LEGAL OBLIGATIONS AND RECOMMENDATIONS FOR EMPLOYERS OF DOMESTIC WORKERS

Dear Readers,

At ASEFICO CONSULTING, we would like to remind you that employment within the household is governed by specific regulations that impose a number of legal obligations on the employer. These obligations are designed to ensure decent, safe, and lawful working conditions. Failure to comply may lead to labor claims or penalties imposed by the Labor Inspectorate.

Below is a summary of the main aspects to keep in mind:

Legal Obligations of the Employer

1. Register the worker with Social Security

  • This must be done before the work actually begins.

  • The employer is solely responsible for completing this process.

2. Sign a written employment contract
The contract must include, at a minimum:

  • Agreed working hours (specific days and times).

  • Agreed salary (never below the current minimum wage).

  • Structure of extra payments (prorated or not).

  • Duration of the trial period (maximum 2 months).

  • Duration and scheduling of annual leave (30 days per year).

  • Special conditions (live-in arrangements, travel, overnight stays, etc.).

3. Comply with the Minimum Wage

  • In 2025: €1,184 gross/month in 14 payments or €1,381.33 gross/month if extra payments are prorated.

  • The amounts must be adjusted proportionally for part-time work.

4. Assess occupational risks in the home

  • Since May 2025, the official tool from the Ministry is available at www.prevencion10.es.

  • The assessment must be completed by November 14, 2025.

  • It is mandatory and can be done personally or outsourced to a prevention service.

5. Inform the worker about occupational risks

  • Once the assessment is completed, a copy of the report must be given to the worker.

  • It is advisable to provide basic training on household risk prevention.

6. Keep a time record

  • It must reflect actual start and end times of the working day.

  • This can be done on paper or through simple apps.

Additional Recommendations to Avoid Legal Issues

  • Provide monthly proof of payment through a signed payslip or itemized receipt.

  • Have the worker sign a document confirming vacation days taken.

  • Keep all records: contract, Social Security registrations/deregistrations, payments, assessments, communications, etc.

  • Consult a professional before implementing dismissals, modifying conditions, or applying disciplinary measures.

ASEFICO Can Help You

We have a team of experts in labor law and domestic employment management. We offer comprehensive support to:

  • Draft legally compliant employment contracts.

  • Handle registrations, terminations, and updates with Social Security.

  • Prepare payslips, receipts, and vacation documentation.

  • Conduct household occupational risk assessments.

  • Prepare you for potential inspections or legal claims.

Contact us to avoid unnecessary sanctions and conflicts.