In the workplace, acquired rights represent an essential pillar for the protection and stability of workers. These rights, also known as more favorable conditions, ensure that working conditions, once granted, cannot be unilaterally modified to the detriment of the worker.
Within the world of work, acquired rights of the worker are considered to be those working conditions that the employer applies to his workers, being more favorable than those recognized in his collective agreement, Workers' Statute, legal provisions or employment contract.
The application of acquired rights is regulated in art. 3.1.c of the ET and can be recognized unilaterally by the employer and can also be agreed between the parties.
In this circular we will try to clarify the nature of acquired rights, their consolidation and the legal avenues available for their protection or modification.
What are acquired rights?
Acquired rights in the workplace are benefits or conditions that employees have obtained during their employment, either through explicit concessions from the employer or through consistent and ongoing practices. Examples include higher salaries than those stipulated in the collective bargaining agreement, more vacation days, reduced working hours, and others.
Consolidation of acquired rights
For a benefit to be considered a vested right, it is essential to consider the recurring nature of the benefit, the employer's clear intention to grant it, and that it represents an improvement over the standard conditions established by contract or collective agreement. Case law has emphasized that there is no fixed timeframe for vesting, but continuity and a clear improvement in the employee's working conditions are required.
Legal recognition of acquired rights
The Workers' Statute (ET), in its article 3.1, establishes acquired rights as a mechanism of protection for the worker, guaranteeing that working conditions cannot be altered to the detriment of what has already been granted without a clear agreement or justified exceptional situations.
One of the keys to being considered an acquired right is that a certain right has been enjoyed continuously.
However, as established by case law in the Supreme Court ruling of July 7, 2010 or September 22, 2011, mere persistence or repetition over time is not a sufficient cause, but it is necessary that said persistent action over time determines the employer's will to grant the right indefinitely.
A very typical example of a more beneficial condition is the delivery by the company of a Christmas basket, as has been reiterated by case law on several occasions.
Protection of acquired rights
Employee Actions
- Direct negotiation: First instance of conflict resolution.
- Labor Inspection: If the negotiation does not succeed, the Labor Inspection can be used to report non-compliance.
- Legal action: As a last resort, the worker can initiate legal action to protect their rights.
Revocation of rights by the company
- Substantial modification of conditions: Requires valid justification and prior notification.
- Mutual agreement: Rights can be revoked if there is an agreement between the parties.
- Compensation and absorption: Improvements may be absorbed by mandatory increases resulting from changes in legislation or the agreement.
What can a worker do if they lose an acquired right?
In the event of a substantial change in working conditions that results in the loss of acquired rights, the worker will have the option to:
- Challenge the modification in court within 20 days of its notification, by means of the corresponding lawsuit
- Request the termination of the contract, provided that the acquired rights affected are those included in art. 41.1 ET.
To challenge the modification in court, since it is a special procedure, a prior conciliation form is not required; therefore, the lawsuit can be filed directly in court
Checklist for the management of acquired rights
- Verify the existence of recurring benefits and their recognition as acquired rights.
- Evaluate the legality of current working conditions against the standards of the contract and the agreement.
- Consult with legal representatives before proceeding to modify any acquired rights.
- Properly notify all parties involved about proposed or necessary changes based on the company's economic and legal situation.
- Ensure that all modifications are made in accordance with legal requirements and with due respect for workers' rights.
You can contact this professional office for any questions or clarifications you may have.
Warm regards,
Do you have any questions about this topic?
Our team of expert advisors will help you resolve any issues related to our services.
Contact us now
A Àmbit Assessor, SL has 40 years dedicated to the tax, comptable and labor consultancy of the Pime.
Latest entries from MGI Àmbit
(see all)
Related
