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What it regulates
Regulates health and safety in domestic employment: assessment, controls, equipment, information, training, prevention arrangements and protection against violence and harassment.
Who it applies to
The special employment relationship for domestic service in a family household. Its regime should not automatically be extended to professional home-help services provided by businesses; the amendment adding a specific provision to Royal Decree 39/1997 was annulled.
Key provisions
Carry out the initial assessment and update it after changes, harm or at the specified intervals; document preventive measures with dates and give the worker a copy.
Article 3Provide safe work equipment and, where the assessment requires, suitable personal protective equipment free of charge, with replacement and safe use.
Article 4Inform workers about risks and controls, enable participation and ensure safety training; tasks involving exceptional risks require supplementary training at the employer’s expense.
Article 5In serious and imminent danger, inform the worker and allow work to stop or the home to be left if necessary, without requiring work to resume while danger persists.
Article 6Arrange prevention through personal management with sufficient competence, designated workers or an external service; delegation due to personal inability must meet the article’s written conditions.
Article 7Protect against violence and harassment. Leaving the household because of these situations does not constitute resignation and cannot be grounds for dismissal under this provision.
Additional provision secondHistory and versions
Initial publication: 11/09/2024 · Initial entry into force: 12/09/2024
BOE-A-2024-18182The SEPE Resolution of 8 May 2026 implemented the training, self-assessment and certification activities in the fifth additional provision. Published on 15 May 2026, it takes effect the following day; it does not amend the decree’s wording. The Supreme Court judgment of 29 September 2025 declared the first final provision void. The ruling was published in the BOE on 17 October 2025; the annulment is partial.
The SEPE Resolution of 8 May 2026 implemented the training, self-assessment and certification activities in the fifth additional provision. Published on 15 May 2026, it takes effect the following day; it does not amend the decree’s wording.
BOE-A-2026-10584The Supreme Court judgment of 29 September 2025 declared the first final provision void. The ruling was published in the BOE on 17 October 2025; the annulment is partial.
BOE-A-2025-20797All text versions recorded by the BOE
| Publication | Effective date | Official reference | Affected provisions |
|---|---|---|---|
| 11/09/2024 | 12/09/2024 | BOE-A-2024-18182 | Preamble, Article 1, Article 2, Article 3, Article 4, Article 5, Article 6, Article 7, Article 8, Additional provision first, Additional provision second, Additional provision third, Additional provision fourth, Additional provision fifth, Additional provision sixth, Additional provision seventh, Final provision first, Final provision second, Final provision third, Final provision fourth, Final provision fifth, Signature |
| 17/10/2025 | 17/10/2025 | BOE-A-2025-20797 | Final provision first |
Transitional provisions and application notes
The decree entered into force on 12 September 2024 but deferred general duties for six months after the INSST tool became available on 14 May 2025: the general period ended on 14 November 2025. Training and medical examinations have separate rules.
Final provision fifthThe SEPE Resolution of 8 May 2026 regulates training activities, self-assessment and certification through eFundae; it was published on 15 May and took effect on 16 May 2026. Read it with the fifth final provision’s activation rule for Article 5(3).
Official referenceHealth surveillance requires consent and respect for privacy. Application of the medical examination in Article 8(2) is conditional, under the fifth final provision, on specific National Health System implementing rules. This review has not confirmed those rules and does not present three-year examinations as an already activated duty.
Article 8The Supreme Court annulled only the first final provision by its judgment of 29 September 2025, published on 17 October. The remainder of the decree is not marked as annulled by that judgment; the whole decree must not be labelled repealed.
Final provision first
Official BOE legal relationships
Earlier references (3)
- Amends · BOE-A-2011-18914
- Adds provisions to · BOE-A-1997-1853
- In accordance with · BOE-A-1995-24292
Subsequent references (2)
- Instrument issued under this legislation · BOE-A-2026-10584
- Judicial declaration · BOE-A-2025-20797
