In Spain, housekeepers play an essential role in many households, offering invaluable support in managing daily tasks. However, both employers and housekeepers often find themselves uncertain about the legal rights and responsibilities involved. This article provides an overview of the key aspects of employing domestic staff in Spain, ensuring both parties are aware of their obligations and entitlements.
The rights of domestic staff
Housekeepers are entitled to various legal rights under Spanish labour laws. These rights are designed to ensure they are treated fairly, have proper working conditions, and are protected in case of illness. One of the key rights concerns working hours – housekeepers cannot work more than 40 hours per week, and they must receive at least one full day of rest each week. Employers must respect these working hour limits to avoid overburdening employees.
Housekeepers must also receive at least the minimum wage, which is set by the government each year. This wage applies regardless of the housekeeper’s experience or specific job responsibilities, and employers must ensure they meet or exceed this minimum. In addition, housekeepers are entitled to be paid annual leave, generally 30 calendar days per year. If a housekeeper falls ill or requires medical attention, they are also entitled to paid sick leave by the mutual insurance company or INSS, which was not the case previously.
Social Security contributions: How they work
One of the most important responsibilities for employers is registering their housekeepers with the Spanish Social Security system. This ensures that employees are eligible for healthcare, pensions, and other social benefits. Employers must make regular contributions to the system, which helps fund these benefits. Employees themselves also contribute, but at a lower rate.
Employers need to ensure that these payments are made on time each month, as failing to do so can lead to penalties or issues with the employee’s benefits. It is also important that employers provide a written contract outlining the agreed-upon terms of employment, such as working hours, salary, and job duties. This contract not only ensures that both parties are on the same page but also provides a legal safeguard in case of any disputes.
Ensuring a safe working environment
Employers are legally responsible for ensuring that the work environment is safe and healthy for their housekeepers. This includes taking steps to prevent accidents at work and ensuring that tools and equipment are safe to use. For example, if a housekeeper is responsible for cleaning with chemicals, the employer must ensure these substances are stored properly and that the housekeeper is aware of how to handle them safely.
A recent update in Spanish labour law mandates that employers of housekeepers carry out health risk evaluations and establish harassment and labour risk prevention protocols. These evaluations and protocols will be mandatory in the future for all households employing housekeepers, ensuring that the workplace is safe and free from risks that could affect the employee’s health and well-being.
To help employers and housekeepers comply with these new requirements, the INSS (Instituto Nacional de la Seguridad Social) will provide a free online tool around March 2025. This tool will allow employers to carry out health risk assessments and develop appropriate prevention protocols. It will also assist in identifying potential hazards, ensuring that housekeepers are protected from any physical, mental, or emotional harm in the workplace.
Employers will be required to use this tool to evaluate health risks and implement appropriate safety measures, as well as create a protocol to prevent workplace harassment. The protocols will include clear steps to take in case of any disputes or claims of harassment, ensuring that both the employer and employee are aware of the procedures and their rights.
Dismissing domestic staff: What you need to know
Sometimes, despite everyone’s best efforts, the working relationship between employer and employee may come to an end. In such cases, it is crucial that employers follow the proper legal procedures when dismissing a housekeeper. First and foremost, employers must provide notice before termination, typically 15 days, depending on the terms of the contract.
If the dismissal is deemed unjust or without adequate reason, the employee has the right to compensation. This compensation is usually calculated based on the employee’s salary, and the employer must ensure it is paid in full. Dismissing an employee without following legal procedures can lead to legal complications and financial consequences.
In conclusion
The employment of housekeepers in Spain comes with a clear set of responsibilities that both employers and employees must be aware of. By respecting legal requirements related to working hours, wages, social security contributions, and workplace safety, employers can ensure they are providing a fair and supportive environment for their housekeepers.
Additionally, Spence Clarke can assist with all the necessary formalities in employing domestic staff, ensuring compliance with Spanish labour laws and handling any administrative tasks so that employers can focus on their home and staff with peace of mind.
