Domestic household service has its own special labor regime in Spain, with rules on ending the contract and on compensation that differ from the general regime for employees. Both private employers and domestic workers are often unaware of these particularities.
Why a special regime exists
Employment relationships in domestic household service (live-in workers, live-out workers, care for dependents in the home) have their own characteristics that have historically justified specific regulation, different from the Workers' Statute in some respects, though with a gradual equalization of rights in recent regulatory reforms.
Withdrawal: a mechanism unique to this regime
One of the most notable particularities is the figure of desistimiento (withdrawal), exclusive to this special employment relationship: it allows the employer to end the contract without needing to cite a specific cause (unlike the general regime, where a dismissal without justified cause is considered unfair), while still respecting a notice period and paying specific compensation.
The mandatory notice period in case of withdrawal
The required notice period depends on the worker's length of service: it's shorter for relationships of under a year and gets longer for greater seniority, up to a maximum set by the rules. If the employer doesn't respect the notice period, they must financially compensate for the notice days not honored.
Compensation for withdrawal
Compensation in the case of withdrawal is lower than for unfair dismissal under the general regime: it's calculated using fewer days of salary per year worked than would apply for an ordinary unfair dismissal, with a different maximum number of months' pay as well. It's worth checking the rules in force at the specific time of termination to know the exact applicable figure.
What items the severance settlement includes under this regime
As under the general regime, a domestic worker's severance settlement must include the salary for days worked but not yet paid, the proportional part of untaken vacation, and the proportional part of extra payments, plus withdrawal compensation if applicable and it isn't a voluntary resignation.
Mandatory registration and contributions
Following recent reforms, there's an obligation to register and pay Social Security contributions for the domestic worker from the very first hour worked, regardless of the number of weekly hours, eliminating old exemptions for very-low-hour relationships that existed under previous rules. The employer (the employing family) is responsible for this registration and for contributions.
Estimate the rough amount of a severance payment under this regime
Although the particularities of this special regime differ from those of the general regime, our severance pay calculator can serve as a rough reference for the general items (outstanding salary, vacation, extra payments) to include in the calculation.