Even though today many companies have stopped doing this, receive the Christmas basket The business is one of the most widespread traditions in Spain. There you will find products of all kinds from Iberian ham, cheese, nougat or Polvoronespassing through pâtés and picklesto reach wines and champagne. A treat that can help when you think about the different menus that are prepared on these dates.
However, in this case all kinds of questions still arise: can a worker demand the basket if it has not been delivered before? What does the law say about this? Is the company obliged to provide it?
This is what the law says about the Christmas basket
The truth is that The law does not oblige businesses to distribute the Christmas basket. In the Workers’ Statute, no rule establishes this obligation. This means that no company is committed to continuing this tradition. In this sense, unless there is a precedent, this right cannot be claimed as a labor right.
“When a worker has received the Christmas basket for several years, it can be considered an acquired right and therefore the company does not have the right to delete it”, explains the labor lawyer Miguel Benito in one of his videos. This means that it is part of the worker’s regular compensation and the company cannot eliminate it without facing possible legal action.
This is something that the Supreme Court has supported. For example, a few days ago he ruled in the case of 1,600 workers Fujitsu Technology in Spain, guaranteeing that they will receive the 2016 Christmas basket that the company unilaterally removed.
The social hall said she suppose a “more advantageous condition” which favors workers who benefited from the basket “regularly, constantly and repeatedly every year” since the start of the company’s activity. Furthermore, he explains that the fact that it could not be distributed in a specific year due to budget cuts does not mean that this right as such is removed.
It should be remembered that employees who have never received the basket cannot request it. unless expressly indicated in some type of agreement, collective agreement or internal standard.
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