The figure of the domestic worker has a great presence in most of Spanish homes, but as over the years this figure has been related with a non-professionalised sector and, unfortunately, little appreciated, most of the Spanish domestic workers are not registered with Social Security and work without a contract. A common situation in Spain.
In most cases, the excuses to not draft a contract to a domestic worker are very similar: they are too expensive, they just work a coupe of days per week, no one is going to find out… It should also be noted that sometimes it is the workers themselves who do not want a contract.
But what many families do not know the risks of not registering them with Social Security, which are not exactly few.
Knowing that it is a very common situation, at Lawyers & Accountants we are going to review the main risks and consequences of not registering a domestic worker.
Risks of not drafting a contract to the domestic worker to the employer
Work Inspection
The first thing to take into account is that registering domestic workers with Social Security is compulsory, since they have the same rights as any other worker of any sector.
This said, in case of having a work inspection, it will be the employer the responsible for the situation, regardless of whether it was the domestic worker herself who asked not to have a contract.
Failure to register a domestic worker can lead to a penalty of up to 15000 euros.
They will not be covered for an accident at work
Another risk is that without a contract, the domestic worker will not be covered for an accident at work, with everything that this implies.
Here, the employer will also be responsible, and they will have to take care of all the penalties derived from the accident.
On the contrary, a household employee who is registered with Social Security system will be entitled to leave, being able to receive an incapacity benefit if necessary. This means that she will be fully covered, and that you will not have to pay anything.
Risk of the employee will report you
By not being discharged and working without a contract you run the risk that the employee will report you, regardless whether they were the ones that asked to work without a contract, that they have been working long time with you or you have a lot of trust.
Work Inspection
The first thing to take into account is that registering domestic workers with Social Security is compulsory, since they have the same rights as any other worker of any sector.
This said, in case of having a work inspection, it will be the employer the responsible for the situation, regardless of whether it was the domestic worker herself who asked not to have a contract.
Failure to register a domestic worker can lead to a penalty of up to 15000 euros.
They will not be covered for an accident at work
Another risk is that without a contract, the domestic worker will not be covered for an accident at work, with everything that this implies.
Here, the employer will also be responsible, and they will have to take care of all the penalties derived from the accident.
On the contrary, a household employee who is registered with Social Security system will be entitled to leave, being able to receive an incapacity benefit if necessary. This means that she will be fully covered, and that you will not have to pay anything.
Risk of the employee will report you
By not being discharged and working without a contract you run the risk that the employee will report you, regardless whether they were the ones that asked to work without a contract, that they have been working long time with you or you have a lot of trust.
Legal protection
In the case where the employee made any robbery in the house, without contract you would not be in disposition to report it, being totally unprotected. Or rather, you could report, but at the same time you would have to face the relevant sanction.
Lawyers & Accountants, helps you to register your domestic worker
If after analysing the risks you are considering the possibility of making a contract, at Lawyers & Accountants we put ourselves at your disposal to register with social security system a household employee.
Our employment advisors in Madrid will take care of all the paperwork and needed procedures to register a domestic worker:
- Quotation account code request.
- Registration of the domestic employee.
- Drawing up the employment contract.
- Preparation of the payroll.
- Personal income tax deductions.
- Social Security contributions.
- Incentives for hiring.
- Dismissals and future settlement.
So that, if you have a household employee without contract and you want to regularise their situation to comply with them legislation and avoid risks, contact us without commitment and we will offer you the information that you need.
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