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  1. Start
  2. Information Foreign working people
  3. Spanish
  4. Domestic workers

KNOW YOUR RIGHTS

Household Employees

Right to a fair wage

• You have the right to receive, at a minimum, the interprofessional minimum wage (SMI), as well as two extraordinary payments.

• Extraordinary payments are received in July and December. You can agree with your employer that the two extraordinary payments will be received on another date, for example, each month along with your salary.

• Therefore:

(a) If you work full-time, both internally and externally, is entitled to receive:

• The SMI, which in 2026 is 1,221 € per month.

• Two extraordinary pay A year of at least €1,221 each.

b) If you work part-time, that is, less than 40 hours per week, you can agree with your employer that the remuneration is monthly or by hours:

• If you agree that the remuneration is monthly, has the right to perceive, at least:

The SMI in proportion to the time worked, plus the proportional part of the two extraordinary payments that correspond to it for the time worked.

In addition, you have the right to receive your salary during the time of enjoyment of your annual holidays, as if they were working days.

• If you agree that the remuneration is per hour, you have the right to receive at least the SMI/hour which, by 2026 is 9,55 euros/hour worked (Extraordinary payments and holidays are already included in this amount).

This salary already includes the extraordinary payments and the salary for the holidays you are going to enjoy. Therefore, during the holidays that correspond to him, he will not receive any amount.

• In addition to the salary, an additional amount can be paid, both in money and in kind (for example, for accommodation or maintenance). If a salary is paid in kind, an amount greater than 30 percent of the total salary cannot be deducted, and in any case guaranteeing the cash payment of the SMI.

• Deductions. In general, the company must retain only the amounts established in the Law, and in particular, the share of social security contributions corresponding to the worker:

• 6.58% if the contract is indefinite

• 6.53% if the contract is temporary

Right to a limited time

• The maximum weekly working day is forty hours of effective work.

• For domestic employees, a time of presence may be agreed, in which the employee is available to the employer at home or in another place indicated by him/her. If you so remember, the time of presence it cannot be more than 20 hours a week On average in one month. Those hours of presence must be paid, at least, as the ordinary hours of work.

• If more working hours are carried out, they will be overtime and must be paid, or compensated with paid rest.

Right to daily and weekly rest

• Between the end of one day and the beginning of the next one must mediate a minimum rest of twelve hours. The mid-day rest of the domestic worker may be reduced to ten hours, the remainder being compensated for up to twelve hours in periods of up to four weeks.

• The domestic domestic worker has the right to have at least two hours a day for the main meals. The external employee is entitled to a break of 15 minutes if the day exceeds six and a half hours.

• You have the right to a minimum weekly rest Uninterrupted day and a half that, as a general rule, will be the afternoon of Saturday or, where appropriate, the morning of Monday and the full day of Sunday.

Right to holidays, permits and holidays

• You have the right to enjoy the public holidays and permits established in Article 37 of the Workers’ Statute.

• You have the right to 30 calendar days of holidays per year (equivalent to 22 working days), which may be divided into two or more periods, but at least one of those periods must be 15 consecutive days.

If you work less than one year, you are entitled to the proportional share.

• The dates of enjoyment of the holidays will be agreed between the parties. If nothing is agreed, fifteen days may be fixed by the employer and the rest will be freely chosen by the employee.

The right not to suffer discrimination, decent treatment and a safe and healthy working environment

• Your employer is prohibited from treating you badly or differently because you are of another race, ethnicity, religion, etc.

• Your employer may not treat women differently or take any action against them because they are pregnant or breastfeeding.

• You have the right to respect for your privacy and due consideration for your dignity, including protection from harassment.

• You have the right to a work environment. Safe and healthy.

Social Security Rights

The basic obligations of the employer are:

• Request the discharge of the employee in social security before she begins work, regardless of the number of hours contracted.

• Contribute to Social Security for all the hours worked and for all the remuneration paid to it.

If the employer fails to meet these obligations, you will not be able to access Social Security benefits, or you will receive them to a lesser extent than you would be entitled to.

Foreign persons who do not have the nationality of a country of the European Union can only work, be registered and contribute to social security if they have authorization to work in Spain.

What to do in case of violation of these rights?

If you believe that your rights have been violated, you can file a complaint with the Labour and Social Security Inspectorate.

In this link you can find information on how to report, as well as a reporting model in various languages:

Denunciation

The Labour and Social Security Inspectorate will consider the origin of the complaint to be confidential.

In addition, if the entrepreneur dismisses him without cause after the filing of the complaint, the decision of the company will be deemed null and void.

In the event that you have been working in Spain for a minimum period of six months in the last two years, you can collaborate with the Labour and Social Security Inspectorate by filing a complaint about these facts which, if proven, will allow you to initiate the procedures for granting you the temporary residence permit due to exceptional circumstances of collaboration with authorities, reasons of national security or public interest. This authorization will enable you to work legally in Spain.

Strategic plan

KNOW YOUR RIGHTS

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FOR MORE INFORMATION VISIT THESE WEBSITES

• Labour and Social Security Inspectorate

• About working conditions in Spain

• If you work in the Basque Country, you can also visit this website: Labour Inspection - Labour Inspection - Labour and Employment - Basque Government - euskadi.eus

• If you work in Catalonia, you can also visit this website: He inspected from Treball. Treball


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Second Vice-Presidency of the Government. Ministry of Labour and Social Economy.
Paseo de la Castellana, 63, 28046 Madrid

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