ECIJA advises CBM Servicios Audiovisuales in the judgment regarding television reporters

ECIJA has provided legal advice and assistance to the production company CB Media Servicios de Producción in a judicial proceeding that has covered both the initial instance and the appeal. The case focused on the employment relationship between the company and a worker linked to the program “Equipo de Investigación”.

In the first instance, the Social Court No. 4 of Madrid ruled that the employment relationship should be considered as an ordinary indefinite-term employment relationship. However, CB Media appealed this decision, arguing that the intermittent nature of the work justified a fixed-term contract.

The Madrid High Court of Justice has determined that the employee’s work is carried out within the framework of a program subject to periodic renewals and decisions by the television network. This situation is in accordance with the provisions of Article 13 of the State Collective Bargaining Agreement of the Audiovisual Production Industry (Technicians), which contemplates the dependence on the audience and the seasons.

The judgment concludes that the fact that the employee has been active in several periods does not necessarily imply the transformation of his contractual relationship into an ordinary indefinite-term contract, since there have been temporary interruptions in the provision of services due to the seasons of the program.

Jaime Otero, principal labor associate, has led the project.