Physicians in the context of specialization often have to argue in hospitals about working conditions, when health or parenting and related entitlements conflict with planned training. The Ministry of Health published clarifications in this regard. He announces that he will amend the regulations so that they do not arouse suspicion anymore.
Both individuals and organizations (for example, the Warsaw Oil Company) tried to explain the matter, and the Ministry of Health finally got the word out on the matter by posting a message on the website.
Because of the many questions related to the formulation of provisions of Art. 16 i paragraph. 1d – 1e of the Physician and Dentist Professions Act, the Ministry of Health provided a meaningful interpretation of the provisions, which was the basis for the formulation of new rules for determining the working time of a physician subject to specialized training.
Labor Code states in Art. 178, the following rights of employees/employers’ obligations in relation to paternity, which may affect the length of employment and the possibility of medical working hours:
– § 1: “pregnant workers You can not Hiring overtime or at night. pregnant workers Not allowed without her consent A delegate outside the permanent place of work or his employment in the working time system referred to in Article 139 – “The provision contains an absolute prohibition on the employer from adopting a specific behavior towards a pregnant worker;
– § 2: “An employee who takes care of a child until he reaches the age of 4 years Not allowed without his consent Employment of additional working hours, at night, in the system of working hours referred to in Article 139, as well as delegation outside the permanent workplace.” – a provision that constitutes the right of the employee who depends solely on his will.
Taking into account the wording of the above provisions, it cannot be assumed that the legislator, in relation to a certain group of doctors – specialists – would undermine the legal rights of employees, allowing the employer to oblige employees who use parental rights to work under medical duty up to 50% of the work time. This may mean a significant limitation of the ability to use the above-mentioned powers with respect to code solutions. Such a measure should not only be considered in contravention of the spirit of the amendment to the Physicians and Dentists Professions Act, which entered into force in August 2020, but also in contravention of generally applicable legal law recognized as a higher rank, i.e. labor law. According to the approved doctrine, solutions to an employment relationship that differ from this Code may only improve the position of the employee, and in no way deprive him or limit his rights under the law.
Until the entry into force of the above-mentioned amendment, physicians undergoing specialized training, exercising the rights deriving from paternity, were obliged to compulsorily extend training by a time permitting absence from medical working hours or training periods. The amendment aimed to partially abolish this obligation, while retaining the requirement to undergo a medical duty during training.
Taking into account the above, it should be assumed that a doctor who undergoes specialized training, and exercises the rights resulting from paternity stipulated in the Labor Code, may not extend the specialist training by the time required to complete the compulsory medical duty in the total of 24 months but not more than 50% The duration of specialized training provided by the appropriate training program for a particular physician.
Example: If the specialist training lasts for two years, i.e. 24 months, the above right not to extend the specialist training for the period of exercising the rights resulting from paternity, the doctor may use up to 12 months, while if the specialist training lasts 4 years (48 months) or more The Physician may exercise his or her right not to extend the training for up to 24 months.
This does not change the fact that the doctor may exercise the rights resulting from paternity full time and the employer may not obligate him to perform a medical duty during this period, however in this case the remaining time is more than 24 months or 50% of the training period must be done after the end of the use of the above permissions.
The situation of the doctor is similar During specialized training with a medical certificate about temporary incapacity to perform certain professional activities under certain conditions for health reasons. The employer does not have the right to compel the employee to undergo a medical duty and, accordingly, to work overtime, including at night, if the employee’s lack of this ability is caused by a medical certificate. This ban will continue as long as the medical barriers confirmed by the decision remain. However, the doctor is not obligated to extend the period of specialty training to 24 months or 50% of the duration of specialized training stipulated in the training program, according to the example above.
In sum, a physician who undergoes specialized training, exercises the rights arising from paternity or has an appropriate medical certificate, may not be in service at all during the period of exercise of the rights or the validity of the certificate, and his specialist will be trained on this account only if the foregoing is used above for more than 24 months or 50% of the duration of the specialist training as in the above example respectively.
At the same time, noting the inaccuracy of the present judgment, The Ministry of Health clarifies the formulation of art. 16 i paragraph. 1d and 1e, as explained above.
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