The Supreme Court forces Domiberia, a company that manufactures tinplate packaging, to recover the Christmas lunch for workers at its Vigo plant. The company had been inviting the 350 workers that make up its workforce to a Christmas lunch for at least 3 decades, but in 2019 the firm decided to do away with it.
Faced with the company’s refusal to negotiate, the employees’ representatives went to court. After a long judicial process, the Supreme Court has now ruled in their favor, concluding that the Christmas meal is an acquired right.
At first, a Social Court in Vigo ruled in favor of the company, understanding that the invitation to the meal was a voluntary act and that it could suppress it whenever it wished, but the committee appealed and the case went to the Superior Court of Justice of Galicia, which upheld the arguments of the staff. It ruled that, although none of the collective bargaining agreements applied in the company refer to this invitation, it constitutes a tacit contractual agreement.
The conflict reached the Supreme Court, which has ruled in an order against which there is no appeal that the company is obliged to recover the food. In addition, this decision of the high court may set a precedent and extend to the Christmas basket.