top of page

Is the company's Christmas basket an acquired right in Spain?

For example, the Supreme Court ruled in 2019 in favor of the workers of a very well known international corporation based in Spain, making clear that, at least in this case, the conditions established by law were met to consider the Christmas basket as a "more beneficial condition" for employees due to their continuous character over the years and because it is considered an improvement or advantage in the employment contract.

The essential message from our Supreme Court was that it could not be abolished without further ado, although it is considered reasonable that the company could negotiate not to deliver it some year if economic conditions demand austerity and cost cuts.

Although this court also made it clear that it could not be generalized, the reality is that around 70% of the Court's rulings on Christmas baskets unilaterally suppressed by the company, ruled in that same direction. In other words, it is a more beneficial condition in the employment contract and therefore cannot be eliminated.

For those of you who do not know about this Spanish tradition, we could say that the origin of the basket goes back to post-war times with great precariousness and lack of resources, in which the wealthiest delivered a batch of food that helped some families to overcome the pothole.

6 views0 comments


bottom of page