Outsourcing room cleaning or laundry at a hotel or holiday rental in Spain: your responsibilities in 2026

Updated: 10 November 2026

Many independent hotels and hosts hire an outside company or a self-employed cleaner for room cleaning or linen. It is legal, but it comes with duties. We read the Workers' Statute, the labour offences law (LISOS), RD 171/2004 and RD 1620/2011 in the BOE, plus official Social Security and government pages (links at the end, in Spanish). Where we could not confirm something, we say so. This is not legal advice: check with your adviser or lawyer.

Before signing: the Social Security certificate

Workers' Statute, art. 42.1 (consolidated text, last amended 21-10-2026):

If you contract a service that belongs to your business's «own activity» («propia actividad»), you must check that the company is up to date with its Social Security contributions.
This is done with a certificate from the General Social Security Treasury (TGSS). The contractor can download it from the Social Security Importass portal.
If you request it and it is not issued within 30 non-extendable days, you are released from that liability.
We found no official rule saying whether room cleaning is a hotel's «own activity». Good practice: always ask for the certificate and keep it.

If the company does not pay: you are liable too

Workers' Statute, art. 42.2:

Joint and several liability for the contractor's Social Security contributions during the contract and for three years after it ends.
For those workers' wages, during the year after the contract ends.
Joint and several means the worker or Social Security can claim directly from you.
The contractor's workers must be told in writing which main company they work for.

Which collective agreement the contractor's cleaners get

Art. 42.6, after the labour reform (the preamble of Real Decreto-ley 32/2021 says it amends art. 42):

The agreement «of the sector of the activity carried out in the contract or subcontract» applies.
If the contractor has its own company agreement, it applies «on the terms of article 84».
We have not checked which specific agreement applies to each hotel cleaning contract. Ask the company which one it applies and get it in writing.

Beware of illegal transfer of workers

Workers' Statute, art. 43, and LISOS, art. 8.2:

Only authorised temporary work agencies may transfer workers to another company.
It is illegal transfer, among other cases, when the outside company merely supplies people, with no activity or organisation of its own.
Warning sign: in practice your hotel organises, directs and controls those people as if they were your own staff.
Consequences: both companies are jointly liable and the worker can choose to become permanent staff at either. LISOS classes it as a very serious offence.

Health and safety: coordinate

Law 31/1995, art. 24, implemented by RD 171/2004 (never amended):

If another company's workers clean in your hotel, you must inform each other of the risks before starting; in writing if there are serious or very serious risks (art. 4).
As holder of the workplace, you report the hotel's own risks and give instructions (arts. 7 and 8).
As main company, you require in writing their risk assessment, their prevention planning and proof that they trained and informed their workers (art. 10).
Coordination means: exchange of information, regular meetings or a designated coordinator (art. 11).
Failing to coordinate is a serious offence under LISOS (art. 12.13) and very serious for dangerous or special-risk activities (art. 13.7). We do not quote fine amounts.

Outside laundry

If linen is washed at the laundry's own premises, the work is not done in your hotel; RD 171/2004 coordination mainly concerns whoever enters your premises (for example, delivery and pick-up).
The certificate rule and joint liability under art. 42 depend on it being «own activity», which we have not seen settled in an official rule. Check with your adviser.

Room attendants (camareras de piso)

According to La Moncloa (3-10-2022), the Labour Inspectorate treats room attendants as a «priority group to monitor».
Spain's National Institute for Safety and Health at Work (INSST) published a 2019 guide on ergonomic and psychosocial risks in the hotel sector (link at the end).
We found no contracting rule specific to room attendants: arts. 42 and 43 and RD 171/2004 apply.

Holiday rental: three options

Cleaning company: ask for the clearance certificate and a written contract. If you operate as a company or self-employed, RD 171/2004 coordination applies.
Self-employed cleaner: ask them to prove they are up to date with Social Security. If they work only for you, on your schedule and instructions, check with your adviser whether they are genuinely self-employed.
You hire a person directly: you are their employer and must register them.
The domestic work regime (RD 1620/2011) covers services «for the family home» and presumes an ordinary employment relationship if the person also works in the employer's activities or businesses (art. 2.3). So cleaning a home you let to tourists does not seem to fit as domestic work. We found no express official statement: confirm with your adviser.

Quick checklist

Written contract with the service, the price and who provides the means.
Social Security certificate at the start and periodically.
The collective agreement the company applies, in writing.
Exchange of risks and instructions before day one.
The outside company organises and directs its staff; you deal with its supervisor.

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Frequently asked questions

Do I have to ask the cleaning company for the Social Security certificate?

Yes when the service is part of your «own activity» (art. 42.1 of the Workers' Statute). Since no official rule settles that point for room cleaning, always ask: if it is not issued within 30 non-extendable days, you are released.

Am I liable if the outside company does not pay its cleaners?

For art. 42 contracts, yes: joint and several liability for wages during the year after the service ends and for Social Security contributions for the following three years.

I run a holiday rental and hire a cleaner directly: is it domestic work?

It does not seem so: RD 1620/2011 covers services for the family home and presumes an ordinary employment relationship when the person works in the employer's activities. We have not seen this expressly confirmed by an official source; check with your adviser.

Sources

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