her working day and any agreed presence time are over, she is not obliged to stay in the house (article 9.1).
• Presence time: no more than 20 hours a week on average over a month, unless you compensate it with equivalent paid rest, and paid at no less than an ordinary hour (article 9.2).
• Rest between working days: 12 hours, which for a live-in can be cut to 10 if the difference is made up within four weeks, plus at least two hours a day for her main meals, which do not count as working time (article 9.4).
• Weekly rest: 36 consecutive hours, generally including the whole of Sunday (article 9.5).

Board and lodging can count as part of her pay, within the limit above. If you are looking for someone to live in, see how we select a live-in housekeeper and, for the full set of rules, our guide to the live-in housekeeper's rights and obligations.

The probation period

A probation period only exists if it is agreed in writing. It can last up to two months, unless a collective agreement says otherwise, and during it either of you can end the relationship with the notice you agreed, never more than seven calendar days (article 6.2 of Royal Decree 1620/2011). Registration, salary and contributions apply from the first day. We explain how to use those weeks in our guide to the probation period.

Pay in 2026

The salary cannot be lower than the minimum wage, which in 2026 is €1,221 a month over 14 payments, or €1,424.50 over 12 if the extra payments are spread out (Royal Decree 126/2026), in proportion to the hours for part-time work. For a live-out worker paid by the hour, the minimum is €9.55 per hour worked, which includes every pay item, the extra payments and holidays among them. You give her a payslip every month (article 8.6). Our salary table sets out the figures by weekly hours.

Signing it and registering her

Both of you sign the contract and each keeps a copy signed by the other. The SEPE models exist only in Spain's official languages: if you do not read Spanish, keep a translation for yourself and make sure she understands what she is signing.

You do not file the contract with the SEPE: for household employment, the Social Security registration counts as the communication of the contract (SEPE answer). The registration, on the other hand, must be done before her first day. We explain it step by step in our guide to Social Security for foreign employers, and the identification you both need in our guide to the NIE and TIE.

Our templates

On our form templates page you can download the official SEPE models, permanent and temporary, and our Household Employer's Guide in English, and we explain how to fill in the contract, step by step. If you would rather not do it yourself, our labour and legal team drafts the contract and registers her for you.

At Maids & Co we interview every candidate in person and check her references and documentation before we present her. Tell us what you need: the first profiles arrive in under 3 hours and you only pay if you hire.

This content is for information only and was updated in October 2026. It is not a substitute for personalised legal advice.