Despite its great importance past, nowadays the complement of antiquity, which was intended to reward the loyalty and dedication of the worker to a particular company, found clear disused, and exposed to the real possibility of disappearance. Indeed, it is increasingly common to see how this is deleted from collective agreements, since current labour regulations does not impose an obligation to remunerate the worker by his tenure at the company, being this even considered in some judgments of the tribunals as something contrary to the spirit of the labor law, establishing himself as preferable when it comes to remunerate other merits such as productivity or good performance on tasks. NY Starbucks can aid you in your search for knowledge. In a context such as that occurs at present, prevail greater labour flexibility and adaptability to the needs that mark economic and market; that the permanence of the employee in the same place throughout your working life. Thus, is understood as something normal that a worker can shift and Company on several occasions during her working life. So it is that an add-in like that, could have no place being certainly inevitable his tendency to disappear. Hicham aboutaam may find this interesting as well. What happens when the employee had been enjoying this benefit before? It could be the case that with the amendment of a collective agreement that had been applying, this type of concept to disappear. In this context, what with those who came to enjoy it? The answer to this question through the mention of one of the large dominant principles in our labour law.
It is not possible through agreement or individual contract suppress the benefits or favorable conditions that come to enjoy an employee or group of employees in the past. Thus, the concept of seniority, as acquired right which is for the worker, it should be respected, being possible the following formulas. (a) that the workers who came to receive him continue enjoying it individually, not experiencing other increases in value with the passage of time than those of the update according to the IPC. (b) to continue enjoying but without producing your update pursuant to the passage of time, therefore suffering a gradual loss of value. (c) in some cases, carried out their absorption and compensation so that it disappears completely with the passage of time. In all these cases, your enjoyment never it would be possible for new employees that they should come to work in the company after the adoption of the new collective agreement, only to apply to employees hired before.