Severance pay for a domestic worker in Spain in 2026: 12 or 33 days, and what else is due
What a family in Spain owes when a housekeeper, nanny or carer's contract ends in 2026: 12 days per year for a justified cause, 33 for an unfair dismissal, one month if the employer dies, plus the final settlement. Figures with the 2026 minimum wage and the BOE sources.
In short
Expat families in Madrid, Barcelona or Marbella often arrive with an idea of Spanish severance that is either the general 20-day rule for companies or the pre-2022 domestic rule, which was also 20 days. Neither applies to a household employer today. This is the current framework, with the source of every figure, so you can end a contract cleanly and budget for it.
Who can end the contract and what it costs
| Reason | Severance | Notice | Legal basis |
|---|---|---|---|
| Employer ends it for a justified cause (former 'withdrawal') | 12 days of salary per year, capped at 6 months' pay | 20 days after one year of service; 7 days if less | RD 1620/2011 art. 11.2 |
| Disciplinary dismissal, proven | None (settlement only) | None | Workers' Statute arts. 54–55 |
| Unfair dismissal (no proven cause, no written letter, or severance not made available) | 33 days per year, capped at 24 months' pay | — | RD 1620/2011 art. 11.1 and 11.3; Workers' Statute art. 56 |
| End of a fixed-term contract | 12 days per year | 15 days if it lasted over a year | Workers' Statute art. 49.1.c |
| Death or incapacity of the employer | One month of salary | — | Workers' Statute art. 49.1.g |
| Worker resigns | None, and no unemployment benefit | Customary (15 days is usage, not law) | Workers' Statute art. 49.1.d |
The justified cause: what replaced 'withdrawal' in 2022
Until September 2022 a household employer could simply 'withdraw' from the contract, no reason given, paying 12 days per year. Royal Decree-Law 16/2022 removed that option. Today the employer may end the contract only for one of three causes set out in article 11.2 of RD 1620/2011: a drop in the family's income or a rise in its expenses due to an unforeseen circumstance; a substantial change in the family's needs that justifies no longer employing the worker (a parent moving into a care home, children starting school, relocation); or conduct by the worker that reasonably and proportionately justifies a loss of trust.
- A written letter that states the cause clearly and unambiguously.
- Severance of 12 days of salary per year of service (capped at 6 months' pay), made available to the worker at the same time as the letter.
- Notice of 20 days (more than one year of service) or 7 days (less), which can be replaced by paying those days' salary. During the notice period the worker gets 6 paid hours a week to look for another job.
If the letter or the severance is missing, article 11.3 presumes you have chosen to dismiss the worker; without a proven disciplinary cause that dismissal is unfair and severance rises to 33 days per year. This is the single most expensive mistake families make, and it usually comes from using an old 'withdrawal' template.
Worked example with the 2026 minimum wage
A full-time live-out housekeeper on the 2026 minimum wage (€1,221 a month over 14 payments, €17,094 a year; RD 126/2026), three full years of service. Severance is calculated on the daily salary including the two extra payments: €17,094 / 365 = €46.83 (the usual calculation practice). Periods shorter than a year are pro-rated by months.
| Reason | Calculation | Amount |
|---|---|---|
| Justified cause | 12 × 3 = 36 days × €46.83 | €1,685.88 |
| Unfair dismissal | 33 × 3 = 99 days × €46.83 | €4,636.17 |
| Notice of 20 days not given | 20 days × €40.70 (ordinary daily wage) | €814.00 extra |
| Employer's death | One month of salary (€17,094 / 12) | €1,424.50 |
Severance is not subject to Social Security contributions and, within legal limits, is exempt from income tax. It is paid on top of the final settlement, which is always due: the days worked in the last month, the proportional part of the extra payment for the current half-year (extra payments accrue by half-years under RD 1620/2011 art. 8.4) and holiday accrued but not taken (30 calendar days a year, art. 9.7). On the same example, ending the contract on 3 September adds a settlement of €1,376.38 before severance.
Step by step
- 1. Write the letter: reason (justified cause or disciplinary dismissal), the specific facts, the effective date, the notice given or paid, the severance amount and how it is paid. Two copies, worker signs receipt.
- 2. Pay the settlement and severance on the last working day, with a signed recibo de finiquito.
- 3. Deregister the worker with Social Security within 6 calendar days (RD 643/2026), through Import@ss or the RED system.
- 4. Issue the certificado de empresa with dates and contribution bases: since October 2022 domestic workers are entitled to unemployment benefit if they have 360 contribution days in the last six years (General Social Security Act art. 266).
- 5. Keep everything. The worker has 20 working days to challenge a dismissal (Workers' Statute art. 59.3).
Sources
- Royal Decree 1620/2011 on the special employment relationship of domestic service, arts. 8.4, 9.7 and 11 (BOE-A-2011-17975), as amended by Royal Decree-Law 16/2022 (BOE-A-2022-14680).
- Workers' Statute, Royal Legislative Decree 2/2015, arts. 49, 54, 55, 56 and 59 (BOE-A-2015-11430).
- Royal Decree 126/2026, minimum wage for 2026 (BOE-A-2026-3815).
- Royal Decree 643/2026, six calendar days to notify deregistration (BOE-A-2026-16557).
- General Social Security Act, arts. 266–270 (BOE-A-2015-11724).
Enter the dates, the salary and the reason and our domestic worker severance and settlement calculator gives you the 2026 figure with the full breakdown for the settlement receipt. It is free, and so is everything else in our tools for household employers in Spain. If you would rather we prepare the letter and the deregistration, message us on WhatsApp.
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Frequently asked questions
- How much severance does a domestic worker get in Spain?
- 12 days of salary per year of service (capped at 6 months' pay) when the employer ends the contract for a justified cause; 33 days per year (capped at 24 months) when a dismissal is unfair; 12 days per year at the end of a fixed-term contract; one month of salary if the employer dies or becomes incapacitated; nothing if the worker resigns.
- Can I let my housekeeper go without giving a reason?
- Not since September 2022. Royal Decree-Law 16/2022 abolished the free 'withdrawal'. You need one of three justified causes, a written letter stating it, notice, and the severance made available at the same time. Otherwise the law presumes a dismissal, and an unproven dismissal is unfair.
- How much notice do I have to give?
- 20 days if the worker has been with you for more than a year, 7 days if less. You can pay those days' salary instead of the notice.
- What is the difference between severance and the finiquito?
- The finiquito (final settlement) is always due: pending days of the month, the proportional part of the extra payment for the current half-year and untaken holiday. Severance is on top and depends on the reason for ending the contract.
- When do I deregister the worker with Social Security?
- Within 6 calendar days of the last working day (RD 643/2026, in force since 1 August 2026), through Import@ss. Also hand over the certificado de empresa: domestic workers have been entitled to unemployment benefit since October 2022.
