The Council of State calls hospitals to order on the working hours of doctors

In theory, the weekly working time cannot exceed 48 hours over a period of 3 months for interns or 4 months for qualified practitioners.

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A necessary reminder. The Council of State, in a series of published decisions Wednesday June 22reminds public hospitals that they must carry out a count “reliable and objective” their doctors’ working time. Seized by three unions of doctors and interns, the highest court of the State rejected their requests aimed at obliging the government to reinforce the rules in force. A sham setback, because these decisions are accompanied by a reminder of the law for all public health establishments.

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Indeed, the existing law “necessarily implies” than hospitals “have a reliable, objective and accessible system to count (…) the daily number of hours worked by each agent”which cannot exceed 48 hours per week over a period of 3 months for interns or 4 months for qualified practitioners.

The means of precisely measuring this working time fall within the scope of “house rules” of each hospital, and not of the State, which also does not have to “institute a penalty” for employers at fault, as there are in the private sector, adds the Council of State.


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