Written statement for a domestic worker in Spain: what to give her before she starts (Royal Decree 723/2026)

The decree never mentions household work, so many families are unsure whether it applies to them. It does, with limits that depend on how long the job lasts and when it began.

Why Royal Decree 723/2026 applies to household staff

Royal Decree 723/2026 implements article 8.5 of the Workers' Statute (Estatuto de los Trabajadores, Spain's general employment law), transposes EU Directive 2019/1152 and replaces Royal Decree 1659/1998, which had covered this information since 1998.

Household employment has its own rules, Royal Decree 1620/2011, which applies general employment law wherever it is silent (article 3.b) and refers to the rules on this information (article 5.4). Royal Decree 723/2026 covers special relationships that do either of those things (article 2.5). The same article 5.4 adds three household items: pay in kind, hours of presence (time when she is on call but not actively working: how many, when and how they are paid) and overnight stays.

Who it applies to: jobs of more than four weeks

The duty applies when the job lasts more than four weeks (article 2.2). What counts is the length of the relationship, not the hours: a cleaner on a permanent contract who comes four hours a week is covered. A fortnight's cover in August is not.

For jobs already running on 5 October 2026, the transitional provision only requires the information if she asks for it, within 30 working days of her request and only if she does not already have it. What does apply to everyone from that date is confirming any change to her terms in writing. If your housekeeper was already with you, you do not need to prepare the statement unless she asks.

When and how to give the written statement

• Before day one (article 7.1). The simplest moment is with the contract, when you both sign.
• Changes on time: as soon as possible and no later than the day they take effect (article 7.3), for example a pay rise, a new schedule or different duties.
• On paper or electronically, as long as she can access, save and print it and you keep proof that it was sent or received (article 6.2). A signed acknowledgement or the email you sent with the PDF is the easiest proof.
• A complete contract is enough. If the signed contract already contains the information, no separate document is needed (article 3.1). If it covers only part, you give her the rest in writing.
• You may refer to the law for basic pay and supplements, with how often and how they are paid; working time, how it may change and overtime; holidays; probation; training; termination; and the managing body or mutual insurer, voluntary top-ups and pension plans, if the reference is precise (article 3.3), such as "notice under article 11.2 of Royal Decree 1620/2011".

What a written statement must include in a household

The list in article 3.2 sets the minimum. Adapted to a family home, it comes down to this:

• The parties: name and identity document of the employer and of the worker.
• Start and duration: the start date and, for a fixed-term contract, its end or expected length and the specific reason for it.
• Place of work: the family home and, if she regularly works in more than one (a summer house), which ones.
• Job and duties: the job title and a clear description: cleaning, cooking, ironing, looking after children or an older relative.
• Pay: the gross salary, each supplement separately, the two extra payments a year, when and how she is paid and any agreed pay in kind, which can never exceed 30% of her total pay or leave less than the SMI (Spain's minimum wage) in money (article 8.2 of Royal Decree 1620/2011).
• Hours and holidays: weekly hours and schedule, any night work, how hours can change, what was agreed about overtime, and her 30 calendar days of holiday with how the dates are set.
• Presence and overnight stays: how many hours of presence, when and how they are paid or compensated, and how many nights she sleeps in the house.
• Probation, if agreed: up to two months, with notice of no more than seven calendar days (article 6.2 of Royal Decree 1620/2011). See our guide to the domestic worker probation period.
• Training: the health and safety training she is entitled to when hired (article 5.3 of Royal Decree 893/2024).
• Termination: how the job can end, the formal requirements and the notice periods.
• Work accident cover: the INSS (the national social security institute) or a mutual insurer (mutua), as chosen when you registered as an employer, and any voluntary top-up or pension plan.
• Changes: when her duties, pay or hours may change, and how.

Written statement example: live-in and hourly live-out staff

Example figures that respect the 2026 minimums: €1,221 a month over 14 payments, and €9.55 per hour for live-out staff paid by the hour (Royal Decree 126/2026). To turn them into monthly gross and net pay, use our payslip calculator.

Training (health and safety when she starts, within working hours), work accident cover (INSS, no top-ups) and changes (in writing, no later than the day they apply) are filled in the same way for both.

The blank template, with a space for every item and a dated acknowledgement for her to sign, can be downloaded in Word or as a PDF. If she does not read English, give her the Spanish version too.

The items that do not fit a family home

Article 3.2 was written for companies. It is safer to state that these items do not exist than to leave them out:

• Temporary work agency and automated decision systems: a household has neither; write "not applicable".
• Equality plan and LGBTI measures: a family has neither. There is usually no harassment protocol either, but she is entitled to protection against violence and harassment (Royal Decree 893/2024, second additional provision).
• Collective agreement: there is no national agreement for household employment; write "none".
• Work abroad: only if she travels with the family outside Spain for more than four consecutive weeks. Then add the country, length of stay, currency, expenses and the terms of her return (article 4).

Is the official SEPE template enough?

The SEPE, Spain's public employment service, has published a general information template on its employment contract models page. It works, but it was designed for companies: there are no boxes for pay in kind, presence or overnight stays.

The SEPE's household contract (form PE-177, June 2026 edition), which you will find among our contract templates, does have boxes for presence, overnight stays and pay in kind, plus duties, hours, pay, probation and holiday days. It leaves out how she is paid, overtime, training, termination and notice, work accident cover and changes to her terms, so hand her the written statement with it. Our guide to the domestic worker contract in Spain covers the rest.

What happens if you do not provide it

Failing to give the essential terms in writing is a minor offence under Spain's employment offences act (article 6.4 of the LISOS), fined at €70 to €750 (article 40.1.a). Not putting the contract itself in writing when the law requires it, or when she has asked, is a serious offence (article 7.1), fined at €751 to €7,500. A part-time contract, for instance, must always be in writing (article 12.4.a of the Workers' Statute).

The document also protects you both: what you agreed about hours, presence and nights is on paper. If the job ends, that paper is your starting point; we explain separately how to dismiss a domestic worker.

If you would rather not deal with it yourself, our labour and legal team at Maids & Co drafts the contract and files her registration before work begins. And if you are still looking, we present live-in housekeepers and hourly housekeepers personally interviewed by our team, with verified references.

Information updated in November 2026. It does not replace personalised employment advice.