Wednesday, 27 September 2023
WorldThe TSJM rejects the right to digital disconnection if an availability bonus...

The TSJM rejects the right to digital disconnection if an availability bonus is charged

He Superior Court of Justice of Madrid (TSJM) has rejected that the workers of the digital services company CBM take advantage of the right to digital disconnection if they charge availability bonus.

In a ruling dated last July to which he has had access EFEthe social room has rejected the union’s appeal CSIF against a judgment of social court no. 5 Madrid in October 2022.

CBM, which has 16 centers of work throughout Spain with a total of 295 workerssupplied to telemadrid recording and live services, with shifts of eight or ten hours daily and nightly from 0:00 to 06:00.

All workers receive an availability bonus under the protection of the article 22 of the collective agreementand between April 4 and October 8, 2022, 6,627 services as a result of the contract with RTVM.

12 hour notice

Said services needed to alter the hours of 59 servicesat least 12 hours in advance. These changes were made by contacting the workers via the company phone or corporate email, and if they did not answer they were called on the personal phone.

In some cases the requirement was made without respecting the 12 hour periodacknowledges the room, although “it is proven that this situation has occurred in a period of six months on 59 occasions out of 6,627, that is, 0.89% of the notices”, which proves that they were exceptional cases.

The availability bonus, explains the TSJM, “as a non-consolidable salary supplement, rewards the express acceptance by the worker to carry out the workday indicated in the previous paragraph, as well as to join his job or remain in it outside of that day, when the needs of the service so require”.

With this supplement, it is understood that “both the fact of availability itself and the greater dedication and working day are paid, without the right to another perception”, for an amount equal to 25% of the base salary.

“The worker will have to do it during break times and if he charges availability he must be available”

For this reason, the TSJM assumes the criteria of the first instance ruling that stated that “if the company is empowered to be able to call workers to carry out shift changes 12 hours prior to having to perform a service, this implies that sometimes he will have to do it during break times and if the worker charges availability he must be available”.

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