Employment contract with a medical worker: procedure for registration and termination, features, sample document

Business lawyer > Labor law > Employment contract with a medical worker: sample design

Back in 2007, formalizing a GPC agreement with medical staff was considered the norm. But its obvious shortcomings - the employee is not on staff, is deprived of social guarantees, and is not obliged to obey the labor regulations in force in the organization - led to the exclusion of freelance employees from clinics, hospitals, and health care institutions.

In 2012, legislators published a new Regulation on licensing of medical activities. From now on, chief doctors, managers of medical organizations, owners of state and municipal clinics, private owners of medical organizations do not have the right to hire people with a pharmaceutical (medical) education for positions as medical personnel without signing an employment contract.

How to apply?

The presence of employment contracts is a licensing requirement for carrying out medical activities. According to the Labor Code, an agreement with an employee is signed no later than three days after the start of direct duties. The document is preceded by the following actions of the employee and employer:

a statement on behalf of the candidate, which expresses the will to work in a certain position according to the staffing table
Medical worker
an order signed by the boss, which indicates the salary, allowances and other terms of the contract
familiarization with local regulations in force at the enterprise and with the job description
the employment contract itself with a detailed description of not only the procedure for calculating incentive and compensation payments, but also the rights and obligations of the parties

Article 67 of the Labor Code of the Russian Federation strictly regulates the conclusion of an agreement with a staff employee in writing. Externally, an employment contract with a medical employee, a sample agreement, does not differ from a similar document prepared in organizations in other fields of employment. It provides the following points:

exact day the action began, place of action (city, settlement)
responsibilities of a physician
place of performance of labor functions, start date of activity
salary in numbers, additional payments for qualifications
working hours, nature of employment (number of hours per week, shift schedule, for an indefinite period, on a fixed-term contract)
duration of probation or without probationary period
links to local regulations on rules governing food intake, time for work and rest
rights and obligations of the parties
conditions of harmfulness, danger to health and compensation for connections with these factors
guarantees for employee social insurance
full details of the company and all personal data identifying the new employee (full name, date of birth, INN, SNILS, registration, passport details, actual residential address)

General requirements for drawing up an employment contract

An employment contract is a document that establishes the employment relationship between an employee and an employer. According to it, the employer undertakes to provide the employee with work in accordance with the designated labor function. In addition, the employer is responsible for:

ensuring working conditions based on the provisions of the Labor Code of the Russian Federation, as well as in accordance with regulatory legal acts, local regulations and agreements
payment of wages regularly and in full.

On the other hand, the employee is required to:

perform his duties in the interests and under the regulation of the employer
be guided in your work by the requirements of the internal labor regulations adopted in a particular medical clinic (Article 56 of the Labor Code of the Russian Federation).

You can keep records of all employees and document flow of the clinic in the convenient Clinic Online program.

Download the list of documents that must be taken into account when drawing up and concluding an employment contract with a medical professional.

Contents and features of the document

Signing the contract

Specific requirements for an agreement with medical personnel are related to the specifics of activities “for the benefit of the health of the nation.” According to the Constitution of the Russian Federation, citizens receive emergency care in any circumstances, at any time of the day. Providing medical services requires maximum concentration, patience, physical strength, communication skills, experience and knowledge.

At the same time, experienced doctors have their own benefits and privileges, for example, the right to early retirement pension. To take advantage of the benefits of the profession, it is necessary to correctly fill out the work book and correct wording in the employment contract.

Subordination

The agreement must specify the immediate supervisor of a particular staff member. The presence of signs of accountability is especially important for nursing staff.

Doctor's place of work

For medical personnel, it is important to indicate the coordinates of the area and the name of the department where the provision of medical services is carried out. For example, for an ophthalmologist or a surgeon, the office numbers are specified; for doctors, when calling an ambulance, the resuscitation vehicle and the patient’s temporary location are specified.

Nature of work

Protecting public health is often associated with enormous psychological and physical stress for doctors, regardless of category. In this regard, the norm of Article 350 of the Labor Code obliges the employer to reduce the working week of medical employees by exactly 1 hour: instead of the usual 40-hour week, a calculation of 39 hours per week is used. Recycling is not permitted.

The duration and nature of employment is described in the document signed upon hiring. Possible scenarios:

working 24 hours a week
30-36 hours per week for outpatient visits only, as well as for dentists, surgeons
36-39 hour work week

If necessary and with the consent of the employee, the employment agreement takes into account the following points:

Work of medical staff

Possibility of duty at home. Home duty is considered to be staying at home while waiting to be called to the workplace. Typically, this regime is counted as 30 minutes per hour of home duty. When an emergency call is made to the scene of an incident, a new countdown begins according to the actual time (1 hour = 1 hour). The total time taken includes travel to the patient and the time to travel back home.
Breaks for rest and meals, including “floating” lunches. Thus, for emergency medical technicians, the approximate time for a lunch break is set from 13.00 to 16.00.
Shift schedule. Working hours in a shift schedule are counted as 12 hours with a two-day daily rest.

Responsibilities and functions of doctors

Working in the field of providing medical services is a responsible area of activity. If the head physician hires a non-professional who is unable to perform the functions of a physician, then this circumstance will sooner or later have a negative impact on the image of the medical institution. Such a precedent would endanger the lives and health of patients.

The duties and functions of physicians hired on staff are to follow instructions, regulations and local regulations of the enterprise. Usually in an employment contract they are spelled out more broadly and deeper than rights. The responsibilities set forth by the employer include the following:

Functions of a doctor

Firstly, a “true” doctor must strive to improve his level of qualifications.
Secondly, the employee must treat the property of the medical and recreational institution with care.
Thirdly, observe medical ethics.
Fourthly, when managing staff, maintain a business style of communication.
Fifthly, strictly follow the instructions of management and resolve issues within the limits of your job description.
Sixth, take into account the internal regulations in force in the company.
Seventh, do not disclose medical secrets, as well as commercial secrets of private clinics.

Attention! The functions of a doctor presuppose a conscientious attitude to official duties and participation in the fate of each patient.

Job title and qualification requirements

The employee's work function and job responsibilities must be an integral part of the agreement. Ideally, the entire medical staff, in terms of level of education and practical skills, must meet the requirements of the Unified Qualification Directory of Medical Positions No. 541n.

The position name is mentioned strictly according to the staffing table. If it provides for a category (doctor of the first, second, highest category), then the employer, when hiring, checks the availability of diplomas, certificates, certificates.

Employment contract

The right to licensed medical practice, treatment of children and adults is available to a limited number of persons. Among them there must be specialists:

have received sufficient theoretical skills in vocational schools in a specific area of activity
doctors with practical experience
university graduates who have successfully completed residency or internship
fit for health reasons
with certificates of retraining

Attention! Positions such as orderly and nurse do not require educational qualifications or work experience.

Qualification requirements are listed in the employment agreement, separated by commas. In some situations, it is possible to change the main profile of education and level of training in accordance with the candidate’s documents.

Non-disclosure of medical confidentiality

Decree of the President of the Russian Federation No. 188, issued in 1997, classifies information received from patients during their treatment/examination as confidential information. The doctor does not have the right to disclose data from medical records. Therefore, the agreement with the medical employee contains clauses on not violating medical confidentiality and on responsibility for the dissemination of information protected by law.

What is considered a medical secret is determined by 323-FZ. These include:

Non-disclosure of secrets

information that became known during confidential communication with patients, including
of a non-professional nature, for example, about family composition
fact of consultation on a specific issue
citizens' diagnoses
seeking advice from a psychiatric hospital
presence of mental disorders

The ban on disclosing confidentiality is observed even after the death of the patient. If this norm is violated, administrative, criminal and disciplinary liability is imposed:

Article 81 of the Labor Code of the Russian Federation allows for final settlement with an employee in connection with a disciplinary offense of particular gravity.
According to Article 13.14 of the Code of Administrative Offenses, the transfer of information from a patient’s personal life is punishable by a fine of up to 50 minimum wages.
As punishment for disclosing confidential data to a doctor, correctional labor for up to 2 years and a ban on practicing medical services for 3 years are applied.

An employment agreement is a mandatory requirement when applying for a job in a medical institution. It has a number of basic and specific conditions. Some additional items include a special mode of operation and additional functions of medical staff. In order for medical companies to act in accordance with the laws of the Russian Federation, follow the rules for filling out employment agreements!

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What needs to be included in an employment contract

The employment contract must contain the details of the parties, as well as mandatory and additional conditions. Article 57 of the Labor Code of the Russian Federation contains a list of conditions that must be taken into account when drawing up an employment contract. Let's list them.

preamble. Includes mandatory details of the contract - date and time of conclusion. It is also necessary to indicate who signs the agreement and on the basis of what document
position according to the staffing table. If the position is not on the staffing table, the employee will not be accepted into the medical clinic.
place of work. And if an employee will work in a branch, representative office or other separate structural unit, you need to register where it is located;
labor function. We prescribe what kind of work the employee does according to the position and staffing schedule, profession, specialty, specifying qualifications. In addition, if, in accordance with the Labor Code of the Russian Federation and other federal laws, in order to perform job duties, an employee is entitled to compensation and benefits or restrictions are imposed, then the names of positions, professions or specialties and qualification requirements must correspond to:

names and requirements of qualification reference books (an arbitrary position is not allowed), approved in the manner established by the Government of the Russian Federation or
provisions of accepted professional standards.

work start date. If we are talking about a fixed-term employment contract, you need to indicate the period of its validity and the grounds for its conclusion;
conditions of remuneration, the volume of the tariff rate or salary (official salary, as well as additional payments, allowances and incentives). This is a significant point for medical personnel, since in some cases they are entitled to compensation. They can be indicated correctly only after the results of the SOUT.
work and rest time schedule. This point needs to be specified if for a particular medical employee these provisions of the employer have some peculiarities. A lunch break may not be provided if the work duration is less than four hours per day;
guarantees and compensation for work with harmful or dangerous working conditions, when such conditions accompany it;
granting leave without pay at the initiative of an employee is prohibited;
factors that determine the nature of the work (mobile, traveling, etc.);
working conditions in the workplace
employee social insurance regulations;
salary. If the employee has a salary, write down its size in full according to the staffing table. For part-time work, include a statement that payment is made in proportion to the time worked;
awards. It is enough to indicate general information about them and refer them to the local act. If the premium is fixed, it will have to be paid regularly;
days of salary payment must be recorded specifically; it is not recommended to write “salaries are paid no later than...”

Additional conditions in the employment contract

In addition to the basic conditions, additional conditions may be specified in the employment contract. The most important requirement is that additional conditions cannot worsen the employee’s position in comparison with established labor legislation and other regulatory documents.

Additional terms of the employment contract may relate to:

clarification of the place of work (we specify the structural unit and its location) and/or workplace;
probationary period and its features;
non-disclosure of secrets protected by law (state, commercial and other secrets);
the need for an employee to work for a specific period after training, if the clinic itself paid for this training. However, if training is necessary for an employee to perform his duties, this point does not need to be indicated;
types and features of additional employee insurance;
optimization of the social and living conditions of the health worker and his family;
changes in the rights and responsibilities of an employee in working conditions;
additional non-state pension provision for clinic employees.

Employment contract with the chief physician of the medical center

From October 29, 2018 the founders began to conclude employment contracts according to the new rules in accordance with the innovations in a standard form. Now we can talk about 3 important additions.

Addendum 1.

The head physician is assigned the responsibility to eliminate comments from the results of an independent assessment of the quality of the conditions for the provision of services (NOC). Now the results of the NOC and the elimination of violations are indicators of the effective work of the chief physician.

There is no single list of performance indicators. They can be formed by the founder himself, adapting them to the needs of each clinic. What indicators can be included in an employment contract:

achievement of certain standards based on the results of the NOC audit. Indicator – 5 criteria for different parameters. The evaluation period is one year.
achievement of certain standards based on the results of the implementation of the plan to eliminate deficiencies. Estimated as a percentage based on the NPL indicators for the previous year. The assessment is carried out quarterly.
Achieving annual targets in the ratio of the average salary of clinic employees and the salaries of the same employees in the subject of the Federation. The ratio of wages for doctors, mid-level and junior medical staff for the past period is analyzed. Conducted every year.
The staffing level of the clinic. The effective staffing of the necessary personnel in all structural divisions is assessed quarterly.
If the clinic operates in the compulsory medical insurance system - % of government tasks completed. It is assessed by the provision of planned medical services within the framework of state guarantee programs, quarterly.

Addendum 2.

New KPI indicators have been set. They can be tied to both personal indicators and the indicators of the entire clinic. In fact, if the head physician has not achieved the indicators that were fixed in the employment contract, he will not receive a bonus.

Drawing up an employment contract with a medical worker

In essence, an employment agreement with a medical professional consists of the details of both parties, as well as a list of mandatory and additional conditions. In accordance with Article 57 of the Labor Code of the Russian Federation, the document must contain information about the following:

about the place where the citizen will work . The document must include the full name of the medical institution. If we are talking about its structural unit, then the name of this unit should also appear;
labor function . The document must indicate the position held, as well as qualifications and a complete list of functions performed;
a specific type of work that will be entrusted to the citizen (if the list of relevant items was established for representatives of certain professions at the legislative level in the Russian Federation, it cannot be expanded at the request of the employer);
the date on which the employment contract was concluded and the reasons for which this happened . If we are talking about a fixed-term agreement, the period until which it will be valid is also indicated;
terms of payment for the employee's work . They include all incentives, bonuses and tax deductions;
working hours and rest hours;
conditions that determine the nature of work;
condition on compulsory social insurance of an employee.

Rights

A ward nurse has the right:

3.1. For all social guarantees provided for by the legislation of the Russian Federation.

3.2. To provide free special clothing, special shoes and other personal protective equipment.

3.3. Require the creation of conditions for the performance of professional duties, including the provision of the necessary equipment, inventory, a workplace that complies with sanitary and hygienic rules and regulations, etc.

3.4. Require the management of the organization to provide assistance in the performance of their professional duties and the exercise of rights.

3.5. Submit proposals for improvement of the organization and the methods of work performed by it for consideration by the management of the organization.

3.6. Get acquainted with draft decisions of the organization’s management relating to its activities.

3.7. Improve your professional qualifications.

3.8. .

General provisions

1.1. The ward nurse belongs to the category of junior medical personnel and is directly subordinate to.

1.2. A ward nurse is appointed to a position and dismissed from it by order.

1.3. A person who has a secondary (complete) general education is accepted for the position of ward nurse without presenting any work experience requirements.

1.4. A ward nurse should know:

— rules of sanitation and occupational hygiene;

— purpose of detergents and rules for handling them;

— rules for patient care;

— basics of labor legislation;

— internal labor regulations;

— rules and regulations of labor protection, safety and fire protection.