The lawsuit requested that the company's workers be granted the right to digital disconnection and that their rest time be respected without receiving messages from either the company or their colleagues, despite receiving the availability bonus established by their collective agreement.

The company, an audiovisual production company, is dedicated to providing a large television network with the ENG (Electronic News Gathering) service, also called electronic journalism or electronic news gathering, consisting of the capture of news outside the sets with the aim of providing information to the news programs, carried out by a team generally composed of a cameraman, a sound operator and a journalist who organizes the equipment and writes the news for its subsequent edition within the news.

The II Collective Agreement of the audiovisual production industry applies to the company. According to this agreement, the company must establish the working day at least 12 hours in advance of the time at which the worker is going to be summoned to the place of appointment, except in cases of force majeure or exceptional circumstances.

In the case of the company, all workers have their working hours extended from 35 hours per week according to the Convention to 40 hours per week, due to having agreed upon the extra availability provided for in said agreement, which allows, in addition to the extension of the working day itself, for workers to agree to join their job or remain there outside of that working day, when the needs of the service so require. With this bonus it is understood that both the fact of availability itself and the greater dedication and work hours are compensated.

Between April and October 2022, the company carried out a total of 6,627 services as a result of the contract with the television network, of which a total of 59 required a time change that was communicated by the company to the workers at least 12 hours in advance in general, although sometimes those 12 hours were not reached.

For the TSJM, which ratifies the lower court ruling of the Social Court No. 5 of Madrid, if the company is authorized to call workers to carry out shift changes 12 hours before having to perform a service, this implies that sometimes it will have to do so during rest periods, and the worker must be available if they receive the availability bonus. Furthermore, the small percentage represented by those 59 services that required time changes with respect to the total of 6,627 services performed, barely 0.89%, allows the circumstances of force majeure or exceptional circumstances referred to in the collective agreement to be considered applicable. And it also prevents us from talking about a company practice susceptible to the collective conflict process of art. 153 of the Law Regulating Social Jurisdiction.