What is an acquired right in the world of work? It is a more beneficial condition that a worker acquires in the company. It is a benefit that goes beyond the minimum rights include in the legislation. The collective agreement or in the employment contract.
This is a unilateral recognition by the company or an agreement with the worker himself (both express and tacit).
What is the nature of this acquird right?
It functions as any other right, that is, it is inalienable gambling data usa once it has been recognizd. Its regulation is found in article 3 of the Workers’ Statute:
1. The rights and obligations concerning the employment relationship are regulatd:
c) By the will of the parties, expressd in the employment contract, its object being lawful and in no case may conditions be establishe to the detriment of the worker that are less favorable or contrary to the legal provisions and collective agreements previously expressd.
How are acquired rights obtained?
Normally, these rights are acquired through practice can I be fired while on sick leave? or repeated granting over time. If certain requirements are met, these benefits automatically become permanent rights of the worker, and therefore must be respectd by the employer.
There is no specific time to understand that this right has been acquird. It must be taken into account in the specific case since the law does not establish a specific period for these benefits to become permanent, and it cannot be generalizd.
One of the main requirements to obtain this acquird right is: the will of the parties. Both the worker and the employer are aware of the fact and accept it without expressing disagreement.
Very important : the acquird right cannot refer to contact lists matters of public order or already regulatd by law or to cases in which the law expressly establishes the obligation to make the change through a modification of the employment contract.
These benefits that are tacit may derive from actions or regulations establishe by the employer consistently over time , generating a reasonable expectation on the part of employees that such benefits will continue to be granted in the future.