Domestic Worker Overtime: Pay and Limits in Spain

What counts as overtime in domestic work?

Overtime is any time worked beyond the maximum length of the ordinary working week (Article 35.1 of the Spanish Workers' Statute). In domestic work, that maximum is 40 hours of effective work per week (Article 9.1 of Royal Decree 1620/2011), so for a full-time worker any time actually worked above that limit counts as overtime. You can find the full breakdown of the working week in our guide on how many hours a domestic worker can work.

Part-time workers do no overtime: Article 12.4.c of the Workers' Statute does not allow it, except under Article 35.3 (preventing or repairing accidents and other extraordinary, urgent damage). That includes hourly workers who do not reach full-time hours. If you will need more hours than those contracted, agree them in writing as complementary hours (horas complementarias; Article 12.5, for contracts of at least 10 hours a week) or extend the hours in the contract.

Working overtime is voluntary, unless it has been agreed in the contract, within the annual limit (Article 35.4 of the Workers' Statute). For that reason, it is best for both parties to agree in advance when and how it will be done.

Overtime is not the same as the bonus payments (pagas extras)

It is worth not confusing two ideas that sound similar in Spanish. Overtime (horas extra) is additional working time on top of the regular schedule. The bonus payments (pagas extras) are the two annual payments (summer and Christmas) that form part of the salary and, for live-out workers paid by the hour, are already prorated into the hourly rate. We cover this in more detail in our article on the bonus payments for a domestic worker.

How much is an hour of overtime for a domestic worker?

Article 35 of the Spanish Workers' Statute (Estatuto de los Trabajadores), which also applies to domestic workers, states that overtime must be paid at a rate that can never be lower than the value of an ordinary hour. Even under the general regime, the law imposes no automatic premium: Article 35.1 sets the same minimum (the value of an ordinary hour). Premiums (for example, 1.5x), where they exist, come from collective bargaining agreements, which are uncommon in domestic work. For that reason, unless a higher rate is agreed in the contract, an hour of overtime for a domestic worker is paid at the same rate as an ordinary hour.

In 2026, Royal Decree 126/2026 (Article 4.2) sets the minimum wage for live-out workers paid by the hour (externo regime) at 9.55 € per hour actually worked, an amount that already includes the prorated bonus payments and holiday pay. It is not everyone's ordinary hour: for a live-in worker or one on a monthly salary, the value of the hour comes from their own pay. As an alternative to payment, the employer may offset those hours with equivalent rest time.

A worked example: if a full-time worker's agreed ordinary rate is 10 €/hour, each hour of overtime is also paid at 10 €/hour. If the worker does 15 hours of overtime in a month, they will receive an extra 150 €, which must appear on the payslip. If, instead of being paid, those hours are offset with rest, the 15 hours are not paid but must be taken as time off within the following four months. You can see how to put all of this onto the payslip in our guide on how to draw up a payslip for a domestic worker.

Is there a limit on overtime?

Yes. The total number of overtime hours cannot exceed 80 per year. This limit comes from Article 35.2 of the Spanish Workers' Statute (Estatuto de los Trabajadores) and applies to domestic household work through the express cross-reference in Article 9.3 of Royal Decree 1620/2011.

There is an important nuance in how the count works: overtime offset with equivalent rest taken within four months of being worked does not count towards the 80-hour cap. Only overtime paid in cash, and overtime offset outside that four-month window, count towards the limit.

• Cap: a maximum of 80 paid overtime hours per year (Article 35.2 of the Workers' Statute, via Article 9.3 of Royal Decree 1620/2011). Part-time workers do no overtime (Article 12.4.c).
• Hours offset with rest taken within the following four months do not count towards the 80 (Articles 35.1 and 35.2 of the Workers' Statute).
• Hours worked to prevent or repair accidents and other extraordinary, urgent damage are excluded from the limit.
• Overtime is paid at a minimum of the value of that worker's ordinary hour.

What is on-call time (tiempo de presencia) and how is it paid?

On-call time (tiempo de presencia) is time during which the worker remains available to the employer without doing any actual work (for example, watching over a sleeping child). It is distinct from both ordinary working hours and overtime, and is governed by Article 9.2 of Royal Decree 1620/2011.

It is capped at no more than 20 hours per week on average over a monthly reference period, unless it is offset with rest. This time must be agreed between the parties and is either paid or offset with rest, in both cases never below the value of an ordinary hour. Important: if any actual work is done during on-call time, that time stops being on-call time, becomes working time and counts towards the 40-hour week.

Best practice: prior agreement and a record of hours

Before the worker does any overtime, there should be a clear agreement between the parties. It can be verbal or in writing, but putting it in writing avoids misunderstandings and future disputes. It is also wise to keep an accurate record of the hours worked, so you always know how much time has been done and how much should be paid or offset. Understanding these rules and respecting the limits is the foundation of a fair working relationship. If you would rather delegate the admin, see our prices and the full breakdown of how much a domestic worker costs in 2026.