The penalty you face if you do not register your domestic worker

In Spain, employers are required to register household employees with Social Security. Failure to comply with this regulation can result in a significant financial penalty, in addition to the payment of unpaid contributions. In this article, we analyze the consequences and procedures related to this legal obligation.

Since 2022, household employees enjoy the same labor rights as any other employee, including access to unemployment insurance. This is established in Royal Decree 16/2022, which requires employers to assume the contributions of their household employees. By 2024, these contributions have increased, reflecting the need to adjust labor costs.

Large families, on the other hand, can benefit from bonuses that reduce the amount of social contributions they have to pay.

The legislation is clear: not registering a household employee is a serious offense. According to the Law on Infractions and Sanctions in the Social Order (LISOS), fines can range from 3,750 to 12,000 euros, depending on the severity of the infraction. Royal Decree 5/2000 specifies three levels of sanction:

A serious infraction in the minimum degree: Fine of between 3,750 to 7,500 euros.
A serious infraction in the medium degree: Fine of between 7,501 to 9,600 euros.
A serious infraction in the maximum degree: Fine of between 9,601 to 12,000 euros.
In addition to the financial penalty, employers must pay the outstanding contributions to Social Security.

The household employee must be registered with Social Security before starting work. The deadline for this registration can be up to 60 days before the start of the activity and, at the latest, the day before the start of the work. Registering the employee outside these deadlines can result in sanctions.

The registration is carried out through the Social Security’s Importass portal, in the “Registrations, cancellations, and modifications” section and specifically in the area of “Registration in home employment.”

The employment relationship between the household employee and the employer must be formalized through a written contract if the work is to last more than four weeks. The Ministry of Employment offers contract models to facilitate this process, both for temporary and permanent contracts.

In case of dismissal, it must be justified for reasons such as a decrease in income, changes in the household’s needs, or the behavior of the employee. The compensation for dismissal is 12 days per year worked, with a maximum of six months. In addition, notice must be given seven days in advance or 20 days if the employee has been working for more than a year.

Not registering a household employee with Social Security not only entails significant financial penalties but also the payment of unpaid contributions. It is essential to comply with this legal obligation to avoid fines and guarantee the labor rights of household employees. Formalizing the contract and correct registration with Social Security are essential steps for a fair and legal employment relationship.

via: Decoración 2.0, decoration news in Spanish

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