Probation period for domestic worker

you can agree to a probationary period with a domestic worker, but both parties must continue to fulfill their obligations during the probationary period.

• Domestic worker: service provision.
• Employer: Social Security contributions and remuneration for work.

Many times you ask me, and mistakenly it’s believed that a domestic worker can work on a trial basis during the first few days without being registered with Social Security. And, once the trial period is successfully completed, the employment contract begins. The truth is that the employment contract with the domestic worker becomes effective from the first day of work, and the trial is one of the conditions and agreements included in the contract.
However, the advantage of the trial period is that both parties can terminate the contract during the trial period without the need to state a specific cause or reason.

What is the purpose of a trial period with a domestic worker?

The trial period in domestic service is established to assess how the domestic worker performs and whether their profile is suitable for working in our home.

What do we need to know to conduct a trial with a domestic worker?

First, it’s essential to clarify the conditions: the duration of the trial period and whether a notice period is established.

These conditions are recommended to be documented in a written employment contract signed by both parties before the work commences.

Once the employment contract, including the trial period clause, is signed, the employer must register the domestic worker with Social Security. This should be done before the work and the corresponding trial period begin.

How long does the trial period last?”

In the case of a written contract, the maximum probationary period will be two months.
At L’Atelier10, we always recommend having a written contract, as if it’s verbal, the maximum period would be 15 days.

What happens if either party wants to terminate the contract during the probationary period?

The employer must pay the domestic worker for the time worked as agreed.

If a notice period has been agreed upon, both parties must adhere to it, either by fulfilling their obligations during the notice period or through financial compensation.

If the employer terminates the contract during the probationary period, the domestic worker is not entitled to compensation for that reason.

What is needed to end the employment relationship?”

When one of the parties wishes to terminate the contract during the probationary period, they must communicate it in writing to the other party, while adhering to the notice period if it has been agreed upon.

The employer will provide the final settlement to the domestic worker and pay the corresponding amount for the time worked.

The employer will also handle the deregistration of the domestic worker from Social Security, which can be done up to three days after the contract’s termination.

However, with our services agency, L’Atelier10, we guarantee that due to our extensive candidate screening and highly customized selection process based on your household’s needs, it’s unlikely that this relationship will be terminated during the probationary period.
But, we always recommend including it in the contract for any unforeseen circumstances.

If, by rare chance, something were to happen (which almost never occurs with L’Atelier10, the tailored services agency), it’s essential that both parties are aware of the applicable regulations to comply with them and protect themselves. For instance, if the domestic worker were to have an accident during the probationary period and was not registered with Social Security, the employer would be solely responsible for all the expenses.