Domestic Worker Employment Contract Spain (Empleada de Hogar)

A Domestic Worker Employment Contract Spain (Contrato de Empleada de Hogar) is the formal written agreement governing the special employment relationship (relación laboral de carácter especial) between a household employer (empleador del hogar familiar) and a domestic worker (empleado/a de hogar) in Spain, regulated principally by Real Decreto 1620/2011, de 14 de noviembre, por el que se regula la relación laboral de carácter especial del servicio del hogar familiar, and supplemented by the Estatuto de los Trabajadores (RDL 2/2015) where the Royal Decree does not provide a specific rule. Article 3 of RD 1620/2011 defines the scope of the domestic service relationship, encompassing services rendered in or for a private household including cleaning, cooking, childcare, elder care, gardening, and other household management tasks.

The domestic service employment relationship in Spain is classified as a special employment relationship (relación laboral especial) under Article 2.1.b of the Estatuto de los Trabajadores, meaning it is excluded from the general employment framework and instead governed by its own specific regulation — RD 1620/2011. This special status reflects the particular nature of household work: performed in a private home, involving a relationship of personal trust (confianza personal) between employer and worker, and subject to the constitutional right to privacy of the home (inviolabilidad del domicilio) under Article 18 of the Constitución Española 1978.

Social security registration of domestic workers in Spain is mandatory through the Sistema Especial de Empleados del Hogar (SEEH), a special scheme within the Régimen General de la Seguridad Social, managed by the Tesorería General de la Seguridad Social (TGSS). Since 1 April 2023, following the amendment introduced by Real Decreto-Ley 16/2022, de 6 de septiembre (implementing EU Directive 2010/41/UE on social protection for domestic workers), the employer is required to register the domestic worker with the TGSS and pay social security contributions regardless of whether the worker works fewer than 60 hours per month. This eliminated the previous exception that allowed workers employed less than 60 hours monthly per employer to self-register.

The SEEH contribution structure under the Ley General de la Seguridad Social (RDL 8/2015) divides contributions between employer and employee — the employer contributes approximately 20.6% of the actual remuneration (including employer's contingencias comunes, desempleo, FOGASA, and formación profesional) and the employee contributes approximately 6.35%. The contribution base (base de cotización) is set according to actual salary paid, subject to the minimum contribution base for domestic workers updated annually by the Ministerio de Inclusión, Seguridad Social y Migraciones.

The Inspección de Trabajo y Seguridad Social (ITSS) has authority to investigate domestic employment relationships for compliance with RD 1620/2011 and SEEH obligations, and can impose sanctions under the Real Decreto Legislativo 5/2000 (Ley de Infracciones y Sanciones en el Orden Social — LISOS) for unregistered employment, failure to pay minimum wage, or non-compliance with working time rules. Spain's Salario Mínimo Interprofesional (SMI) applies in full to domestic workers — the employer must pay at least the SMI for the hours worked, regardless of whether accommodation or meals are provided.

The legal framework governing the Domestic Worker Employment Contract Spain (Empleada de Hogar) in Spain draws on several key statutes and regulatory bodies. Under Spanish law, the Código Civil governs marriage (Article 66), divorce (Article 81), custody (Article 92), and maintenance (Article 142). The Ley Orgánica 1/1996 (LOPJM) protects minors. The Registro Civil records births, marriages, and deaths. The Ley 15/2015 de Jurisdicción Voluntaria governs non-contentious proceedings. The Ley Orgánica 1/1982 protects fundamental rights including image and privacy. Parties executing a Domestic Worker Employment Contract Spain (Empleada de Hogar) in Spain should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Real Decreto 1620/2011, de 14 de noviembre (Relación Laboral Especial del Hogar Familiar) sets the foundational requirements.

A Domestic Worker Employment Contract Spain is required whenever a private household employs a person to perform domestic tasks on a regular basis — Real Decreto 1620/2011 Article 4 requires the contract to be in writing for indefinite contracts and for contracts of any duration where the worker expressly requests it.

The contract is needed when a family employs a live-in domestic worker (empleada interna) who resides in the employer's home — Article 9 of RD 1620/2011 governs the specific rules for internal workers, including rest periods, private space requirements, and compensation for accommodation and meals.

A Contrato de Empleada de Hogar is required when a family engages a cleaner, housekeeper, cook, nanny, childminder, elder companion (cuidadora de mayores), or general household assistant on a fixed schedule — even for a few hours per week — because SEEH registration is mandatory from the first day of employment, regardless of hours worked.

The contract is needed when a household employs a carer for a dependent family member (persona dependiente) receiving benefits under the Sistema para la Autonomía y Atención a la Dependencia (SAAD) established by Ley 39/2006 de Dependencia — in many cases the dependence benefit (prestación económica para cuidados en el entorno familiar) requires formal employment documentation to justify the care arrangement.

A formal domestic employment contract is also required when a household employer wishes to use the Spanish tax deduction for domestic service employment (deducción por maternidad or deducción por familia numerosa combined with formalised domestic employment) under the Ley 35/2006 del IRPF — AEAT requires proof of SEEH registration for the deduction to apply.

The contract is necessary when employing a foreign national authorised to work in Spain under a domestic service category residence and work permit (autorización de residencia y trabajo por cuenta ajena), which requires a formal signed employment contract as part of the immigration documentation submitted to the Subdelegación del Gobierno.

Parties in Spain should prepare a Domestic Worker Employment Contract Spain (Empleada de Hogar) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Spanish law, the Código Civil governs marriage (Article 66), divorce (Article 81), custody (Article 92), and maintenance (Article 142). The Ley Orgánica 1/1996 (LOPJM) protects minors. The Registro Civil records births, marriages, and deaths. The Ley 15/2015 de Jurisdicción Voluntaria governs non-contentious proceedings. The Ley Orgánica 1/1982 protects fundamental rights including image and privacy. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

A valid Domestic Worker Employment Contract Spain under Real Decreto 1620/2011 must include the following essential elements to satisfy both the special employment relationship requirements and SEEH social security registration obligations.

Identification of Parties: Full name, DNI/NIE, and address of the household employer (empleador — the natural person head of the family, not a legal entity) and the domestic worker (empleado/a de hogar). RD 1620/2011 applies only where the employer is a natural person — corporate household employers are governed by the general ET framework.

Type of Contract and Duration: Whether the contract is indefinite (indefinido) or fixed-term (temporal) — Article 6 of RD 1620/2011 allows temporary contracts for specific replacements or increased household needs, but indefinite contracts are preferred. The start date and, for temporary contracts, the end date or the specific cause justifying the temporary nature.

Job Description and Duties: A clear description of the domestic tasks the worker is employed to perform — cleaning, cooking, childcare, elder care, pet care, errands — and whether the worker is employed as an internal (interna — live-in) or external (externa — non-resident) worker. Article 7 of RD 1620/2011 distinguishes these categories for rest period calculation purposes.

Work Location: The household address where services are provided. If the employer has multiple residences, all regular work locations should be listed, as SEEH contributions are linked to the employing household.

Working Hours and Schedule: The agreed number of weekly working hours and the daily schedule. Article 9 of RD 1620/2011 sets the maximum ordinary working time at 40 hours per week (calculated as an annual average), with daily rest of at least 12 hours between working days for external workers. Internal workers are entitled to a minimum of 2 hours of rest between morning and afternoon work periods and a minimum continuous rest of 8 hours per night.

Remuneration: The agreed gross hourly or monthly salary, which must equal or exceed the national SMI proportionally to hours worked. For live-in workers, any in-kind benefits (accommodation, meals) may be valued but cash payment must cover at least the SMI cash floor. The payment method (bank transfer — transferencia bancaria — is recommended for AEAT audit trail purposes) and payment frequency must be stated.

Probationary Period: Article 6.2 of RD 1620/2011 permits a probationary period of up to 2 months — or the shorter period agreed in the contract. During this period, either party may terminate freely with 7 days' notice.

Notice Period and Withdrawal: Article 11 of RD 1620/2011 requires a minimum of 20 days' notice for termination by the employer (desistimiento del empleador) for contracts of more than 1 year, and 7 days for shorter contracts. The employer must pay 12 days' salary per year of service upon withdrawal.

Weekly Rest and Public Holidays: A minimum of 36 consecutive hours of weekly rest, normally including all day Sunday, under Article 9.3 of RD 1620/2011. The worker is entitled to all official public holidays (festivos nacionales, autonómicos, and locales) with compensation if required to work on those days.

SEEH Social Security Registration: Confirmation that the employer will register the worker with the TGSS under the Sistema Especial de Empleados del Hogar before the first day of work, and will make monthly SEEH contributions.

Data Protection: RGPD-compliant clause under Reglamento (UE) 2016/679 and Ley Orgánica 3/2018 (LOPDGDD) — the legal basis is performance of the employment contract under Article 6.1(b) RGPD.

Forms-legal.com provides this Domestic Worker Employment Contract Spain template as a practical starting point. Household employers should consult a gestor laboral or abogado laboralista to confirm SEEH contribution rates applicable to the agreed salary and working hours.