Housekeeper Pre-Contract: What to Include & Arraigo

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.
• 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 family ties with financial means or, if there are none, a social integration report. 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.

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.

There was also, on a temporary basis, the extraordinary regularisation under Royal Decree 316/2026: a process with an application deadline of 30 June 2026 that provisionally allowed people to live and work in Spain while the file was being decided. It was a limited window and no longer accepts new applications; arraigo sociolaboral, by contrast, 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:

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: what is agreed binds the parties (Article 1091 of the Civil Code). But if it is used for the arraigo it carries a suspensive clause: the obligation to start the employment relationship only arises if the authorisation is granted (Article 1114 of the Civil Code; Article 74.1.b of Royal Decree 1155/2024). Without the authorisation, nobody is in breach. If it is granted and the family does not formalise the contract, the worker can claim the damages arising from the breach (Article 1101 of the Civil Code). Neither Royal Decree 1620/2011 nor Royal Decree 1155/2024 provides for compensation payable by the worker.

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 for arraigo purposes.
• Forgetting that registration with the Social Security is compulsory from the first hour once the contract is signed.

Need help with hiring?

At Maids & Co we manage the selection, the pre-employment contract, the contract and the legal registration with the Social Security (Seguridad Social) in line with the 2026 rules. Take a look at our plans and prices to hire your housekeeper with complete peace of mind.