How to hire a nanny in Spain legally (2026)

Is a nanny an employee or self-employed?

Most nannies who work set hours in your home, under your instructions, are domestic employees (empleadas de hogar). A genuinely self-employed person (autónomo) invoices several clients, sets her own methods and carries her own business risk. Calling a regular nanny “self-employed” does not make it so, and mislabelling is a common cause of problems. Ask your gestor if you are unsure.

1. Register her with the Seguridad Social

Registering the worker (alta) is the employer's duty and is not optional, even for a few hours a week. Contributions are calculated on the monthly pay band, and the official Seguridad Social simulator lets you see the monthly cost before you hire. Since October 2022, domestic employees also contribute towards unemployment protection, so the system is now closer to that of other employees. Because contribution percentages and bands are updated yearly, check the current table rather than relying on a figure you read last year.

2. Pay at least the legal minimum

The 2026 minimum wage (Salario Mínimo Interprofesional, set by Real Decreto 126/2026) is €1,221 per month in 14 payments for a full-time worker, about €17,094 per year. Published guides put the hourly floor for domestic work at roughly €9.5 per hour worked, with part-time pay pro-rated by hours. Room and board do not count towards the minimum. You can always pay more, and for experienced, multilingual or newborn-specialist nannies in Marbella the going rate is usually well above the legal floor — see how much a nanny costs in Marbella.

3. Put the contract in writing

A domestic employment contract can be informal in some short cases, but Spanish rules for domestic staff generally require it to be in writing for stays of four weeks or longer, and writing it down protects both sides in any case. A good contract states the start date, hours and schedule, the duties, the pay (and whether it is gross or net), the number of payments, days off and holiday, whether she lives in, and any trial period. Keep a copy for each of you.

4. Holidays, rest and live-in rules

Domestic employees are entitled to annual paid holiday (30 calendar days for a full year), weekly rest and daily rest. Live-in nannies have additional rules about rest hours and time off. Your gestor can set out the exact entitlements for the arrangement you want.

5. Right to work

EU citizens can work in Spain freely. Nannies from outside the EU generally need a valid work authorisation. Always check identity documents and the right to work before the first day.

6. Health and safety

Recent guidance also requires employers of domestic staff to assess occupational risks in the home. Ask your gestor what applies and keep it simple and documented.

Common mistakes

• Paying cash with no registration — this leaves the nanny without cover and you exposed to fines and back-payments.
• Treating “a few hours a week” as exempt — it is not.
• No written contract, then disagreement about hours or holiday.
• Agreeing a “net” figure without writing down who covers contributions.

Where an agency helps — and where it does not

An agency such as Oka Nannys finds, interviews and vets the nanny and introduces her to your family. It does not replace your own employer obligations: ask any agency exactly who the employer is in the arrangement, who registers the nanny, and what is in writing. A gestor or labour lawyer can set up the registration and payroll for a modest fee.

Sources & checking

Figures above reflect published guides in October 2026, including BBVA's 2026 domestic-worker guide and the OCU domestic-employee guide, and the BOE decree setting the 2026 SMI. Rules and percentages change, so confirm with the Seguridad Social or a gestor before you sign.