What the law sets for domestic work
The essentials of what the review checks, with the law each point comes from. This is information about the law, not advice.
Reviewed on 9 October 2026Sources: Real Decreto 1620/2011 · Real Decreto-ley 16/2022 · Real Decreto 126/2026Who is behind this
Your pay
The national minimum wage (salario mínimo interprofesional) also applies to domestic service: full-time, at 40 hours a week, it is the monthly figure in the year's royal decree in 14 payments and, with fewer hours, it applies in proportion (art. 8.1 of Real Decreto 1620/2011).
Someone who works by the hour and does not live in the home is paid at least the hourly rate in the year's SMI royal decree. That minimum wage includes all pay items and is paid in money (art. 8.5); the regulation does not mention holiday or extra payments, and the review reads them as included in it.
Accommodation and meals can be agreed as pay in kind, up to 30 % of total pay, and they do not count towards reaching the minimum in money (art. 8.2). There are two extra payments (pagas extra) a year, one at the end of each half-year unless agreed otherwise (art. 8.4).
Laws
Working hours, rest and holiday
Ordinary working hours are 40 hours of actual work a week, and time on call (tiempo de presencia) is counted separately (art. 9.1); anything beyond that would be overtime (art. 9.3). Between one working day and the next there are 12 hours of rest, which for someone who lives in the home can be reduced to 10 if the difference is made up within four weeks. The weekly rest is 36 hours in a row.
Holiday is 30 calendar days a year, and at least one period has to be 15 days in a row (art. 9). If this is not met, the review marks it as “Below what the regulation sets”. These items carry no amount: the review does not calculate what those days are worth or add them to what you could be short.
Laws
Dismissal by withdrawal (desistimiento) by the family
The family can end the relationship by withdrawal (desistimiento) only for one of three reasons, and provided they are justified: less income or more expenses for the family due to an unforeseen circumstance, a substantial change in its needs, or reasonable and proportionate loss of trust. It is communicated in writing, with the reason (art. 11.2).
Severance pay is 12 days' pay per year of service, capped at six months' pay, and it is made available at the same time as the termination is communicated (art. 11.2). The notice period is 20 days if you have been there more than one year and 7 if not, counted from when you are told of the decision, and it can be replaced by the pay for those days. They are calendar days: civil-law time limits do not exclude non-working days (art. 5 of the Código Civil, the Civil Code). Someone who works full-time has six paid hours a week to look for work during the notice period.
The review looks at the category of the reason given, not at whether it is true: that is for a court to decide.
Laws
- Real Decreto 1620/2011, de 14 de noviembre, por el que se regula la relación laboral de carácter especial del servicio del hogar familiar
- Real Decreto-ley 16/2022, de 6 de septiembre, para la mejora de las condiciones de trabajo y de Seguridad Social de las personas trabajadoras al servicio del hogar
- Código Civil
Without a written notice or without severance pay
If the written notice is missing, or the severance pay was not made available with the notice, the regulation presumes that it is not a dismissal by withdrawal but a dismissal (despido), and its rules could apply (art. 11.3). A shorter notice period or an excusable error in the amount do not lead to that presumption: the difference is due.
For someone who lives in the home, the decision to end the relationship may not be carried out between 17:00 and 08:00 the next day, unless it is due to a very serious breach of the duties of loyalty and trust (art. 11.4). The review looks at the time you were told.
Laws
How an incomplete year is counted
The text does not say how to count an incomplete year for severance pay. The review counts complete years; the reading that counts one day for each month started is given only as “and up to”. The daily wage is the annual wage divided by 365.
Laws
Unemployment benefit
Since Real Decreto-ley 16/2022, domestic workers can receive unemployment benefit (paro) if they meet the general requirements, among them 360 days of unemployment contributions in the previous six years (arts. 266 and 269.1 of the Ley General de la Seguridad Social, the general social security law). Dismissal by withdrawal (desistimiento) is a legal situation of unemployment (art. 267.1.a) 8.º), like dismissal (art. 267.1.a) 3.º), and unemployment contributions have been paid since 1 October 2022 (transitional provision 2.ª of Real Decreto-ley 16/2022).
Estimate how much unemployment benefit you would receive
Laws
What the review does not look at
Whether the reason for the dismissal by withdrawal is true, what you have agreed with the family, Seguridad Social contributions and your net pay. Nor does it look at time on call (art. 9.2), the two hours a day for meals of someone who lives in the home (art. 9.4), the trial period (art. 6.2) or occupational risk prevention (Real Decreto 893/2024). And it does not ask for your name, DNI (ID number), address, nationality, immigration status, health or pregnancy: it does not need them.
Frequently asked questions
What is the minimum wage in domestic service?
In 2026, the SMI (minimum wage) is 1.221,00 € a month in 14 payments (17.094,00 € a year) for 40 hours a week, and in proportion with fewer hours (art. 8.1 of Real Decreto 1620/2011). Someone who works by the hour and does not live in the home is paid at least 9,55 € an hour, a minimum that includes all pay items (art. 8.5).
What does the hourly rate include?
The minimum hourly wage for someone who works by the hour and does not live in the home includes all pay items and is paid in money (art. 8.5 of Real Decreto 1620/2011). The regulation does not mention holiday or extra payments; the review reads them as included in that minimum and does not calculate them separately in the final settlement. Above the minimum, what you and the family have agreed decides.
What is dismissal by withdrawal (desistimiento) and what does it have to meet?
It is the ending of the relationship by decision of the family, governed by art. 11.2 of Real Decreto 1620/2011. It has to have one of three reasons, and be justified: less income or more expenses for the family due to an unforeseen circumstance, a substantial change in its needs, or reasonable and proportionate loss of trust. It is communicated in writing with the reason, and the severance pay is made available with the notice: 12 days' pay per year of service, capped at six months' pay. The notice period is 20 days if you have been there more than one year and 7 if not (art. 11.2 of Real Decreto 1620/2011); they are calendar days, because civil-law time limits do not exclude non-working days (art. 5 of the Código Civil, the Civil Code).
When is it presumed to be a dismissal?
When there is no written notice or when the severance pay was not made available with the notice, the regulation presumes that it is a dismissal (despido) and its rules could apply (art. 11.3 of Real Decreto 1620/2011). A short notice period or an excusable error in the amount do not bring this about: the difference is due.
Can they tell me at night if I live in the home?
The regulation says that, for someone who lives in the home, the decision to end the relationship may not be carried out between 17:00 and 08:00 the next day, except for a very serious breach of the duties of loyalty and trust (art. 11.4 of Real Decreto 1620/2011). The review looks at the time you were told; at exactly 17:00 or 08:00 the text does not make clear whether that time counts, and it does not count it as a breach.
How does the review count an incomplete year?
The text does not say. The review counts complete years of service and gives the reading that counts one day for each month started only as “and up to”, without adding it to what it counts. The daily wage is the annual one divided by 365.
What happens if I work more than 40 hours?
The review marks it as “Above the regulation's limit”. Ordinary working hours are 40 hours a week of actual work, with time on call (tiempo de presencia) separate (art. 9.1 of Real Decreto 1620/2011), and anything beyond that would be overtime (art. 9.3). Between working days there are 12 hours of rest (10 for someone who lives in the home, if it is made up within four weeks) and the weekly rest is 36 hours in a row (arts. 9.4 and 9.5); a shorter rest comes out as “Below what the regulation sets”. These items carry no amount: the review does not calculate what those hours are worth or add them to what you could be short.
Can I get unemployment benefit as a domestic worker?
Since Real Decreto-ley 16/2022, domestic workers can receive unemployment benefit (paro) if they meet the general requirements, among them 360 days of unemployment contributions in the previous six years (arts. 266 and 269.1 of the Ley General de la Seguridad Social, the general social security law). Dismissal by withdrawal (desistimiento) is a legal situation of unemployment (art. 267.1.a) 8.º), like dismissal (art. 267.1.a) 3.º), and unemployment contributions have been paid since 1 October 2022 (transitional provision 2.ª of Real Decreto-ley 16/2022). With the unemployment benefit estimate you can see how much and for how long.
What information does the review ask for?
Only dates, figures and answers about the work and how it ended. It does not ask for your name, DNI (ID number), address, nationality, immigration status, health or pregnancy. Everything is calculated on your device and what you type never leaves it.