More favorable condition

The more favorable condition is a labor or economic advantage that the company voluntarily grants –by express or tacit will– to the workers, without being obliged to do so by law, collective agreement, or any contractual pact.

For it to be understood that the company has granted a more favorable condition, it is necessary that the enjoyment of the labor or economic advantage granted has continuity over time; that is, it should not be limited temporarily:

• If a duration is set, once this is reached, the company is legitimized to stop applying the advantage.
• However, this duration must be established expressly.

If it is proven that there was no real intention on the part of the company to grant the benefit, but rather a mistaken or improper action, the repetition of the error does not automatically transform that situation into an acquired right for the workers.

To avoid conflicts, when the company intends to grant a right on a punctual basis, it is advisable to inform beforehand of its temporary nature. In case it wants to temporarily extend a condition that had a determined duration, it can also communicate the temporary nature of the extension (and, if it occurs in several consecutive years, inform each year).

If certain labor conditions have been applied by mistake and their impact is individual, they can be unilaterally removed. However, if they were applied collectively, it is advisable to carry out a substantial modification of the working conditions.