Do you have a domestic worker? Remember that “failing to report the contract to Social Security and not paying the corresponding contributions is a crime, punishable by imprisonment and a fine of up to 360 days, potentially amounting to 180,000 euros,” DECO PROTeste advises.
However, there are other changes to the regulation of domestic service, beyond the criminalization of undeclared domestic work, that you should be aware of.
The consumer protection organization highlights the following:
- 40-hour work week – The standard working period has been reduced from 44 to 40 hours per week. For live-in workers, the night rest period has increased from eight consecutive hours to 11 hours. This can only be interrupted—similar to the general regime—due to force majeure or if the worker was hired to care for the sick or children under the age of three.
- Hiring minors under 16 years – It remains possible to hire minors under 16, but they must have completed compulsory schooling or be attending that level of education.
- Vacation scheduling – This is now regulated in accordance with the Labor Code, applying the general rule of 22 working days. In the year of hiring, there is the right to two working days for each month of the contract, up to 20 days. The domestic worker can take vacation after the first six months of the contract. If vacation time is violated, the compensation no longer corresponds to double the remuneration but triples that value. The worker can also waive vacation time exceeding 20 working days without losing remuneration and the respective allowance.
- Public holidays – The domestic worker is entitled to mandatory holidays without pay reduction. If working on a holiday, they are entitled to paid compensatory rest, to be taken either in the same week or the following one. If this is not possible due to employer reasons, the worker is entitled to the remuneration corresponding to the holiday on which they worked.
- Termination of contract by expiry – The contract may expire due to substantial changes in the employer’s family life, such as when duties involve caring for children who no longer require assistance. If expiration is due to these changes or due to the employer’s economic insufficiency after the contract’s conclusion, the notification must include reasons and be provided at least seven days in advance for contracts up to six months; 15 days for contracts between six months and two years; or 30 days for contracts lasting more than two years.
