New Regulation for Household Service
Since last 1st of January 2012, the Spanish Special Regimen of Welfare & Social Security for Domestic Workers was included in the Welfare & Social Security General Regimen by establishing a special system for the mentioned workers according to the terms established in the Royal Decree 1620/2011, 14th of November, which regulates the labour relations of special character for Household Service.
For that purpose, it will be considered as a special labour relation that relation agreed between the principal, as an employer, and the employee who, dependently and for account of the principal, renders paid services in the household.
As activities, it includes domestic tasks, care or looking after the family members and other works such as nursery, gardening or car driving when they are part of the domestic tasks.
It will exclude as activities the following relations agreed by:
- Legal entities, of commercial or civil character.
- Temp recruitment agency
- Relations of professional caregiver agreed by public institutions or private entities.
- Nonprofessional caregivers attending dependent people in their domicile.
- Relatives and works done for friendship, benevolence or good-neighbourliness.
- The contract can be made in writing or verbally, although it has to be in writing when the duration is longer than four weeks. The contract duration can be temporary or for unlimited time.
For full time, the wages cannot be less than the payment in cash of the Guaranteed Minimum Wage, which for 2012 is 641,40 € per month, in twelve yearly payments, plus two salary bonus which can be prorated by agreement of the parties. In case of shorter working day, it will be paid the part proportional to the real time of work. In principle, there is not any official wage receipt, although the worker must be given a receipt once the agreed salary has been paid.
The employer will take charge of registering the domestic worker and paying the National Insurance. In case the employee renders services in several households, each one of the employers will be responsible for the mentioned registration and payment. The quotation base will change according to the salary, and on the basis of the following scale:
| Bracket |
Monthly Wage |
Quotation Base |
| 1 | Up to € 74,83/month |
€ 90,20/month |
| 2 | From € 74,83/month up to € 122,93/month |
€ 98,89/month |
| 3 | From € 122,94/month up to € 171,02/month |
€ 146,98/month |
| 4 | From € 171,03/month up to € 219,11/month |
€ 195,07/month |
| 5 | From € 219,12/month up to € 267,20/month |
€ 243,16/month |
| 6 | From € 267,21/month up to € 315,30/month |
€ 291,26/month |
| 7 | From € 315,31/month up to € 363,40/month |
€ 339,36/month |
| 8 | From € 363,41/month up to € 411,50/month |
€ 387,46/month |
| 9 | From € 411,51/month up to € 459,60/month |
€ 435,56/month |
| 10 | From € 459,61/month up to € 507,70/month |
€ 483,66/month |
| 11 | From € 507,71/month up to € 555,80/month |
€ 531,76/month |
| 12 | From € 555,81/month up to € 603,90/month |
€ 579,86/month |
| 13 | From € 603,91/month up to € 652,00/month |
€ 627,96/month |
| 14 | From € 652,01/month up to € 700,10/month |
€ 676,06/month |
| 15 | From € 700,11/month |
€ 748,20/month |
The appropriate contribution rates for common and professional contingencies will be applied on the quotation base salary showed in the table and, on the basis of that, it will be established how much each employer shall pay for contracting the domestic worker.
Domestic workers do not have the right of receiving unemployment benefits, thus, this contingency shall not be paid for.
The employer’s deadline to regularize the situation of their employees is until the 30th of June 2012. In case they do not do it, those who have domestic workers already registered with the Social Security will automatically pay for the maximum base. Those who do not have domestic workers should know that the illegal situation of the employees can be denounced before the Work and Social Security Inspection, with the appropriate fines and sanctions.
If you wish to regularize the situation of your domestic worker, please do not doubt to contact us and ask for a quote.
Rafaela García López
Labour Advisor
