Work & learning
What are my rights at work in Spain, and what if I clean or care for someone in their home?
Everyone who works in Spain has the same core rights, whatever their papers: at least the SMI (salario mínimo interprofesional, the national minimum wage), a payslip, paid holiday, and registration with Social Security paid for by the employer. Domestic workers and carers — cleaning, cooking, childminding, caring for someone older in a private home — have had those same rights since the law changed in Sep 2022.
Does this apply to me
Yes, if someone pays you to work, live-in or live-out, however few hours you do. Immigration status does not remove these rights: Spanish immigration law says in as many words that not holding a work permit does not invalidate your employment contract as regards your rights as a worker — Ley Orgánica 4/2000, article 36.5. The one thing that article blocks is unemployment benefit, which needs a work authorisation. Barcelona City Council puts it plainly in its leaflet for domestic and care workers: if you have no papers, you still have rights.
Your contract, if you have nothing in writing
Either side can demand a written contract at any point, including part-way through the job, and written form is required where the work lasts more than four weeks. Then the sentence to remember: where there is no written agreement, the law presumes the contract is permanent and full-time — article 5 of Real Decreto 1620/2011.
The money, for 2026
| Minimum | |
|---|---|
| Full-time, monthly (gross) | €1,221, plus two extra annual payments (pagas extraordinarias) of at least €1,221 each |
| Full-time, monthly, if the extra payments are spread over the year instead | €1,424.50 |
| Part-time, pro rata (example: 20 hours a week) | at least €610.50 a month |
Paid by the hour and living out, the legal minimum is €9.55 for every hour actually worked, already including the extra payments and holiday pay. Board and lodging can count as part of your pay, but never more than 30 per cent of it, and the SMI itself must reach you in cash.
These are the 2026 figures, set by Real Decreto 126/2026; older leaflets still print the 2025 wage, so check the year on anything you are shown.
Hours, rest and holiday
These entitlements are specific to domestic and care work:
| Entitlement | Amount |
|---|---|
| Maximum actual working hours | 40 hours a week |
| “Tiempo de presencia” (available in the home, not working) — only if the contract agrees | up to 20 more hours a week, averaged over one month, whether you live in or live out. Paid at no less than your ordinary hourly rate, or given back as equal paid time off — the contract says which |
| Rest between one working day and the next | 12 hours if you live out · 10 hours if you live in, with the difference made up within four weeks |
| Meal breaks | live-in: 2 hours a day for main meals · live-out: a 15-minute break on any day longer than six hours (Estatuto de los Trabajadores; the Labour Inspectorate’s own page says six and a half) |
| Weekly rest | at least 36 consecutive hours |
| Holiday | 30 calendar days a year, at least 15 of them consecutive |
Registration is the employer’s job
The household must register you with Social Security before you start, whatever the number of hours, and even if you also work in other homes. Since Jan 2023 an employer cannot push that duty onto the worker, not even below 60 hours a month, and since 1 Oct 2022 they must pay contributions for unemployment and for FOGASA, the fund that pays your wages if the household goes insolvent. That is what makes unemployment benefit real for a registered domestic worker: with 360 days contributed in the last six years, you can claim it.
To find out whether the household actually did it, ask Social Security for your “informe de vida laboral” (working-life report) at portal.seg-social.gob.es. It lists every period you have been registered. No digital certificate is needed and no fee is published: fill in your details, take a selfie and photograph your identity document.
Being sacked
Dismissal at the employer’s whim — “desistimiento” — was abolished for domestic workers in 2022. Your employer must give you the decision in writing and state the reason.
| Time with the employer | Notice |
|---|---|
| More than one year | 20 days |
| One year or less | 7 days |
Severance is 12 days’ pay per year worked, capped at six monthly payments, where the reason is one of the special causes for domestic work; on an ordinary ground the general rules apply and are usually higher. You are also owed:
- unpaid wages
- overtime
- untaken holiday
- the proportional part of the two extra payments
Full-time workers get six paid hours a week during notice to look for another job. You do not have to sign the letter; if you sign, write “no conforme” next to your name.
If the employer gets that wrong
If they fail to give you the decision in writing, or to put the severance at your disposal at the same time, the law presumes they have chosen the Estatuto de los Trabajadores dismissal regime instead — considerably more favourable to you. Article 11.3 of Real Decreto 1620/2011.
The deadline
| What | Deadline |
|---|---|
| Challenge a dismissal | 20 working days from the day it happened (Saturdays, Sundays and public holidays do not count) |
| Claim unpaid wages | one year, from the day each payment could first have been claimed — not from the day the job ended |
Miss the 20 days and the dismissal stands however unfair it was.
What to do, in order
First, write down what happened, with dates, hours and amounts, and keep bank transfers, messages and any payslip. Then:
- 1. Ring the Punts de Defensa dels Drets Laborals on 900 533 175, Mon–Fri 09:00–18:00, and book advice. It is a free council service, and its own page says it sees any person, wherever they live and whatever their administrative situation, by phone or in person in every district of Barcelona.
- 2. If it is a dismissal or money owed, file a conciliation form with the Generalitat — “papereta de conciliació” in Catalan, “papeleta de conciliación” in Spanish. It is free, it can be done online, and it is compulsory before a court will hear you. Filing pauses the 20-day clock; the count resumes the day after the conciliation attempt, or 15 days after filing if none takes place.
- 3. If you were never registered, or were paid below the minimum, or worked hours you were not paid for, report it to the Inspecció de Treball de Catalunya: Travessera de Gràcia 303-311, 08025, telephone 93 624 75 00, registry Mon–Fri 09:00–14:00, or file online. A complaint cannot be anonymous — you must identify yourself with a DNI, a NIE (Número de Identidad de Extranjero, the foreigner identification number) or a passport — and the inspectorate is required to keep your identity from the employer. Use form IP-107, which exists in English, Catalan, French and other languages, though not in Tagalog. No fee is published for a complaint.
Two protections worth knowing before you report
A dismissal without cause after you make a complaint is null. And if you have worked in Spain for at least six months in the two years before the complaint, cooperating with the labour inspectorate can open a route to a temporary residence authorisation for exceptional circumstances, under the current Reglamento de Extranjería (Real Decreto 1155/2024). Ask an adviser before you file, not after.
Where else to go
| Organisation | Address | Phone | Notes |
|---|---|---|---|
| Sindihogar (union of domestic and care workers) | Carrer de Sant Pere Més Baix 7, 08003 | 711 246 261 | Legal and psychological support for members. Book through sindihogar.org by email rather than by phone, as its own page asks — check the address of your session, some are held elsewhere |
| Mujeres Migrantes Diversas | Carrer de Vistalegre 15, Ciutat Vella | 632 171 961 | |
| CCOO de Catalunya | Via Laietana 16, 08003 | 933 100 000 | Advice is a members’ right needing three months’ membership, or three subscriptions paid on the day — read this before you go |
Useful words
| Term | Meaning |
|---|---|
| Nómina | payslip |
| Alta | being registered with Social Security |
| Empleada de hogar | domestic worker, the kasambahay |
| Paga extraordinaria | one of the two extra annual payments |
| Finiquito | the final settlement when the job ends |
| Indemnización | severance |
| Preaviso | notice |
| Despido | dismissal |
| Papereta de conciliació | the conciliation form |
| Denúncia | a complaint to the labour inspectorate, not a police report |
Read next
- Where can I get free help finding a job in Barcelona?
- Do I have to file a tax return in Spain, and where do I get free help? A private household withholds no income tax, which changes the threshold that applies to you.
- Where do I get free legal advice on immigration, arraigo or family reunification?
Official source
The Spanish Labour Inspectorate publishes a full rights guide for domestic workers in Tagalog, “Alamin ang iyong mga karapatan”, at oeitss.gob.es, on the 2026 pay figures. The hours, rest, notice, severance and dismissal rules are Real Decreto 1620/2011 and the Estatuto de los Trabajadores at boe.es; the wage is Real Decreto 126/2026.
Sources & checks
Spanish Labour Inspectorate · domestic workers’ rights, in Tagalog ↗
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