Is your company obliged to give you a Christmas basket? This is what the law says

Although today there are many companies that have stopped doing so, receive the Christmas basket The company is one of the most widespread traditions in Spain. In it, you will find products of all kinds from Iberian ham, cheese, nougat or Polvoronespassing through pâtés and picklesto reach wines and champagne. A delicacy that can help when thinking about the different menus that are prepared on these dates.

However, with this matter all kinds of questions always arise: Can a worker demand the basket if it has not been delivered previously? What does the law say about this matter? 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 require companies to distribute the Christmas basket. Within the Workers’ Statute there is no rule that establishes this obligation. This means that no company is committed to continuing this tradition. In this sense, unless there has been some precedent, it cannot be claimed as a labor right.

“When a worker has been receiving the Christmas basket for several years, this can be considered an acquired right and, therefore, the company does not have the right to suppress it,” explains the labor lawyer Miguel Benito in one of his videos. This means that it becomes part of the worker’s regular remuneration and the company cannot eliminate it without facing possible legal claims.

This is something that the Supreme Court has supported. For example, a few days ago he spoke out in the case of 1,600 workers Fujitsu Technology in Spain ensuring that they should receive the 2016 Christmas basket that the company unilaterally suppressed.

The Social room said that it supposes a “more beneficial condition” which favors workers who had been enjoying the basket “regularly, constantly and repeatedly every year” since the company began its activity. Furthermore, it explains that the fact that it could not be distributed in a specific year due to cuts does not mean that this right as such is eliminated.

It must be remembered that employees who have never received the basket cannot demand it unless expressly stated in some type of agreement, collective agreement or internal standard.