{"id":9036920,"date":"2024-06-26T07:00:57","date_gmt":"2024-06-26T07:00:57","guid":{"rendered":"https:\/\/www.gremicat.es\/?p=9036920"},"modified":"2024-06-04T15:21:11","modified_gmt":"2024-06-04T15:21:11","slug":"keys-to-acquired-rights-and-beneficial-conditions-in-the-workplace","status":"publish","type":"post","link":"https:\/\/www.gremicat.es\/en\/keys-to-acquired-rights-and-beneficial-conditions-in-the-workplace\/","title":{"rendered":"The keys to acquired rights or more beneficial conditions in the workplace."},"content":{"rendered":"\t\t
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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.\n\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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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.<\/p>

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.<\/p>

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.<\/p>

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.<\/p>

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What are acquired rights?<\/strong>
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.<\/p>

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Consolidation of acquired rights<\/strong><\/p>

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.<\/p>

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Legal recognition of acquired rights<\/strong>
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.<\/p>


One of the keys to be considered as an acquired right is that the employee has been continuously enjoying a specific right.<\/p>


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.<\/p>


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.<\/p>

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Protection of acquired rights<\/strong>
Actions of the Worker.<\/strong><\/p>