Housekeeper Pre-Contract: What to Include & Arraigo
What a housekeeper pre-employment contract is, what it must contain and how to use it for the arraigo sociolaboral route under Spain's 2026 rules.
In short
What is a housekeeper pre-employment contract?
The pre-employment contract is a preliminary agreement in which both parties put in writing their intention to formalise a domestic employment contract at a later date. It sets out the essential terms of the future working relationship (pay, working hours, holiday, signing date) but does not in itself trigger registration with the Social Security (Seguridad Social) or the obligation to provide services from day one: the definitive contract is needed for that.
Take care not to confuse it with the contract itself: the pre-employment contract is a promise to hire, whereas the contract is what starts the employment relationship and obliges the employer to register the worker with the Special System for Domestic Employees (Sistema Especial de Empleados de Hogar) from the very first hour worked.
What must the pre-employment contract include?
- Identification of the parties: details of the worker and of the employer (the family).
- An express commitment by both parties to formalise a domestic employment contract.
- The expected signing date of the definitive contract.
- The terms of the future contract: working hours, pay (never below the SMI), holiday, rest periods and duties.
- Additional clauses: compensation for breach and, if it is used for the arraigo, the suspensive clause conditional on the permit being granted.
- Place, date and signature of the worker and of the employer.
The pre-employment contract for arraigo sociolaboral (2026)
Since the new Immigration Regulations came into force (Royal Decree 1155/2024, Reglamento de Extranjeria, in force on 20 May 2025), the route that relies on a job offer or pre-employment contract is arraigo sociolaboral, a new category. Arraigo social (social roots) no longer requires a job offer: it is now based on proving sufficient personal financial means or family ties. So, if the aim is to regularise someone through domestic work in the home, the document required is a pre-employment contract valid for arraigo sociolaboral.
| Aspect | Arraigo social | Arraigo sociolaboral |
|---|---|---|
| Job offer or contract required? | No (financial means or family ties) | Yes (job offer or employment contract) |
| Residence in Spain | 2 continuous years | 2 continuous years |
| Key document | Proof of means or family tie | Pre-employment contract or employment contract |
| Prior complaint required? | No | No |
For the pre-employment contract to be valid for arraigo sociolaboral it must meet specific requirements. If they are not met, the application may be refused.
| Requirement | Detail |
|---|---|
| Minimum working hours | 20 hours per week (which can be combined across several employers) |
| Minimum duration | At least 3 months (more than 90 days) |
| Pay | In line with the current SMI, proportional to the agreed working hours |
| Suspensive clause | The start of the employment relationship is conditional on a favourable decision on the authorisation |
| Residence in Spain | At least 2 years of continuous stay |
There is also, on a temporary basis, the extraordinary regularisation under Royal Decree 316/2026: a process open for applications until 30 June 2026 that grants a provisional authorisation to live and work in Spain while the file is being decided. It is a limited window and differs from arraigo sociolaboral, which is a permanent route.
Important: in this process the agency is not the employer. The employer is always the family, who signs the pre-employment contract and the contract and who takes on registration and contributions with the Social Security (Seguridad Social). The agency only supports and manages the procedure.
Who is required to hold a residence and work permit?
The requirement to hold a residence and work authorisation applies only to non-EU foreign nationals. EU or EEA nationals, and those who already hold a valid work authorisation, can be registered without needing to apply for an arraigo: in their case the pre-employment contract is optional and merely serves to set the terms in advance.
Pay and registration with the Social Security
The pay set out in the pre-employment contract cannot be lower than the SMI. In 2026, Royal Decree 126/2026 of 18 February (published in the Official State Gazette, BOE, on 19 February 2026), with retroactive effect from 1 January and a 3.1% increase, sets the following minimum amounts for domestic workers:
| Item | 2026 minimum amount |
|---|---|
| Full-time over 14 payments | 1,221.00 EUR/month |
| Full-time over 12 payments (extra payments pro-rated) | 1,424.50 EUR/month |
| Annual total | 17,094.00 EUR/year |
| Hourly work (external arrangement) | 9.55 EUR/hour |
Remember that registration with the Special System for Domestic Employees (Sistema Especial de Empleados de Hogar) is compulsory from the very first hour of work, regardless of the number of hours contracted per week. Contributions are paid by the employer, who may benefit from the reductions and rebates currently in force on the employer's contribution.
Is the pre-employment contract binding? Validity and compensation
Yes, the pre-employment contract is binding: it obliges both parties to sign the contract on the agreed date. If the family does not formalise the promised contract, the worker can claim the compensation set out in the document or, failing that, the damages arising from the breach. The same consequence applies if it is the worker who fails to comply. That is why it is always advisable to include a clause that quantifies the compensation for breach.
Common mistakes when drafting a pre-employment contract
- Agreeing pay below the 2026 SMI (1,221.00 EUR/month over 14 payments or 9.55 EUR/hour).
- Referring to arraigo social when the route involving a job offer is arraigo sociolaboral.
- Leaving out the suspensive clause tied to the granting of the permit when the pre-employment contract is used for the arraigo.
- Setting working hours below 20 per week or a duration of less than 3 months for arraigo purposes.
- Forgetting that registration with the Social Security is compulsory from the first hour once the contract is signed.
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Frequently asked questions
- Is a housekeeper pre-employment contract binding?
- Yes, it is binding: it commits both the family and the worker to sign the contract on the agreed date. If one party fails to comply, the other can claim the agreed compensation or the damages caused.
- Can I hire a housekeeper without papers?
- You cannot register a non-EU person without work authorisation with the Social Security. What you can do is sign a pre-employment contract that serves as a job offer to apply for arraigo sociolaboral; the contract and the registration are formalised later, once the permit is obtained.
- Is the pre-employment contract for arraigo social or arraigo sociolaboral?
- For arraigo sociolaboral. Since Royal Decree 1155/2024, arraigo social no longer requires a job offer (it is based on financial means or family ties), so the route that relies on a pre-employment contract is arraigo sociolaboral.
- What must a pre-employment contract include for the arraigo?
- It must set out a minimum working week of 20 hours, a duration of at least 3 months, pay in line with the current SMI and a suspensive clause making the start of work conditional on the authorisation being granted, as well as the identification and signatures of both parties.
