These rights, also known as more beneficial conditions, ensure that the working conditions once granted cannot be unilaterally modified to the detriment of the worker.
In the labor context, acquired rights represent an essential pillar for the protection and stability of workers. These rights, also known as more beneficial conditions, ensure that working conditions, once granted, cannot be unilaterally modified to the detriment of the worker.
Within the labor world, workers’ acquired rights are those working conditions that the employer applies to its employees, which are more favorable than those recognized in its collective bargaining agreement, Workers’ Statute, legal provisions or labor
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 vested rights, their consolidation, and the legal avenues available for their protection or modification.
What are acquired rights?
Acquired rights in the work environment are benefits or conditions that workers have obtained during the employment relationship, either by explicit concession of the employer or by continuous and consistent practice. Examples of these may include a salary higher than the standard wage, more vacation days, reduced working hours, among others.
Consolidation of acquired rights
For a benefit to be considered a consolidated vested right, it is essential to consider the temporary repetition of the benefit, the clear will of the employer to grant it, and that it represents an improvement over the standard conditions established by contract or agreement. Case law has emphasized that there is no fixed term for vesting, but a continuity and evident improvement in the employee’s working terms is required.
Legal recognition of acquired rights
The Workers’ Statute (ET), in Article 3.1, establishes acquired rights as a mechanism to protect 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 be considered as an acquired right is that the employee has been continuously enjoying a specific right.
However, as established by case law in the Supreme Court’s ruling of July 7, 2010 or September 22, 2011, the mere persistence or repetition over time is not sufficient cause, but it is necessary that such persistent action over time determines the employer’s willingness 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
Actions of the Worker.
- Direct negotiation: First instance of conflict resolution.
- Labor Inspection: If the negotiation is unsuccessful, recourse may be taken to the Labor Inspection to denounce non compliance.
- Legal action: As a last resort, the worker may initiate a legal action for the protection of his rights.
Company revocation of rights
- Substantial modification of conditions: Requires valid justification and
prior notice. - Agreement: Rights may 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 agreement.
In the event of loss of an acquired right, what can the employee do?
In the event of a substantial modification of the working conditions that affects the
loss of acquired rights, the employee will have the option of:
- Challenge the modification in court within 20 days from 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.
For the challenge of the modification in court, as it is a special procedure, it does not require prior conciliation, so the lawsuit can be filed directly in court.
Check-list for the management of acquired rights
- Verify the existence of reiterated benefits and their recognition as acquired rights.
- Evaluate the legality of the current working conditions against the standards of the contract and the agreement.
- Consult with legal representatives before proceeding with the modification of
any vested rights. - Properly notify all parties involved of proposed or necessary changes based on the economic and legal situation of the company.
- Ensure that all modifications are made in compliance with legal requirements
and with due respect for workers’ rights.
For more information, please contact Labor consulting
If you found it interesting share it on social networks, thanks!
