Is the Christmas hamper mandatory?
There is no law requiring you to give a Christmas hamper — but it might be mandatory in your company due to a collective agreement or acquired rights. We explain when and why.
Published on July 29, 2026
When the hamper is mandatory
The Workers' Statute does not mention Christmas hampers. The obligation, when it exists, arises from two sources: either the applicable collective agreement explicitly includes it, or the company has provided it repeatedly and unconditionally over the years.
In the latter case, the courts have ruled that the hamper becomes a more favourable condition: an acquired right incorporated into the contract that the company cannot unilaterally remove. The Supreme Court has required companies to reinstate the hamper after withdrawing it following years of provision.
The practical consequence: review your collective agreement and your company's history before deciding. If you have been giving it for years, withdrawing it without agreement could lead to a collective dispute; if it's your first year, you are free to set the scope and conditions from the start.
Is the Christmas hamper an acquired right?
It can become one. When the company provides the hamper repeatedly, unconditionally, and generally over the years, the courts consider it a more favourable condition: it becomes part of the worker's rights and cannot be removed unilaterally. The Supreme Court has reiterated this doctrine in recent years, even against companies claiming the hamper was merely a gesture of goodwill.
The logic is different in the public sector: the Court of Auditors has questioned Christmas hampers paid with public funds as unjustified expenses, and several entities have withdrawn them. If your organisation is a public administration or company, check your entity's framework before assuming the custom as a right.
Can the hamper be replaced with another gift?
Yes, as long as the value and nature of the benefit remain — and this is where a choice model like Pekata's Christmas hampers fits particularly well: no one loses their hamper, each employee turns it into the gift they prefer with the same budget.
Replacing the physical hamper with the freedom to choose is usually well received by staff and eliminates the classic complaints (“the same again”, “I don't eat this”) that turn a benefit into a workplace morale issue.
Frequently asked questions
Can my agreement require me to give a Christmas hamper?
Yes. Some sectoral or company agreements explicitly include the hamper or an equivalent pay/benefit. It's the first thing you should check.
We've been giving hampers for many years, can we stop?
Not unilaterally: repeated and unconditional provision may have consolidated it as a more favourable condition. Its removal requires agreement with employee representatives or legal modification channels. Consult your labour advisor.
Does changing the physical hamper to a choice portal respect acquired rights?
If the budget per employee is maintained or improved, you are preserving the benefit and enhancing its form. Even so, communicate it well and, if there is legal representation of the staff, inform them before launching.
Is the Christmas hamper an acquired right?
It is when it has been provided repeatedly and unconditionally over the years: it becomes a more favourable condition and its unilateral removal is contestable. If it was provided occasionally or conditionally (e.g., linked to results), it does not consolidate.
Can a town council give Christmas hampers to its employees?
It's a delicate area: the Court of Auditors has criticised these hampers as unjustified public expenditure and several entities have eliminated them. In the public sector, custom does not generate the same right as in private companies; consult your entity's legal services.