How to Dismiss a Domestic Worker in Spain (2026)

Ways to end a domestic worker's contract

Domestic service is governed by a special employment relationship (Royal Decree 1620/2011, Real Decreto 1620/2011), not by the general regime. Royal Decree-law 16/2022 abolished the old free withdrawal: you can no longer let a worker go 'without cause'. Today, every termination must rest on fair grounds and be communicated in writing. These are the routes available to you.

1. Disciplinary dismissal for serious misconduct

This applies when the worker commits a serious and culpable breach: repeated, unjustified absence or lateness, disobedience, breach of contractual good faith, and the like (Article 54 of the Workers' Statute, the Estatuto de los Trabajadores). You must hand over a written dismissal letter setting out the facts and the dates. This type of dismissal carries no severance, but you still have to settle the final payment (finiquito). If it turns out the cause did not exist or was not properly evidenced, the dismissal will be ruled unfair, with the financial consequences explained below.

2. Termination on household grounds (the replacement for the old withdrawal)

This is the usual route when a family needs to end the relationship without any fault on the worker's part. Following the reform of Article 11 of RD 1620/2011, it can only rely on one of these three defined grounds:

• A fall in the household's income or a rise in its expenses caused by an unforeseen circumstance.
• A substantial change in the household's needs that justifies dispensing with the worker.
• Conduct by the worker that reasonably and proportionately justifies the employer's loss of trust.

The cause must be communicated in writing and, at the same time, the severance made available to the worker: 12 days' salary per year worked, capped at 6 months' pay. You must also observe a notice period of 20 days if the relationship lasted more than a year, or 7 days if it was shorter; that notice can be replaced by paying the salary for those days. As a rough guide, 3 years worked generate 36 days' salary in severance (12 x 3). To put a figure in euros on it, it helps to start from a domestic worker's salary in 2026.

3. Grounds beyond the employer's control

The contract can also end through circumstances that do not amount to a 'dismissal' decision: the end of a fixed-term contract, failing the probation period, mutual agreement, the worker's resignation, or the death, retirement or incapacity of the employer that brings the household to an end. Each scenario has its own rules and severance.

How to dismiss a domestic worker step by step

For the termination to be valid and not turn into an unfair dismissal, follow these steps in order:

• Written notice: hand over a signed letter stating the type of termination, the specific cause and the effective date. The written form is a condition of validity, not a formality.
• Making the severance available: in a termination on household grounds, the 12 days per year (max 6 months' pay) must be made available to the worker at the same moment as the notice.
• Notice period: observe the 20 days (relationship of more than a year) or 7 days (less than a year), or pay the salary equivalent to those days.
• Social Security deregistration: report the deregistration to the General Treasury of Social Security (Tesorería General de la Seguridad Social, TGSS) within 3 days of the end of the contract, through the Social Security online portal (Import@ss). See how these formalities work in our guide to registering a domestic worker with Social Security.
• Settling the final payment: pay the full final payment (finiquito) on the same date (see below).

The final payment (finiquito)

The final payment is separate from the severance and must be paid in every case. It covers the salary for the days worked up to the end date, the proportional share of the extra payments (which accrue over their six-month period, rather than by dividing one payment across the days of the year) and any holiday accrued but not taken. You will find the calculation in detail in our post on how to work out a domestic worker's final payment and, for day-to-day matters, in our guide on how to run payroll.

Unfair dismissal and null dismissal

If the dismissal is challenged and a court rules it unfair, severance is 33 days' salary per year worked, capped at 24 months' pay. In the special household relationship, unfairness is settled in practice by paying that severance (genuine reinstatement is rare). The worker has 20 working days from the end of the contract to file the conciliation claim and the lawsuit (Article 59.3 ET).

A null dismissal is different: it arises when the dismissal breaches fundamental rights or affects protected situations, such as pregnancy, maternity or taking care-related leave. The domestic worker is covered by this protection (Article 55.5 ET): a null dismissal requires reinstatement and payment of back pay (salarios de tramitación), and cannot be swapped for a severance payment.

What happens if you don't follow the legal process

If you fail to comply with the written form, or do not make the severance available in a termination on household grounds, the law presumes the employer has opted for the dismissal regime of the Workers' Statute, so the termination can be ruled unfair and push the bill up to 33 days per year (Article 11.3 RD 1620/2011). It is therefore wise to document every step.

Separately, there is Social Security (Seguridad Social): failing to register the worker, or to process the deregistration correctly, is a serious offence that can carry a fine of between 3,750 € and 12,000 € per worker (the consolidated text of the LISOS, Royal Legislative Decree 5/2000, Real Decreto Legislativo 5/2000), on top of the surcharge and interest on any unpaid contributions.

Finally, bear in mind that since October 2022 domestic workers contribute towards unemployment and are entitled to the benefit. The SEPE (Spain's State Public Employment Service) draws the contribution data directly from Social Security, so the employer no longer has to give the worker a paper company certificate: the key obligation is to report the deregistration correctly to the TGSS so that this right can be exercised. If you want to see the other side of the coin, the worker's voluntary resignation, read whether it is legal for a domestic worker to resign by WhatsApp.

Need a hand managing a dismissal?

A poorly documented dismissal is the main route to an unfair-dismissal claim. At Maids & Co we prepare the letter, calculate the severance and the final payment, and process the deregistration so that everything complies with the 2026 rules. Take a look at our employment management service and avoid costly mistakes.