Normative
NB. The contents of this page are of a general nature and do not constitute, in any way, the provision of a legal or tax advice service of any kind, so this information is insufficient for making personal or business decisions by our customers.
The information provided here has been obtained from the website of the Ministry of Labor and Social Economy: https://www.mites.gob.es/es/portada/serviciohogar/index.htm
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Labor regime
Is considered special employment relationship of the family home service the one agreed by the owner of the same, as employer, and the employee who, dependently and on his behalf, provides paid services in the family home environment. The following activities are understood to be included in this regime:
- Housework.
- Care or attention of family members.
- Other jobs such as daycare, gardening, driving vehicles, when they are part of the household chores, etc.
Hiring
Access to employment in the family home will be through direct hiring or through public employment services or duly authorized employment agencies.
- Information on the essential elements of the contract:
When the duration of the contract exceeds four weeks, the worker must receive information on the essential elements of the contract if they are not included in it, which in addition to the general aspects (identification of the parties, salary, working hours, etc.) will include:- Wage benefits in kind, when their existence has been agreed.
- Duration and distribution of the agreed time of presence, as well as the remuneration or compensation system thereof.
- The overnight regime of the domestic employee in the family home, if applicable.
- Contract period:
The contract may be entered into for an indefinite time or for a specified duration in the cases provided by law. A trial period may be agreed that may not exceed two months.
INDEFINITE CONTRACT MODEL
https://www.mites.gob.es/es/portada/serviciohogar/nueva-regulacion/contratacion/index.htm
MODEL OF CONTRACT OF DETERMINED DURATION
https://www.mites.gob.es/es/portada/serviciohogar/nueva-regulacion/contratacion/index.htm
Remuneration
Regardless of whether the worker is an internal or external employee, at least the Minimum Interprofessional Salary (“SMI”) must be satisfied in annual computation for full-time (prorated if it is lower), without being able to make any discount in concept accommodation or meals.
The SMI amounts to € 13,300 for a full-time job or an internal position which, depending on the number of agreed payments, means meeting the following monthly payments:
- 12 payments: 1108 euros, less the part of the employee’s social security.
- 13 you pay 1024 euros, less the part of the employee’s social security.
- 14 you pay 950 euros, less the part of the employee’s social security.
Professionals who provide their services by the hour, externally, receive a global remuneration for the hours actually worked, in which the proportional part of the extra pay and vacations must be prorated.
Since January 2012, the employer must register hourly assistants with Social Security. The cost will depend on the number of hours of work you do.
PAYROLL MODEL
https://www.mites.gob.es/es/portada/serviciohogar/nueva-regulacion/retribuciones/index.htm
Working hours, vacations and permits
- Weekly the working day may not exceed forty hours of effective work, without prejudice to the time of presence, available to the employer, which may be agreed between the parties.
For these purposes, attendance times are those that the worker is at the employer’s disposal, but without actively doing work. These cannot exceed 20 hours per month and, if so, they will have to be compensated, either financially or by equivalent hours of rest.
Overnight times correspond to the nights that the employee sleeps at the address where they serve.
- It should be taken into account that, between the end of one day and the beginning of the next, the professional must rest at least twelve hours, except in the case of internal household employees in which, if certain requirements are met, this period may reduced to 10 hours.
- Without prejudice to what our client agrees with the professional, the weekly rest will comprise, as a general rule, Saturday afternoon and full Sunday or full Sunday and Monday morning. It must be, in any case, a minimum of 36 consecutive hours.
- The professional will have the right to 30 calendar days of vacation, splittable and that must be known two months in advance.
Termination of contract
The employment relationship may end for the following reasons:
- Test period not passed.
Provided that a trial period has been established in the employment contract, the employment relationship can be terminated without specifying cause by establishing a trial period not passed.
If notice has been agreed upon, it may never exceed seven days.
- Withdrawal from the employer.
This dismissal must be carried out with a notice of at least seven days, and if the employee’s seniority exceeds one year, it must be 20 days. This notice period may be replaced by compensation equivalent to the salaries of said period.Simultaneously with the dismissal, the worker must be paid compensation equivalent to 12 days of service for each year of seniority, with a limit of 6 monthly payments. This compensation will always be paid in cash.
Within the social security contributions of the worker, there is no unemployment, therefore he does not have the right to collect any type of unemployment benefit.
- Disciplinary dismissal.
The dismissal must be notified in writing, indicating the causes that support it (among those included in the Workers’ Statute).In case of being declared, by the courts as unfair dismissal, the worker will have the right to compensation equivalent to the salary of 20 calendar days multiplied by the number of years of service, with a maximum of twelve monthly payments.
- Unfair dismissal.
When the employer carries out a dismissal without the application of the established procedure (ie it does not deliver the corresponding dismissal letter, or does not pay the compensation corresponding to the dismissal due to the employer’s withdrawal), it will be declared inadmissible.The declaration of inadmissibility entails the payment of an indemnity equivalent to the salary corresponding to twenty calendar days multiplied by the number of years of service, with a limit of twelve monthly payments.
Social security for household employees
The employer has the obligation to register and contribute. However, when the professional provides their services for less than 60 hours per month, they can do the procedures themselves when agreed with the employer.
Social Security contribution bases for domestic service 2019
Tranches, monthly remuneration and contribution bases
| Stretch | Monthly remuneration increased with the proportion of extraordinary payments € / month | Contribution base € / month | Maximum hours worked |
| 1st | Up to 240.00 | 206,00 | 34 |
| 2nd | From 240.01 to 375.00 | 340,00 | 53 |
| 3rd | From 375.01 to 510.00 | 474,00 | 72 |
| 4th | From 510.01 to 645.00 | 608,00 | 92 |
| 5th | From 645.01 to 780.00 | 743,00 | 111 |
| 6th | From 780.01 to 914.00 | 877,00 | 130 |
| 7th | From 914.01 to 1,050.00 | 1.050,00 | 160 |
| 8th | From 1,050.01 to 1,144.00 | 1.097,00 | 160 |
| 9th | From 1,144.01 to 1,294.00 | 1.232,00 | 160 |
| 10th | From 1,294.01 | Monthly remuneration | 160 |
If you want more information:
https://www.mites.gob.es/es/portada/serviciohogar/nueva-regulacion/index.htm