Go back to News
NEWS
Madalena Caldeira warns about the consequences of failing to declare domestic work to Social Security | Observador
22 August, 2025
Madalena Caldeira, partner in the Labour Law department at Gómez-Acebo & Pombo, explains that notifying the hiring of domestic workers is mandatory, and failure to do so can result in significant financial penalties.
The average wage of domestic workers registered with Social Security remains below the national minimum wage, at €358 in December 2024, and only 23% are actually contributing.
Madalena Caldeira emphasises that the notification of hiring must be made within 15 days prior to the start of the employment contract, or within 24 hours of the commencement of work.
She warns that non-compliance with this obligation can lead to fines ranging from €50 to €12,500, depending on the timing and degree of culpability, and stresses that regularising the situation is key to avoiding penalties.
In a context where many employers do not declare contracts, these legal clarifications aim to ensure workers’ access to social benefits and basic labour rights, including subsidies and pensions.
Press contact
Director of Business Development, Marketing and Communications
Director of Business Development, Marketing and Communications
More information about
Gómez-Acebo & Pombo
¡NEW! 
PUBLICATION
21 Jul, 2025
Key points on ‘reasonable adjustments’ due to worker incapacity
The declaration of the worker's incapacity does not automatically terminate the contract, unless the worker expresses his or her wish not to continue working. But permanent absolute incapacity and severe incapacity are incompatible with work. For the rest, the worker has (an extinguishment?) period of ten days to decide and the employer has (an extinguishment?) period of thirty days to decide. Companies with less than 25 employees can assess when the obligation is an excessive burden, but the rest is left to numerous factors, not always objectively measurable. The company must provide a suitable offer without knowing what this suitability depends on.
21 Jul, 2025 
PUBLICATION
15 Jul, 2025
Offsetting employment claims: can a company offset them unilaterally?
If a collective action is brought to challenge the unilateral conduct of a company in the offsetting of salary claims through a payroll deduction, the amount of the debt and the existence of quantitative discrepancies must necessarily be questioned in order to be able to assess whether or not there is legal offsetting on the part of the employer. Only by admitting that the debt is a liquidated amount that is due and payable will the employer - or the employee, as the case may be - be able to offset the debt, but if the debt is not disputed, the way is open for the offsetting of wage claims.
15 Jul, 2025
PUBLICATION
14 May, 2025
Permanent incapacity, except if employee decides otherwise or if an excessive burden on employer, no longer triggers termination of contract
The obligation to accommodate the workplace for persons with a permanent incapacity has come to the fore with such incapacity no longer constituting an automatic termination-of-employment-contract event. Now, unless the employee intends otherwise, the employer has three months to make necessary adjustments or to offer a suitable vacant post, and a failure to do so that is not justified on the grounds of excessive burden means not only a breach of law with all its consequences, but also the continuation of the employer/employee relationship with all its consequences.
14 May, 2025
PUBLICATION
10 Mar, 2025
EU doctrine on ‘temporary-work agencies’ applied to non-agency undertakings that ‘assign’ workers
The Court of Justice of the European Union conditions the interpretation of legislation and case law on unlawful assignment of workers. It takes the view that EU legislation on temporary-work agencies must be applied even when an assignment is carried out by an unauthorised company. Something similar to what is provided for unlawful assignments in Spanish employment law.
10 Mar, 2025
PUBLICATION
04 Feb, 2025
Employment and social security measures and their extension pending passage of the Spanish Government’s budget
In the absence of a Spanish Government budget, urgent measures have been approved in the fields of employment and social security that allow for the updating of some amounts and the application of some legislative provisions for 2025.
04 Feb, 2025
PUBLICATION
29 Jan, 2025
Medidas y prórroga de medidas laborales y de seguridad social a la espera de los Presupuestos Generales del Estado
Ante la ausencia de Presupuestos Generales del Estado, se aprueban medidas urgentes que, en el ámbito laboral y de la Seguridad Social, permiten actualizar algunas cuantías y aplicar algunas normas previstas para el 2025.
29 Jan, 2025
PUBLICATION
15 Nov, 2024
Social Security Measures to Alleviate the DANA’s Effects
The impact of the DANA (Spanish acronym for a cut-off low pressure system) on economic and employment activity has made it necessary to adopt urgent measures to provide employers and workers with liquidity. Among others, benefits, exemptions, extensions and increases of some Social Security pensions.
15 Nov, 2024
PUBLICATION
25 Oct, 2024
Negotiation and content of plans guaranteeing LGBTI rights within companies
A discrepancy in statutory and regulatory workplace pension reforms generates confusion as to the obligation to enrol participants with no more than one month’s seniority and the company's contributions.
25 Oct, 2024
PUBLICATION
27 Jun, 2024
Employer workplace pension contribution as from one month of employee service: is it an obligation?
A discrepancy in statutory and regulatory workplace pension reforms generates confusion as to the obligation to enrol participants with no more than one month’s seniority and the company's contributions.
27 Jun, 2024