Employment contract with a medical worker (filling sample). Employment contract with a medical worker (doctor)

Employment contract with medical worker(filling sample)

EMPLOYMENT CONTRACT

05/15/2014 N 10/14-td

Moscow

Federal government agency"Treatment and Diagnostic Center "Health" (FGU LDC "Health"), hereinafter referred to as the "Employer", represented by General Director Sergei Fedorovich Zubkov, acting on the basis of the Charter, on the one hand, and

Sidorova Olga Evgenievna, hereinafter referred to as the “Employee”, on the other hand, collectively referred to as the “Parties”, have entered into this employment agreement as follows:

1. General Provisions. Subject of the agreement

1.1. An employee is hired at the Federal State Institution "Treatment and Diagnostic Center "Zdorovye" (FGU LDC "Health") (location - Moscow), in the therapeutic department for the position of adolescent therapist.

1.2. The Employee's workplace is located in room No. 5 of the therapeutic department.

1.3. Working conditions at the Employee’s workplace in terms of the degree of harmfulness and (or) danger are optimal (class 1) (based on the results of certification of workplaces for working conditions dated August 15, 2013).

1.4. The work under this employment contract is the main one for the Employee.

1.5. This employment contract is concluded for an indefinite period.

1.6. Start date (date when the employee starts work) - 05/15/2014.

1.7. The employee is subject to a pre-employment test to verify his suitability for the assigned job. The trial period is 3 (three) months from the date of commencement of work. The probationary period is included in the validity period of this employment contract and does not interrupt or suspend its validity. The probationary period does not include periods when the Employee was actually absent from work.

The criteria for successfully passing the test are the complete, high-quality and timely performance by the Employee of the labor function provided for in this employment contract and job description, orders (instructions) of the Employer, orders of the immediate supervisor, local regulations and work requirements in force in the organization, labor discipline, labor protection and safety regulations.

During the probationary period, the employment contract may be terminated at the initiative of either Party with a warning to the other Party three days before termination of the employment contract.

If the employment relationship is terminated at the initiative of the Employer, then in the notice of termination of the employment contract he is obliged to indicate the reasons why the results of the Employee’s test were considered unsatisfactory.

2. Rights and obligations of the Employee

2.1. The employee has the right to:

2.1.1. Change and termination of an employment contract in the manner and on the terms established by the Labor Code of the Russian Federation, others federal laws.

2.1.2. Providing work stipulated by this employment contract, as well as a workplace that meets state regulatory labor protection requirements.

2.1.3. Complete reliable information about working conditions and labor protection requirements in the workplace.

2.1.4. Providing the workplace with equipment, tools, technical documentation and other means necessary for the performance of work duties.

2.1.5. Timely and full payment of wages in accordance with your qualifications, complexity of work, quantity and quality of work performed.

2.1.6. Rest, that is, compliance with daily working hours, provision of breaks for rest and meals, weekly days off, paid annual leave in accordance with this employment contract and the labor legislation of the Russian Federation.

2.1.7. Mandatory state social insurance in the manner and under the conditions established by the current legislation of the Russian Federation for the period of validity of this employment contract.

2.1.8. Protection of your professional honor and dignity.

2.1.9. Professional training, retraining and advanced training in accordance with the training and advanced training plan in force with the Employer, under the terms of the apprenticeship agreement concluded between the Parties.

2.1.10. Obtaining qualification categories in accordance with the achieved level of theoretical and practical training.

2.1.11. Insurance professional error, due to which harm or damage to the health of a citizen is caused, not related to the careless or negligent performance of his professional duties.

2.1.12. Creation on a voluntary basis of professional associations and other public associations to protect the rights of medical workers, develop medical practice, promote scientific research, and resolve other issues related to the professional activities of medical workers.

2.1.13. Use in healthcare practice methods of prevention, diagnosis, treatment, medical technology, medicines, immunobiological preparations and disinfectants permitted for use in the manner prescribed by law.

2.1.14. With the consent of the citizen (his legal representative) transfer information constituting medical confidentiality to other citizens (officials) in the interests of examination and treatment of the patient, for carrying out scientific research, publications in scientific literature, use of this information in the educational process and for other purposes.

2.1.5. The employee also has other rights provided for by the labor legislation of the Russian Federation, the Internal Labor Regulations and other local regulations.

2.2. The employee is obliged:

2.2.1. Conscientiously perform the labor function of the position of adolescent therapist, enshrined in the job description (Appendix No. 1), which is integral part this employment contract.

2.2.2. When performing a labor function, act in accordance with the legislation of the Russian Federation, Internal Labor Regulations, other local regulations, and the terms of this employment contract.

2.2.3. Comply with internal labor regulations and other local regulations, including orders (instructions) of the Employer, instructions, rules, etc.

2.2.4. Not to disclose confidential (commercial, technical, personal) information that became known to him in the course of performing his work function.

2.2.5. Comply with labor protection and safety requirements, fire safety and industrial sanitation. If a situation arises that poses a threat to the life and health of people, or the safety of property, immediately report the incident to the Employer or immediate supervisor. If there is no threat to the life and health of the Employee, take measures to eliminate the causes and conditions that impede the normal performance of work.

2.2.6. Do not allow the disclosure of information constituting a medical secret, except in cases established by law (information about the fact of seeking medical help, the state of health of a citizen, the diagnosis of his disease and other information obtained during his examination and treatment constitute a medical secret. The citizen must be confirmed with a guarantee confidentiality of the information transmitted to them).

2.2.7. Treat with care the property of the Employer (including the property of third parties located at the employer, if the employer is responsible for the safety of this property) and other employees and, if necessary, take measures to prevent damage to property.

2.2.8. Comply with the procedure established by the Employer for storing documents, material and monetary assets.

2.2.9. Provide the Employer, within three working days, with a document confirming the successful completion of training (diploma, certificate, etc.), if it was carried out at the expense of the Employer. Work for two years after completion of training in the acquired specialty, if the Employee’s training was carried out at the expense of the Employer. In the event of dismissal before the expiration of a two-year period after completion of training, the Employee is obliged to reimburse the costs incurred by the Employer for his training, in proportion to the time actually not worked after training.

2.2.10. Perform other duties not provided for in this employment contract, but arising from the essence and purpose of the activities of the structural unit in order to achieve maximum effect.

2.3. Failure to include in the employment contract any of the rights and (or) obligations of the employee established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, cannot be considered as a refusal to exercise these rights or fulfill these obligations.

3. Rights and obligations of the Employer

3.1. The employer has the right:

3.1.1. Change and terminate the employment contract with the Employee in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws.

3.1.2. Require the Employee to perform his labor duties and careful attitude to the property of the Employer and other employees, compliance with internal labor regulations and other local regulations, labor discipline, safety regulations, industrial sanitation and fire protection.

3.1.3. Encourage an employee for conscientious, effective work by paying bonuses and remuneration in the manner and on the terms established by the Regulations on Bonuses and other local regulations of the Employer.

3.1.4. Carry out voluntary health insurance The employee in the manner and in the amounts determined by the orders (instructions) of the Employer and (or) the Policy on social benefits for employees, approved by the relevant management bodies of the Employer.

3.1.5. Monitor the Employee’s performance of his job duties, his compliance with labor discipline, safety regulations, industrial sanitation and fire protection, internal labor regulations and other local regulations.

3.1.6. Involve the Employee in disciplinary and financial liability for failure to perform or poor quality performance by the Employee of his labor duties in the manner established by the Labor Code of the Russian Federation and other federal laws.

3.1.7. Other rights provided for by the labor legislation of the Russian Federation, Internal Labor Regulations and other local regulations.

3.2. The employer is obliged:

3.2.1. Comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of agreements and this employment contract.

3.2.2. Provide the Employee with work in accordance with the terms of this employment contract.

3.2.3. Ensure safe working conditions in accordance with labor protection requirements.

3.2.4. Provide the Employee with appropriately equipped workplace, provide him with equipment, tools, technical documentation and other means necessary for the performance of his labor duties.

3.2.5. Keep records of working hours actually worked by the Employee.

3.2.6. Provide the Employee with timely and full payment of wages in accordance with his qualifications, complexity of work and quality of work performed.

3.2.7. Introduce the Employee, upon signature, to the adopted local regulations directly related to his labor activity.

3.2.8. Carry out compulsory social insurance of the Employee in the manner established by the current legislation of the Russian Federation.

3.2.9. Compensate for harm caused to the Employee in connection with the performance of his labor duties, as well as compensate for moral damage in the manner and under the conditions established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation.

3.2.10. Maintain a work record book for the Employee in accordance with the law Russian Federation.

3.2.11. Perform other duties provided for by labor legislation, including legislation on special assessment of working conditions, and other regulatory legal acts containing labor law standards, agreements, local regulations and this employment contract.

4. Work time and rest time

4.1. The employee is given a reduced working time - 39 hours per week.

4.2. The employee has the following working hours:

Five-day work week with two days off (Saturday and Sunday);

Working hours from Monday to Thursday - 8 hours, on Friday - 7 hours;

Start of work - 09.00, end of work from Monday to Thursday - 18.00, Friday - 17.00;

Break for rest and food - 1 hour from 13.00 to 14.00.

4.2.1. The Employer has the right to engage the Employee to work on weekends and non-working holidays, as well as overtime work in the manner and under the conditions established by labor legislation.

4.3. The employee is granted the following annual leave:

Basic paid leave lasting 28 calendar days;

Additional paid leave of 12 calendar days.

4.3.1. The right to use vacation for the first year of work arises for the Employee after six months of his continuous operation at of this Employer. By agreement of the parties, as well as in cases established by law, the Employee may be granted paid leave before the expiration of six months.

4.4. By family circumstances and other valid reasons, at the Employee’s request, the Employer may grant leave without pay.

4.4.1. In cases provided for by law, the Employer is obliged to provide the Employee with leave without pay.

5. Terms of payment

5.1. The Employee’s salary in accordance with the Employer’s current remuneration system consists of the official salary.

5.2. For performing a job function, the Employee is given a salary of 6,000 (six thousand) rubles per month.

5.2.1. In addition to the employee's official salary, an increasing coefficient for his salary, compensation and incentive payments are established. The amount and procedure for making such payments are set out in the Regulations on Remuneration (approved by Order No. 2 of January 13, 2012).

5.3. Wages are paid to the Employee at least every half month (on the 20th of the current month - for the first half of the month and on the 5th of the month following the month worked - the final payment for the month worked). If the payment day coincides with a weekend or non-working holiday, wages are paid on the eve of this day. Payment for vacation is made no later than three days before it starts.

5.4. Payment of wages is made in the currency of the Russian Federation in non-cash form by transferring it to the Employee’s bank account specified by him for this purpose. The application with bank account details is submitted by the Employee to the Employer’s accounting department.

5.5. The Employer transfers taxes from the Employee’s salary in the amounts and manner provided for by the current legislation of the Russian Federation.

6. Guarantees and compensation

6.1. The Employee is fully covered by the benefits and guarantees established by law and local regulations.

6.2. Damage caused to the Employee by injury or other damage to health associated with the performance of his work duties is subject to compensation in accordance with the labor legislation of the Russian Federation.

6.3. In the event of the death of employees of the state and municipal healthcare systems while performing their job duties or professional duties while providing medical care or conducting scientific research, the families of the deceased are paid a one-time cash benefit in the amount of 120 monthly official salaries.

7. Responsibility of the Parties

7.1. The parties are responsible for failure to fulfill or improper fulfillment of their duties and obligations established by law, Internal Labor Regulations, other local regulations of the Employer and this employment contract.

7.2. For failure or improper performance by the Employee through his fault of the labor duties assigned to him, including disclosure of medical confidentiality, disciplinary sanctions may be applied to the Employee, provided for in Art. 192 Labor Code of the Russian Federation.

7.3. The parties may be held liable for material and other types of legal liability in cases and in the manner provided for by the Labor Code of the Russian Federation and other federal laws.

7.3.1. The employer bears financial and other liability in accordance with the current legislation of the Russian Federation in the following cases:

Illegally depriving the Employee of the opportunity to work;

Causing damage to the Employee's property;

Delays in payment of wages to the Employee;

Causing moral harm to the Employee;

Other cases provided for by the legislation of the Russian Federation.

7.3.2. The Employee is financially liable both for direct actual damage directly caused by him to the Employer, and for damage incurred by the Employer as a result of compensation for damage to third parties.

8. Change and termination of the employment contract

8.1. Changes to the terms of the employment contract determined by the parties are permitted only by agreement of the Parties, which is formalized by an additional agreement, which is an integral part of this employment contract.

8.1.1. Changes and additions to the terms of this employment contract can be made by agreement of the Parties when changing the legislation of the Russian Federation, the collective agreement, local regulations of the Employer, as well as in other cases provided for by the Labor Code of the Russian Federation.

8.2. This employment contract can be terminated only on the grounds provided for by the Labor Code of the Russian Federation and other federal laws.

8.2.1. Guarantees and compensation related to termination of an employment contract are provided to the Employee in accordance with the norms of the Labor Code of the Russian Federation and other federal laws.

9. Final provisions

9.1. A dispute or disagreement between the Parties that arose during the fulfillment of the terms of this agreement shall be resolved through direct negotiations between the Employee and the Employer.

9.1.1. If an agreement between the Parties has not been reached, then the dispute must be resolved in the manner established by the legislation of the Russian Federation.

9.2. In all other respects that are not provided for in this employment contract, the Parties are guided by the legislation of the Russian Federation.

9.3. The terms of this agreement are not subject to disclosure or publication in the press.

9.4. This agreement has been drawn up in two copies having equal legal force, one of which is kept by the Employer and the other by the Employee.

Before signing this employment contract, the Employee is familiar with the following local regulations:

Local regulations Signature of the Employee Date of review

Internal labor regulations (approved by Order dated November 23, 2011 N 40)

Sidorova 05/15/2014

Regulations on the protection of personal data of employees (approved by Order No. 18 of October 19, 2011)

Sidorova 05/15/2014

Job description of an adolescent therapist (approved by Order of November 10, 2011 N 37)

Sidorova 05/15/2014

Regulations on remuneration (approved by Order dated January 13, 2012 N 2)

Sidorova 05/15/2014

Employer: Employee: Federal State Institution Sidorova Olga Evgenievna "Treatment and Diagnostic Center "Health" (FGU LDC "Health") Passport: 0022 N 445566 Address (location): Issued 08/18/2009 111222, Moscow, Pirogova St., building 1. Department of the Federal Migration Service of Russia according to TIN 1103691111 of the Moscow region in the Khimki district Division code: 001-002 Place of residence: Moscow region, Khimki, Marshala Zhukov St., 5. General Director Zubkov S.F. Zubkov Sidorova O E. Sidorova 05/15/2014 05/15/2014

Limited Liability Company "Beta"
LLC "Beta"

EMPLOYMENT CONTRACT

03.10.2016 № 60/2016

Moscow

Limited Liability Company "Beta", hereinafter referred to as the "Employer", represented byGeneral Director Petrov Alexander Ivanovich, acting his based Charter, on the one hand, andIvanova Marina Evgenevna, we call and Ihereinafter the “Employee”, on the other hand, hereinafter collectively referred to as the “Parties”, have entered into this employment agreement (hereinafter referred to as the Agreement) as follows:

1. THE SUBJECT OF THE AGREEMENT. GENERAL PROVISIONS

1.1. The Employer instructs, and the Employee assumes, the performance of labor duties according togeneral practitioner positionstherapeutic department.
1.2. This Agreement governs labor and directly related relations between the Employee and the Employer.
1.3. Work under this Agreement is for the Employeebasic.
1.4. The Employee's place of work isLLC "Beta".
!} 1.5. In order to verify the suitability of the position held, the Employee is subject to a three-month trial.
1.6. The period of temporary disability of the Employee and other periods when he was actually absent from work are not included in the probationary period.
1.7. During the trial period, this Agreement may be terminated at the initiative of either Party with a warning to the other Party three days before the termination of this Agreement.
1.8. Working conditions at the Employee’s workplace –acceptable (class 2).

2. DURATION OF THE AGREEMENT

2.1. The employee undertakes to begin performing his work duties with3 октября 2016 г.!}
2.2. This Agreement was concluded onindefinite term.

3. CONDITIONS OF PAYMENT FOR THE EMPLOYEE

3.1. For the performance of labor duties provided for in this Agreement, the Employee is paid a salary that includes:
3.1.1. Official salaryin the amount of 40,000 (Forty thousand) rubles per month.
Compensation payments(additional payments for work on weekends and holidays, overtime work), which are accrued and paid to the Employee in the manner and under the conditions established by the Regulations on the remuneration of employees.
3.1.3. Incentive payments (quarterly, annual and one-time bonuses), which are accrued and paid to the Employee in the manner and under the conditions established by the Regulations on bonus payments to employees."> 3.1.2. Compensation payments (additional payments for work on weekends and holidays, overtime work), which are accrued and paid to the Employee in the manner and under the conditions established by the Regulations on the remuneration of employees.
3.1.3. Incentive payments (quarterly, annual and one-time bonuses), which are accrued and paid to the Employee in the manner and under the conditions established by the Regulations on bonus payments to employees.
3.2. Salary is paid to the Employee within the following terms: for the first half of the month (advance) –20th of the current month, for the second half of the month –5th of next month.
The advance is paid taking into account the actual time worked, but not less1000 (One thousand) rubles.
The Employee's salary is paid by issuing cash dstv in k Employer's assessment. At the request of the Employee, it is allowed to pay wages in non-cash form by transferring it to the bank account specified by the Employee.
3.3. Deductions may be made from the Employee's salary in cases provided for by the legislation of the Russian Federation.

4. LABOR FUNCTION OF AN EMPLOYEE

4.1. The worker performs!} the following job responsibilities:
– provides qualified medical care in its specialty using modern methods of prevention, diagnosis, treatment and rehabilitation;
– develops a plan for examining the patient, specifies the scope and methods of examining the patient in order to obtain the necessary diagnostic information, applies objective methods of examining the patient;
– identifies general and specific signs of the disease;
– performs a list of works and services for diagnosing the disease, assessing the patient’s condition and clinical situation in accordance with the standard of medical care;
– determines indications for hospitalization and organizes it;
– conducts differential diagnostics. Based on clinical observations and examinations, medical history, data from clinical, laboratory and instrumental studies, establishes (confirms) the diagnosis. Justifies the clinical diagnosis, plan and tactics of patient management;
– determines the degree of disturbance of homeostasis and carries out all measures to normalize it;
– performs a list of works and services for the treatment of a disease, condition, clinical situation in accordance with the standard of medical care;
– identifies risk factors for the development of chronic non-communicable diseases;
– carries out primary prevention in high-risk groups;
– conducts an examination of temporary disability, refers patients with signs of permanent disability for examination for a medical and social examination;
– carries out the necessary anti-epidemic measures when an infectious disease is detected;
– conducts medical examinations of healthy and sick people;
– draws up and sends an emergency notification to the Rospotrebnadzor institution when an infectious or occupational disease is detected;
– plans his work and analyzes his performance indicators;
– ensures timely and high-quality execution of medical and other documentation in accordance with established rules;
- other labor responsibilities provided for by Job Description No.107-DI from 02.11.2011 .

5. WORKING AND REST TIME

5.1. The employee is given a working week offive days With twoon weekends -Saturday and Sunday.
5.2. The Employee's daily work hours are7.8 hours.
5.3. The Employee's weekly work hours are39 (thirty nine) hours.
5.4. Getting started - in9.00 hours, work ends at17.48 !} hours.
5.5. The employee is given a break for rest and food for a duration ofone hour, With 12.00 hours before 13.00 hours. The break is not included in working hours and is used by the Employee at his own discretion.
5.6. By providing the employeeYuThere is an annual basic paid leave of28 (twenty eight)calendar daysChernobyl disaster, lasting 14 (fourteen) calendar days"> and annual additional paid leave due to the fact that he suffered an illness associated with radiation exposure due to the Chernobyl disaster, lasting 14 (fourteen) calendar days.
Annual paid leave is provided to the Employee simultaneously with leave for his main job. If the Employee at a part-time job has not worked for six months, then the leave is granted to him in advance. If the duration of the Employee’s annual paid leave at the main place of work is more than 28 calendar days, then the Employer provides the Employee with leave without pay for the corresponding duration.
5.7. For family reasons standings and other valid reasons, the Employee, based on his written application, may be granted leave without pay. The duration of this vacation is determined by agreement of the Parties.
5.8. An employee may be required to work on weekends and non-working holidays, and to work overtime in cases and in the manner provided for by the current labor legislation of the Russian Federation.

6. RIGHTS AND OBLIGATIONS OF AN EMPLOYEE

6.1. The employee has the right:
6.1.1. To provide him with work stipulated by this Agreement.
6.1.2. Timely and full payment of wages in accordance with your qualifications, complexity of work, quantity and quality of work performed.
6.1.3. Rest, including paid annual leave, weekly days off, non-working holidays.
6.1.4. Compulsory social insurance in cases provided for by federal laws.
6.1.5. The employee has other rights established by the current legislation of the Russian Federation and other regulatory legal acts containing labor law norms, and local regulations of the Employer.

6.2. The employee is obliged:
6.2.1. Conscientiously fulfill his labor duties assigned to him by the Agreement, d official instructions, other local regulations of the Employer, with which he was familiarized with his signature.
6.2.2. Conscientiously and timely execute orders, instructions, instructions, assignmentsGeneral Director of Beta LLC, comply with established labor standards, comply with the internal labor regulations adopted by the Employer, with which he was familiarized with his signature.
6.2.3. Maintain labor discipline.
6.2.4. Treat with care the property of the Employer (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property) and other employees.
6.2.5. Use the equipment, tools, documents, and materials assigned to him for work correctly and for the intended purpose.
6.2.6. Comply with the requirements for labor protection and occupational safety, occupational safety, industrial sanitation, fire safety, with which he was familiarized with his signature.
6.2.7. Report immediatelyGeneral Director of Beta LLCand to his immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer’s property (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property).
6.2.8. The list of other labor responsibilities of the Employee is determined by the currentlegislation, job descriptions, as well as local regulations of the Employer, with which the Employee was familiarized with his signature.

7. RIGHTS AND OBLIGATIONS OF AN EMPLOYER

7.1. The employer has the right:
7.1.1. Encourage the Employee for conscientious and effective work.
7.1.2. Require the Employee to fulfill the job duties specified in this Agreement, the job description, to take care of the property of the Employer (including the property of third parties owned by the Employer, if the Employer is responsible for the safety of this property) and other employees, to comply with the provisions of the current from the Employer of local regulations, with which the Employee was familiarized with signature.
7.1.3. Bring the Employee to disciplinary and financial liability in the manner and under the conditions provided for by the current legislation of the Russian Federation.
7.1.4. Adopt local regulations in accordance with the procedure established by law.
7.1.5. Exercise other rights provided for by the current legislation of the Russian Federation, other regulatory legal acts containing labor law norms, and local regulations of the Employer.

7.2. The employer is obliged:
7.2.1. Comply with the legislation of the Russian Federation, local regulations of the Employer, and the terms of this Agreement.
7.2.2. Provide the Employee with work stipulated by this Agreement.
7.2.3. Provide the Employee with a workplace, equipment, tools, documentation, reference and information materials and other means necessary for the proper performance of his job duties.
7.2.4. Ensure the safety of the Employee’s work and working conditions that comply with state regulatory labor protection requirements.
7.2.5. Timely and in full pay the salary due to the Employee within the time limits established by the Internal Labor Regulations and this Agreement.
7.2.6. Process the Employee’s personal data and ensure their protection in accordance with the legislation of the Russian Federation and local regulations of the Employer.
7.2.7. Introduce the Employee, against signature, to the adopted local regulations directly related to his work activity.
7.2.8. Provide for the Employee’s everyday needs related to the performance of his job duties.
7.2.9. Insure the Employee under compulsory social insurance in the manner established by the federal laws of the Russian Federation.
7.2.10. Perform other duties provided for by labor legislation and other regulatory legal acts containing labor law standards, local regulations, agreements and this Agreement.

8. EMPLOYEE SOCIAL INSURANCE

8.1. The employee is subject to compulsory social insurance (compulsory pension insurance, compulsory medical insurance, compulsory social insurance against industrial accidents and occupational diseases) in the manner and under the conditions provided for by the current legislation of the Russian Federation.
8.2. An employee has the right to additional insurance (voluntary medical insurance) under the conditions and in the manner established by the Regulations on the social package of employees.

9. WARRANTY AND COMPENSATION

9.1. For the period of validity of this Agreement, the Employee is subject to guarantees and compensations provided for by the labor legislation of the Russian Federation, local regulations of the Employer and agreements of the Parties.

10. RESPONSIBILITY OF THE PARTIES

10.1. In case of failure or improper performance by the Employee of his labor duties without good reason, violation of labor legislation, the provisions of the local regulations in force at the Employer, with which the Employee was familiarized with signature, as well as damage to the Employer material damage The employee bears disciplinary, financial and other liability in accordance with the current legislation of the Russian Federation.
10.2. The employee bears disciplinary, and in cases provided for by law, other responsibility for the quality of the pre-trip medical examination and the issuance of a conclusion on the driver’s permission to drive a vehicle.
10 .3 . The Employee is financially liable both for direct actual damage directly caused by him to the Employer, and for damage incurred by the Employer as a result of compensation for damage to third parties caused through the fault of the Employee.
10 .4 . The employer bears financial and other liability in accordance with the current legislation of the Russian Federation.

11. TERMINATION OF AN EMPLOYMENT CONTRACT

11.1. The grounds for termination of this Agreement are:
11.1.1. Agreement of the Parties.
11.1.2. Termination of this Agreement at the initiative of the Employee. In this case, the Employee is obliged to notify the Employer about this in writing. later than two weeks before the expected date of termination of this Agreement. The specified period begins the next day after the Employer receives the Employee’s resignation letter.
11.1.3. Termination of this Agreement at the initiative of the Employer (in cases and in the manner provided for by the current labor legislation of the Russian Federation).
11.1.4. Other grounds provided for by the labor legislation of the Russian Federation.
11.2. The day of dismissal of the Employee is the last day of his work, except for cases provided for by law.

12. FINAL PROVISIONS

12.1. This Agreement comes into force onthe moment of its signing by both Parties.
All changes and additions to this Agreement are formalized by bilateral written agreements of the Parties.
12.2. This Agreement is drawn up in two copies having equal legal force, one of which is kept by the Employer and the other by the Employee.
12.3. If a dispute arises between the Parties, it shall be resolved through direct negotiations between the Employer and the Employee. If the dispute between the Parties is not resolved through negotiations, it will be resolved in the manner established by the current labor legislation of the Russian Federation.
12.4. In all other respects that are not provided for in this Agreement, the Parties are guided by the labor legislation of the Russian Federation and other regulatory legal acts containing labor law norms, as well as local regulations of the Employer.

Before signing this Agreement, the Employee is familiarized with the following local regulations of the Employer:

Name and details of the local regulatory act	Date of review	Employee's signature
Internal labor regulations No. 1 dated 02/01/2008	03.10.2016
Job description No. 107-DI dated 02.11.2011	03.10.2016

"Personnel officer. Personnel records management", 2011, N N 3, 4

EMPLOYMENT CONTRACTS WITH MEDICAL WORKERS

To date, significant changes have occurred in labor legislation. New forms of organization and remuneration have been introduced, and the powers of enterprises and institutions in the field of wage regulation have been expanded. The article talks about the difficulties of drawing up an employment contract with medical workers.

Let us turn to the main features of the legal regulation of the work of medical workers that exist today.

Rules for hiring medical workers

When concluding an employment contract between a medical institution and a medical worker, it must reflect the mandatory information and conditions of the employment contract listed in Art. 57 Labor Code of the Russian Federation.

When concluding an employment contract, a medical worker is obliged to present the following documents to the employer (Article 65 of the Labor Code of the Russian Federation):

Passport or other identification document;

Work book;

Insurance certificate of state pension insurance;

Military registration documents - for those liable for military service and persons subject to conscription for military service;

Diploma of higher medical education, specialist certificate, documents confirming the assignment of a qualification category.

A number of specific features of an employment contract with medical workers are associated with its content, which consists of mandatory and additional conditions.

One of the mandatory conditions of an employment contract with medical workers, without which it cannot be concluded, must be the place of work, which is characterized not only by an indication of the institution (employer) located in a certain area with which the employee enters into an employment contract, but also by the unit located in one or another area as the employer; profile of the structural unit; "workplace" because it is a place for different categories medical workers has its differences.

So, for example, the workplace of doctors of narrow specialties (surgeons, neurologists, otolaryngologists, ophthalmologists, etc.) of outpatient clinics is, as a rule, offices in the relevant departments, and for doctors and other medical workers of emergency medical care institutions - an ambulance and location of the patient - apartment, accident site, etc., which has great importance when deciding on the transfer or relocation of a medical worker.

It is necessary to specify the structural unit of the medical institution, since such specification in the contract is often associated with the performance of a labor function and changes in working conditions (for example, in the length of the working day, duration of vacation).

And one more feature - the titles of medical workers’ positions can only be as established by the state with special qualification requirements. In a word, the positions of a health worker cannot be named arbitrarily.

For example, any organization can call its positions anything, but if it obtains a license for medical activities and hires medical personnel, then the names of their positions, qualification characteristics this medical staff may be subject to strict requirements established by the state. This, in particular, ensures early entitlement to pension provision. Thus, medical workers have the right to early retirement, regardless of age, after working the number of years established by law - 30 and 25 years of experience in a medical specialty, depending on the area in which they worked: urban or rural. If the position of a medical worker was named differently and the qualification characteristics were different, then he will not receive the right to early retirement and, moreover, generally loses the status of a medical worker.

The Nomenclature itself, i.e. the names of positions, is determined by Order of the Ministry of Health and Social Development of Russia dated 04/23/2009 N 210n, and the Qualification requirements for this Nomenclature are established by Order of the Ministry of Health and Social Development of Russia dated 07/07/2009 N 415n.

In contrast to the general rule, when determining the type of activity of a doctor, it is clearly not enough to indicate only his position (resident, head of department, chief physician, etc.). It is also necessary to emphasize his narrow specialty (therapist, radiologist, ophthalmologist, surgeon, etc.).

An agreement is considered reached only if there is agreement on these two characteristics that characterize the doctor’s functions.

For most doctors, reaching an agreement on admission to work in a specific medical institution in a certain specialty also means that they will have additional responsibilities. So, for example, in addition to his main job, a hospital resident must perform two shifts at the expense of his monthly working hours without additional pay; maternity hospital resident - four; clinic doctor - one duty. In the same way, a doctor who goes to work in a clinic is obliged, in addition to medical work, to conduct sanitary education and other preventive work. The very fact of indicating the position of a medical worker determines the range of his responsibilities, including additional ones. Therefore, the employment function agreement may not contain an indication that the health care worker will perform various additional duties.

In addition to the above-mentioned conditions of employment, most medical workers are also subject to such a requirement as mandatory medical examinations.

Changing the terms of the employment contract, transfers, movements

and suspension from work

Transfers of medical workers from one job to another are carried out in compliance with general rules established by labor legislation. In all cases, transfers to another permanent job are permitted only with the consent of the employee.

In order to distinguish a transfer to another job from a transfer to another workplace, it is necessary to determine in each specific case whether another job is taking place.

Relocating a healthcare worker from work

in one specialty to work in another specialty

In healthcare, a fairly detailed differentiation of medical specialties has been established; there are a large number of their names and names of medical positions. Moreover, each medical position is characterized by at least two components: an indication of the profession “doctor” and a medical specialty, for example, general practitioner. Thus, a doctor with a specialty in “Therapy” is allowed to occupy such positions as a local general practitioner, a teenage general practitioner, a local general practitioner at a workshop medical station, a health center doctor, and a ship’s doctor.

The main component of these medical positions that characterizes their work function is their main medical specialty - therapy, and although it remains unchanged in these positions, any change in position within the main specialty is a transfer, since the titles of these positions also include other components, such as : district, adolescent and others, which to a certain extent distinguish the work function of these therapists.

If a general practitioner is released from one of these positions and appointed to another, it should be considered that there is a transfer to another permanent job, since this is associated with a change in the nature and content of his work responsibilities and, as a rule, working conditions.

Changing a structural unit according to your profile

Based on the content of Art. 72 of the Labor Code of the Russian Federation it follows that a change in a structural unit according to its profile is a transfer to another permanent job if it was specified in the employment contract. However, for medical workers, a change in the structural unit according to the profile, regardless of whether it was indicated in the employment contract or not, requires the written consent of the employee, since in one case this is a transfer to another permanent job if it was indicated in the employment contract, and in another - a change in the terms of the employment contract determined by the parties, if it was not specified.

Changing the scope of work

For example, a dentist works for full time, but due to a reduction in volume, he is entrusted with the same work, but part-time.

Moving between institutions

Movement from one medical institution to another, although part of the same system, or from one locality to another, even together with a medical institution.

Transfer from medical work

The transfer of a medical worker from medical work to a job that corresponds to his experience and qualifications, but is not related to the treatment of patients, can take place, for example, when appointing the head of a department, in which, in addition to performing the duties of managing the department, he performs the work of a doctor in the amount of 50% in within the limits of his working day (work shift), to the same position in the department, where he must perform only managerial duties, and vice versa.

Certain features have certain features when transferring medical workers to another permanent job due to health conditions, as well as in cases of their release due to a reduction in numbers or staff, or the liquidation of institutions. Probably, in such cases, first of all, it is necessary to determine what kind of work and for what positions and specialties they are capable of performing, and offer them to undergo retraining in another specialty to which they are entitled in accordance with paragraph 6 of Art. 63 Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens dated July 22, 1993 N 5487-1 (as amended on September 28, 2010, hereinafter referred to as the Fundamentals). And only after completing it are they transferred, with their consent, to the positions for which they received retraining.

Regardless of the employee’s consent, only a temporary transfer is possible due to operational necessity, in case of downtime or as a disciplinary sanction.

In situations where urgent medical care is required, and sometimes simultaneously a large number victims, temporary transfers of medical workers, allowed both with a change in their job function and without a change (both with the consent of the employee and without it), should be allowed only within the limits of their professions. In these cases, for the vast majority of doctors and other health care workers, this may most often be another job outside their specialty, but, as a rule, within the framework of the health care profession. For example: during the period of effective fight against acute infectious diseases, the administration of medical institutions entrusts the work of the local doctor to other specialists (for example, a physiotherapist). In these cases, the transfer of doctors and nurses in clinics is not always formalized by order, and meanwhile the administration is given the right to make temporary changes to the staffing table, introducing additional positions of district doctors and nurses, and temporarily transfer specialists of other profiles to them. The issue is resolved in a similar way in hospitals.

Temporary transfer in case of downtime, as a rule, is not used in healthcare institutions due to the nature of the work of medical workers. However, downtime may occur, for example, due to equipment failure. In this case, the doctor temporarily performs other duties corresponding to his specialty.

Transfer in relation to medical workers occurs only when it is carried out to another structural unit, the same in profile as the unit in which the employee worked before the transfer. The fact is that many conditions defined by the employment contract depend on the profile of the structural unit, and when the structural unit changes in profile, these conditions change, and their change, accordingly, already requires the consent of the employee.

Dismissal

Dismissal of medical workers, as well as transfers, are carried out in compliance with general rules, i.e. in cases and in the manner prescribed by law.

Increased requirements for medical workers, i.e. the need to have special education, determines the presence of some specifics in issues related to dismissal. The current labor legislation does not allow, as a rule, the dismissal of employees due to the lack of special education, provided that he copes with the responsibilities assigned to him. The issue is resolved differently in relation to medical workers. To occupy medical positions, special medical education is mandatory. Enrolling persons without appropriate education into these positions is a gross violation of the law, and, therefore, these persons are subject to dismissal.

Some authors propose to legislate dismissal for a single improper performance of work duties by medical staff, which caused or could cause serious consequences for the patient’s health. The estimated concept of the severity of consequences for the patient’s health should be based on the conclusion of a commission of specialists.

It is important to keep in mind that when an employer decides to terminate an employment contract with a medical worker in the event of an inability to perform professional duties for health reasons, as well as in cases of dismissal of workers due to reduction in numbers or staff, liquidation of enterprises, institutions and organizations, these workers have the right to retraining in accordance with paragraph 6 of Art. 63 Basics

Therefore, termination of an employment contract with a medical worker under clause 8 of Part 1 of Art. 77 of the Labor Code of the Russian Federation and according to paragraphs 1 and 2 of Part 1 of Art. 81 of the Labor Code of the Russian Federation should not be allowed if he has given consent to retraining in another specialty or to transfer to another job in the specialty he received during retraining.

Termination of an employment contract in the event of a doctor or other medical worker’s inadequacy for the position held or work performed due to insufficient qualifications confirmed by certification results, provided for in clause 3, part 1, art. 81 of the Labor Code of the Russian Federation, is not properly regulated by law. So, from the contents of Part 2 of Art. 81 of the Labor Code of the Russian Federation makes it clear that the certification procedure can be established by any healthcare institution. However, the vast majority of healthcare institutions objectively do not have the opportunity to resolve the issue of insufficient qualifications of a medical worker, for example, due to the fact that the doctor who is certified in a given institution may be the only specialist in a particular medical specialty.

Another feature of terminating an employment contract with doctors and other medical workers on the specified basis is that their dismissal will not be legal if they have not previously (before dismissal) completed cycles of advanced training, advanced training - internship and retraining in deadlines.

In this regard, it is concluded that the termination of the employment contract under clause 3, part 1, art. 81 of the Labor Code of the Russian Federation should not be allowed if the employer has not taken measures to send a medical worker to cycles of advanced training, advanced training - internship and retraining within the established time frame.

Particular attention is paid to such grounds for termination of an employment contract as disclosure of secrets protected by law. Since from the contents of paragraphs. "c" clause 6, part 1, art. 81 of the Labor Code of the Russian Federation it is unclear whether medical confidentiality refers to “other” secrets or not, and its significance cannot be exaggerated, since it is associated with guaranteeing the rights and legitimate interests of not only the doctor, but also the patient, it is recommended in the employment contract of medical workers provide grounds for termination of the employment contract in the event of disclosure of information classified as medical secrets protected by law.

Approximate sample

Employment contract

with a medical professional (attending physician)

___________________________ "___" ____________ 20__

(place of conclusion of the contract) (date of conclusion of the contract)

1. Parties to the agreement

Organization (name) represented by (position, full name) acting on the basis of (Charter, Regulations, Power of Attorney), hereinafter referred to as “Employer”, on the one hand, and citizen (full name), hereinafter referred to as the “Employee”, on the other hand, and together referred to as the “Parties”, have entered into this agreement as follows.

2. Subject of the agreement

2.1. An employee (full name) is hired (place of work indicating the structural unit) by position, specialty, profession (full name of the position, specialty, profession), qualification (indication of qualifications in accordance with the organization’s staffing table), specific job function.

2.2. The agreement is (underline as appropriate):

Contract for the main work;

Part-time agreement.

3. Duration of the contract

3.1. This agreement is concluded for:

Indefinite term;

Specific period

(indicate the duration of its validity and the circumstance (reason) that served as the basis for concluding a fixed-term employment contract, or indicate that the contract for a certain period was concluded by agreement of the parties in accordance with Part 2 of Article 59 of the Labor Code of the Russian Federation).

3.2. The employee is obliged to start work on "__" ___________ 20__.

3.3. The probationary period for employment is ________ months.

4. Rights and obligations of the Employee

4.1. The employee has the right to:

4.1.1. Providing him with work stipulated by the employment contract.

4.1.2. A workplace that meets state regulatory requirements for labor protection and the conditions stipulated by the collective agreement.

4.1.3. Complete reliable information about working conditions and labor protection requirements in the workplace.

4.1.4. Protection of personal data.

4.1.5. Duration of working hours in accordance with current legislation.

4.1.6. Time relax.

4.1.7. Payment and labor regulation.

4.1.8. Receipt of wages and other amounts due to the Employee on time (in case of delay in payment of wages for a period of more than 15 days, suspension of work for the entire period until payment of the delayed amount with written notification to the Employer, except for the cases provided for in Article 142 of the Labor Code RF).

4.1.9. Guarantees and compensations.

4.1.10. Vocational training, retraining and advanced training.

4.1.11. Labor protection.

4.1.12. Association, including the right to create trade unions and join them to protect their labor rights, freedoms and legitimate interests.

4.1.13. Participation in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement.

4.1.14. Conducting collective negotiations and concluding collective agreements and agreements through their representatives, as well as information on the implementation of the collective agreement and agreements.

4.1.15. Protection of your labor rights, freedoms and legitimate interests by all means not prohibited by law.

4.1.16. Resolution of individual and collective labor disputes, including the right to strike, in the manner established by the Labor Code of the Russian Federation and other federal laws.

4.1.17. Compensation for harm caused to the Employee in connection with the Employee’s performance of labor duties, and compensation for moral damage in the manner established by the Labor Code of the Russian Federation and other federal laws.

4.1.18. Compulsory social insurance in cases provided for by federal laws.

4.1.19. Protection of your professional honor and dignity.

4.1.20. Obtaining qualification categories in accordance with the achieved level of theoretical and practical training.

4.1.21. Insurance of a professional error resulting in harm or damage to the health of a citizen that is not related to the careless or negligent performance of his professional duties.

4.1.22. Creation of professional associations and other public associations formed on a voluntary basis to protect the rights of medical workers, develop medical practice, promote scientific research, and resolve other issues related to the professional activities of medical workers.

4.1.23. In healthcare practice, use methods of prevention, diagnosis, treatment, medical technologies, medicines, immunobiological preparations and disinfectants approved for use in the manner prescribed by law.

4.1.24. The use in the interests of curing a patient of methods of diagnosis, treatment and medicinal products that are not approved for use, but are under consideration in the established manner, only after receiving his voluntary written consent (methods of diagnosis, treatment and medicinal products that are not approved for use, but are under consideration in the established manner funds can be used to treat persons under 15 years of age only if there is an immediate threat to their life and with the written consent of their legal representatives).

4.1.25. Issuing prescriptions to provide medicines to citizens on preferential terms.

4.1.26. Carry out an examination of temporary disability, individually issue certificates of incapacity to citizens for a period of up to 30 days.

4.1.27. When examining temporary disability, determine the need and timing of a temporary or permanent transfer of an employee for health reasons to another job, and also make a decision on sending a citizen in the prescribed manner to a medical and social expert commission, including if this citizen has signs of disability.

4.1.28. Using Methods traditional medicine in treatment and preventive institutions of the state or municipal health care system by decision of the heads of these institutions in accordance with the legislation of the Russian Federation.

4.1.29. With the consent of a citizen or his legal representative, transfer information constituting medical confidentiality to other citizens, including officials, in the interests of examining and treating the patient, for conducting scientific research, publishing in scientific literature, using this information in the educational process and in for other purposes.

Providing information constituting medical confidentiality without the consent of a citizen or his legal representative is permitted:

1) for the purpose of examining and treating a citizen who is unable, due to his condition, to express his will;

2) when there is a threat of the spread of infectious diseases, mass poisonings and injuries;

3) at the request of the bodies of inquiry and investigation, the prosecutor and the court in connection with an investigation or trial;

4) in the case of providing assistance to a minor under the age of 15 to inform his parents or legal representatives;

5) if there are grounds to believe that harm to a citizen’s health was caused as a result of illegal actions.

(Other rights in accordance with current legislation.)

4.2. The employee is obliged:

4.2.1. Personally perform the labor function and established labor standards determined by this agreement and job description.

4.2.2. Maintain labor discipline.

4.2.3. Comply with internal labor regulations.

4.2.4. Do not disclose secrets protected by law (state, official, commercial or other).

4.2.5. Work after training for at least _______ (the period is established by the contract if the training was carried out at the expense of the Employer).

4.2.6. Undergo medical examinations.

4.2.7. Comply with labor protection requirements.

4.2.8. Treat with care the property of the Employer (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property) and other employees.

4.2.9. Compensate for damage caused to the Employer.

4.2.10. Immediately inform the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer’s property (including property of third parties held by the Employer, if the Employer is responsible for the safety of this property).

4.2.11. Provide each citizen in a form accessible to him with available information about his state of health, including information about the results of the examination, the presence of the disease, its diagnosis and prognosis, treatment methods, associated risks, possible options for medical intervention, their consequences and the results of the treatment. Information about the state of health of a citizen is provided to him, and in relation to persons under the age of 15 years and citizens recognized as legally incompetent - to their legal representatives by the attending physician who is directly involved in the examination and treatment. Information about the state of health cannot be provided to a citizen against his will. In cases of an unfavorable prognosis for the development of the disease, information must be communicated in a sensitive manner to the citizen and his family members, unless the citizen has prohibited telling them about this and (or) has not appointed a person to whom such information should be conveyed.

4.2.12. At the request of a citizen, provide him with copies of medical documents reflecting the state of his health, if they do not affect the interests of a third party.

4.2.13. Not to carry out medical intervention or stop it if a citizen or his legal representative refused the medical intervention or demanded its termination, except in cases provided for by law.

4.2.14. Explain the possible consequences to the citizen or his legal representative in a form accessible to him if he refuses medical intervention. Refusal of medical intervention with indication possible consequences is made as an entry in the medical documentation and signed by the citizen or his legal representative, as well as a medical professional.

4.2.15. Provide medical care (medical examination, hospitalization, observation and isolation) without the consent of citizens or their legal representatives in relation to persons suffering from diseases that pose a danger to others, persons suffering from severe mental disorders, or persons who have committed socially dangerous acts, on the grounds and in the manner established by the legislation of the Russian Federation. The decision to conduct a medical examination and observation of citizens without their consent or the consent of their legal representatives is made by a doctor (consilium), and the decision to hospitalize citizens without their consent or the consent of their legal representatives is made by the court.

4.2.16. Provide citizens with emergency medical care for conditions requiring urgent medical intervention (in case of accidents, injuries, poisoning and other conditions and diseases), immediately in medical institutions, regardless of territorial, departmental subordination and form of ownership.

4.2.17. Do not carry out euthanasia - satisfying the patient’s request to hasten his death by any actions or means, including the cessation of artificial measures to maintain life.

4.2.18. To remove human organs and (or) tissues for transplantation only in accordance with the legislation of the Russian Federation (human organs and (or) tissues cannot be the subject of purchase, sale and commercial transactions).

4.2.19. When drawing up a certificate of incapacity for work, information about the diagnosis of the disease in order to maintain medical confidentiality should be entered with the consent of the patient, and in case of his disagreement, indicate only the cause of incapacity (disease, injury or other reason).

4.2.20. Do not allow the disclosure of information constituting a medical secret, except in cases established by law (information about the fact of seeking medical help, the state of health of a citizen, the diagnosis of his disease and other information obtained during his examination and treatment constitute a medical secret. The citizen must be confirmed with a guarantee confidentiality of the information transmitted to them).

5. Rights and obligations of the Employer

5.1. The employer has the right:

5.1.1. Encourage the Employee for conscientious and effective work.

5.1.2. Require the Employee to fulfill his job duties and take care of the property of the Employer (including the property of third parties located by the Employer, if the Employer is responsible for the safety of this property) and other employees, and to comply with internal labor regulations.

5.1.3. Bring the Employee to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation and other federal laws.

5.1.4. Adopt local regulations.

5.1.5. ___________________________.

(other rights provided for by the Labor Code of the Russian Federation,

federal laws and other regulatory legal acts,

agreements).

5.2. The employer is obliged:

5.2.1. Comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of the collective agreement, agreements and employment contracts.

5.2.2. Provide the Employee with work stipulated by the employment contract.

5.2.3. Ensure safety and working conditions that comply with state regulatory labor protection requirements.

5.2.4. Provide the Employee with equipment, tools, technical documentation and other means necessary to perform his job duties.

5.2.5. Pay the full amount of wages due to the Employee within the terms established by this agreement, the Labor Code of the Russian Federation, the collective agreement, and internal labor regulations.

5.2.6. Conduct collective negotiations, as well as conclude a collective agreement in the manner established by the Labor Code of the Russian Federation.

5.2.7. Introduce the Employee, against signature, to the adopted local regulations directly related to his work activity.

5.2.8. Provide for the Employee’s everyday needs related to the performance of his job duties.

5.2.9. Carry out compulsory social insurance for the Employee in the manner established by federal laws.

5.2.10. Compensate for harm caused to the Employee in connection with the performance of his labor duties, as well as compensate for moral damage in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation.

5.2.11. Fulfill other duties provided for by this agreement, labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations (other duties provided for by the Labor Code of the Russian Federation, federal laws and other regulatory legal acts containing labor law norms, collective agreements, agreements).

6. Guarantees and compensation

6.1. The Employee is fully covered by the benefits and guarantees established by law and local regulations.

6.2. Damage caused to the Employee by injury or other damage to health associated with the performance of his work duties is subject to compensation in accordance with the labor legislation of the Russian Federation.

7. Work and rest schedule

7.1. The employee is obliged to perform labor duties provided for in clause 2.1, section 4 of this agreement, during the time established in accordance with the internal labor regulations, as well as during other periods of time specified by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation. Federations refer to working hours.

7.2. The duration of working hours provided for in clause 7.1 of this agreement cannot exceed 39 hours per week.

7.3. The employee has a five-day work week with two days off (a six-day work week with one day off).

7.4. The Employer is obliged to provide the Employee with time to rest in accordance with current legislation, namely:

Breaks during the working day (shift);

Daily (between shifts) leave;

Weekends (weekly continuous vacation);

Non-working holidays;

Vacations.

7.5. The Employer is obliged to provide the Employee with annual paid leave of duration:

Basic leave: ______ calendar days (at least 28 days);

Additional leave: ______ days.

7.6. An employee may be granted leave without pay in accordance with current labor laws.

8. Terms of payment

8.1. The Employer is obliged to pay the Employee in accordance with this agreement, laws, other regulations, collective agreements, agreements, and local regulations.

8.2. This agreement establishes the following salary amount:

The size of the tariff rate (or official salary);

Additional payments, allowances and incentive payments (specify).

8.3. Payment of wages is made in the currency of the Russian Federation (rubles).

8.4. The Employer is obliged to pay wages directly to the Employee within the following terms:

(specify the period, but not less than every six months).

8.5. The Employer is obliged to pay wages to the Employee (underline as appropriate):

At the place where he performs the work;

By transfer to the bank account specified by the Employee.

8.6. When performing work outside the normal working hours, at night, on weekends and non-working holidays, when combining professions (positions), when performing the duties of a temporarily absent employee, the Employee is paid appropriate additional payments in the manner and amount established by the collective agreement and local regulations.

9. Types and conditions of social insurance

9.1. The Employer is obliged to provide social insurance to the Employee as provided for by current legislation.

9.2. Types and conditions of social insurance directly related to work: _____________________________________________________.

For medical workers of the state and municipal health care systems, whose work is associated with a threat to their life and health, compulsory state personal insurance is established in the amount of 120 monthly official salaries in accordance with the list of positions, the occupation of which is associated with a threat to the life and health of workers, approved by the Government Russian Federation.

9.3. This agreement establishes the obligation of the Employer to also provide the following types of additional insurance for the Employee: ___________________________________________________________________________.

10. Responsibility of the parties

10.1. The party to the employment contract who caused damage to the other party shall compensate for this damage in accordance with current legislation.

10.2. This agreement establishes the following liability of the Employer for damage caused to the Employee: _____________________________.

10.3. This agreement establishes the following liability of the Employee for damage caused to the Employer: _____________________________.

11. Duration of the contract

11.1. This agreement comes into force on the date of its official signing by the Employee and the Employer and is valid until its termination on the grounds established by law.

11.2. The date of signing of this agreement is the date indicated at the beginning of this agreement.

12. Dispute resolution procedure

Disputes arising between the Parties in connection with the execution of this agreement are resolved in the manner established by the Labor Code of the Russian Federation and other federal laws.

13. Other terms of the agreement

13.1. Doctors who have not worked in their specialty for more than five years may be allowed to practice medicine after undergoing retraining in the appropriate educational institutions or on the basis of a verification test carried out by commissions of professional medical associations.

13.2. Persons who have received medical training in foreign countries are allowed to engage in medical activities after an exam in the relevant educational institutions of the Russian Federation in the manner established by the Government of the Russian Federation, as well as after receiving a license to engage in activities determined by the Ministry of Health of the Russian Federation, unless otherwise provided international treaties of the Russian Federation.

13.3. Doctors for violating the doctor's oath are liable under the legislation of the Russian Federation.

13.4. In case of violation of the rights of citizens in the field of health protection due to the dishonest performance by medical workers of their professional duties, resulting in harm to the health of citizens or their death, the damage is compensated in accordance with the law. Compensation for damage does not exempt medical workers from bringing them to disciplinary, administrative or criminal liability in accordance with the legislation of the Russian Federation and constituent entities of the Russian Federation.

13.5. Persons to whom information constituting medical confidentiality was transferred in accordance with the procedure established by law, taking into account the damage caused to the citizen, bear disciplinary, administrative or criminal liability for the disclosure of medical confidentiality in accordance with the legislation of the Russian Federation and the constituent entities of the Russian Federation.

13.6. In the event of harm to the health of medical workers in the performance of their job duties or professional duty, they are compensated for damage in the amount and manner established by the legislation of the Russian Federation.

13.7. In the event of the death of employees of the state and municipal healthcare systems while performing their job duties or professional duties while providing medical care or conducting scientific research, the families of the deceased are paid a one-time cash benefit in the amount of 120 monthly official salaries.

13.8. Graduates of medical higher educational institutions who arrived to work in rural medical institutions as directed are subject to the procedure and conditions for issuing a one-time allowance for economic establishments established for specialists who graduated from agricultural educational institutions.

13.9. The attending physician is a doctor who provides medical care to a patient during the period of his observation and treatment in an outpatient clinic or hospital setting.

The attending physician cannot be a doctor studying at a higher medical educational institution or an educational institution of postgraduate professional education.

The attending physician is appointed at the choice of the patient or the head of the medical institution (its department). If the patient requests a change in the attending physician, the latter must facilitate the selection of another doctor.

The attending physician organizes timely and qualified examination and treatment of the patient, provides information about the state of his health, and, at the request of the patient or his legal representative, invites consultants and organizes a consultation. Recommendations of consultants are implemented only in agreement with the attending physician, with the exception of emergency cases that threaten the patient’s life.

The attending physician alone issues a certificate of incapacity for work for up to 30 days.

The attending physician may, in agreement with the relevant official, refuse to observe and treat the patient if this does not threaten the life of the patient and the health of others, in cases of non-compliance by the patient with the instructions or internal regulations of the medical institution.

The attending physician is responsible for the dishonest performance of his professional duties in accordance with the legislation of the Russian Federation and the constituent entities of the Russian Federation.

14. Final provisions

14.1. The employment contract is concluded in writing, drawn up in two copies, each of which has equal legal force.

14.2. Each of the Parties to this agreement owns one copy of the agreement.

14.3. The terms of this agreement may be changed by mutual agreement of the Parties, except for cases provided for by the Labor Code of the Russian Federation. All changes and additions to this employment contract are formalized by a bilateral written agreement, which is an integral part of this contract.

14.4. This employment contract may be terminated on the grounds provided for by current labor legislation.

15. Details and signatures of the Parties

Employer: Employee:

(____________________________________) (__________________________________)

Legal address Passport series ____ N _______________

Issued by ______________________________

______________________________________ ____________________________________

________________________________________ (by whom, when)

Residence address

____________________________________

____________________________________

Director Signature I. O. Last name Signature I. O. Last name

00.00.0000 00.00.0000

A copy of the employment contract was received by: Signature I. Last name

00.00.0000

Working hours

and rest time for medical workers

This section of the employment contract must indicate the time and frequency of the employee’s performance of the labor function, the length of the working week, weekly work depending on a five- or six-day work week, the duration of annual paid leave, as well as the nature of the employee’s working conditions (harmful or normal).

The working hours in healthcare institutions should be such that the maximum number of employed people is provided with the opportunity to receive appropriate medical or medicinal care in their free time, and some types of it at any time of the day every day. In addition, it is necessary that the norms of working time and rest time established by labor legislation for employees of these institutions are observed.

Based on the duration of work per day, healthcare institutions are divided into institutions:

with round-the-clock continuous operation;

with a 24-hour continuous weekly operation period;

working only during a certain part of the day (daily or on weekends).

The first group includes hospitals, clinics, hospitals, ambulance stations, etc. The second group may include, for example, nurseries. The third group includes clinics, antenatal clinics, pharmacies, pharmacy kiosks etc.

Health care workers can be divided into two categories based on working hours:

1) employees with normal working hours;

2) workers with reduced working hours.

The specificity of the legal regulation of the working hours of medical workers is manifested in the fact that only a small category of these workers have a normal working week of 40 hours: heads of hospitals, clinics, pharmacies, and other health care institutions; their deputies; heads of individual services and divisions; junior medical and service personnel.

For the main, leading categories of health workers, i.e. for the vast majority medical personnel reduced working hours are set at no more than 39 hours per week. This is due to two factors: being in harmful and often life-threatening working conditions (contact with mental and infectious patients, working on X-ray machines, etc.) and special neuropsychic stress caused by a sense of responsibility for human life and health.

For medical workers, several types of reduced working hours are established depending on the type of medical institution, category of medical workers, the number of patients served, the presence of harmful working conditions or special stress at work. The working hours of medical workers are determined by the Government of the Russian Federation. Currently, for these purposes, Resolution No. 101 of February 14, 2003 “On the working hours of medical workers depending on their position and (or) specialty” is applied (as amended on February 1, 2005, hereinafter referred to as Resolution No. 101).

According to this document, the following reduced working hours are established for medical workers, depending on their position and (or) specialty:

36 hours per week are established for health workers:

Infectious diseases hospitals, departments, wards, offices; dermatovenerologic clinics, departments, offices;

Leprosoriev;

Anti-plague institutions (centers, stations, departments, departments, laboratories, institutes);

Blood transfusion stations and departments;

Medical correctional institutions for compulsory treatment of persons suffering from drug addiction and chronic alcoholism;

Organizations, healthcare and social service institutions and some others.

33 hours per week are established for health workers:

Treatment and preventive organizations, institutions (polyclinics, outpatient clinics, dispensaries, medical centers, stations, departments, offices);

Physiotherapeutic treatment and preventive organizations, institutions, departments, offices;

Dental treatment and preventive organizations, institutions (departments, offices), etc.

30 hours per week are provided to health workers:

Working with radioactive substances and sources of ionizing radiation;

Pathological departments of bureaus (institutes), departments, laboratories, autopsy rooms, morgues;

Tuberculosis (anti-tuberculosis) healthcare organizations and their structural divisions, etc.

24 hours a week - to medical workers directly performing gamma therapy and experimental gamma irradiation with gamma drugs in radiomanipulation rooms and laboratories.

According to the duration, the shortened working day is divided into five types: 6.5 hours; 6 hours; 5.5 hours; 5 hours; 4 hours

A working day of 5.5 hours is established for doctors of outpatient clinics engaged exclusively in outpatient treatment of patients; dentists (except for hospital dental surgeons); dentists and dental prosthetists, as well as doctors and paramedical staff who work on medical ultra-high frequency (UHF) generators with a power of over 200 watts throughout their working hours.

In accordance with Resolution No. 101, many paramedical workers in healthcare institutions have a working day of 6.5 hours with a 6-day working week.

Depending on the nature of work in a healthcare institution, the working day of the same category of paramedical workers may be different. So, if a nurse, for example, in a neurological or surgical department of a hospital has a working day of 6.5 hours, then in the tuberculosis department of the same hospital a nurse has a working day of 6 hours.

Due to hazardous working conditions, many categories of pharmacy workers have a reduced 6-hour working day with a 6-day working week. The length of their working day depends on whether they are engaged in direct work on the production and control of medicines, packaging and preparing medicines, performing tests, etc.

According to Art. 118 of the Labor Code of the Russian Federation, certain categories of workers whose work is related to the specific characteristics of the work are provided with annual additional paid leave. Also, annual additional paid leave is provided to employees with irregular working hours (Article 119 of the Labor Code of the Russian Federation).

Decree of the Government of the Russian Federation dated December 30, 1998 N 1588 established that general practitioners (family doctors) and nurses of general practitioners (family doctors) are granted an additional annual paid 3-day leave for continuous work in these positions for more than 3 years.

Part-time medical workers

Almost every medical organization employs part-time workers. Forming relationships with them has its own specific features. Here you need to know not only the general issues of part-time work, but also thoroughly understand the nuances concerning employees in white coats.

Part-time work in healthcare institutions is caused, firstly, by the lack of certain categories of medical and pharmaceutical workers. IN in this case we're talking about about medical institutions state system healthcare.

Secondly, part-time work is caused by the specifics of the organization of medical care, due to which, in order to provide one or another type of assistance in health care institutions, it is enough to have on staff not a whole position, but half the position of a corresponding specialist from among the medical or nursing staff.

For persons working part-time (internal or external), the legislator established a limit on the duration of working hours set by the employer - no more than four hours a day (Article 284 of the Labor Code of the Russian Federation).

It should be noted that the norms for working hours when working part-time have been significantly changed, upward. Now, instead of the “maximum weekly norm - 16 hours”, the following norm is applied: “within one month (another accounting period), the duration of working time when working part-time should not exceed half of the monthly working time norm (working time norm for another accounting period) established for relevant category of workers." At the same time, on days when the employee is free from work duties at his main place of work, he can work part-time full time (shift), i.e. more than 4 hours a day.

When drawing up employment contracts with medical workers for part-time work, one should be guided by the provisions of the Labor Code of the Russian Federation and Resolution of the Ministry of Labor of Russia dated June 30, 2003 N 41 “On the peculiarities of part-time work for teaching, medical and pharmaceutical workers and cultural workers” (hereinafter referred to as Resolution No. 41). This is the most comprehensive regulatory document regulating relations in this area.

So, part-time work for medical workers has the following features:

a) these categories of employees have the right to work part-time, that is, to perform other regular paid work under the terms of an employment contract in their free time from their main job at the place of their main job or in other organizations, including in a similar position or specialty , profession, and in cases where reduced working hours are established;

b) the duration of part-time work for the specified categories of employees during a month is established by agreement between the employee and the employer, and for each employment contract it cannot exceed:

For medical and pharmaceutical workers - half the monthly standard working time, calculated from the established length of the working week;

For doctors and paramedical personnel in cities, districts and other municipalities where there is a shortage - the monthly standard of working time, calculated from the established length of the working week;

For junior medical and pharmaceutical personnel - monthly standard working hours, calculated from the established length of the working week.

In Art. 350 of the Labor Code of the Russian Federation states that, taking into account the opinion of the relevant all-Russian trade union and the all-Russian association of employers, by decision of the Government of the Russian Federation, the duration of part-time work can be increased for medical workers of healthcare organizations living and working in rural areas and urban settlements.

In accordance with Decree of the Government of the Russian Federation dated November 12, 2002 N 813, the duration of part-time work in healthcare organizations for medical workers living and working in rural areas and urban settlements should not exceed 8 hours a day and 39 hours a week.

In accordance with paragraph 2 of Resolution No. 41, the following types of work are not considered part-time work for the categories of workers in question and do not require the conclusion (registration) of an employment contract (and, accordingly, the issuance of an order for employment and the establishment of a personal card):

Conducting medical, technical, accounting and other examinations with a one-time payment;

Pedagogical work on conditions hourly pay in a volume of no more than 300 hours per year;

Consulting by highly qualified specialists in institutions and other organizations in an amount of no more than 300 hours per year;

Supervision of graduate students and doctoral students by employees not on the staff of the institution (organization), as well as heading of the department, management of the faculty educational institution with additional payment by agreement between the employee and the employer.

Resolution No. 41 finally allowed budget employees to earn extra money in their own organization. Previously this was not allowed. The resolution meets the interests of both workers and employers. For the former, this is an opportunity to increase earnings, for the latter, it is an opportunity to fill empty vacancies with proven personnel without attracting outside workers.

According to the Ministry of Labor, in most hospitals and schools, approximately 60-70% of the personnel actually work part-time. That is why there was a need to legalize this situation and adopt rules further regulating such relations.

Now restrictions for part-time workers have been lifted. A doctor can work part-time in his own specialty in his own medical institution. Resolution No. 41 even allows them to combine similar positions. Another plus: you can now earn extra money for more time than was previously allowed (with the exception of harmful and dangerous work). Moreover, the document provides for a clause according to which local authorities themselves can “give the go-ahead” for part-time work in specific positions in institutions, and set the duration of working hours.

In practice, the question often arises: is it possible to allow an employee to work under another employment contract (internal part-time work) in several positions at once? For example: if a general practitioner asks to work part-time up to 0.25 times the rate as a cardiologist and up to 0.25 times the rate as a functional diagnostics doctor. How to properly formalize labor relations with such an employee?

According to Art. 282 of the Labor Code of the Russian Federation, part-time work is the performance by an employee of other regular paid work under the terms of an employment contract in his free time from his main job.

Special rules have been established for medical workers. For them, the duration of part-time work for a month is established by agreement between the employee and the employer and can reach the monthly standard of working time for the following categories of workers: doctors and paramedical personnel in cities, districts and other municipalities where there is a shortage.

With the written consent of the employee, he may be entrusted with performing, during the established duration of the working day (shift), along with the work specified in the employment contract, additional work in a different or the same profession (position) for additional pay (Article 60.2 of the Labor Code of the Russian Federation). It is necessary to draw up an additional agreement to the employment contract, which specifies what kind of work the doctor should perform and under what conditions (term, payment, etc.). Based on an additional agreement to the employment contract signed by both parties, an order is issued to assign duties. This is the case if the work is performed during the working day (shift) established by the employment contract. If a doctor performs this work in his free time from his main job, then this is part-time work (Article 60.1 of the Labor Code of the Russian Federation). In this case, a separate employment contract is drawn up, and on the basis of this contract - an order for hiring part-time work.

With part-time workers individuals in accordance with Art. Art. 58 and 59 of the Labor Code of the Russian Federation, both contracts for an indefinite period and fixed-term employment contracts can be concluded.

Labor relations in the field of commercial medicine

The reorganization of the state and municipal health care systems that is being developed and partly already underway, the reform of the entire health care system, as well as the possible transformation of health care institutions into other organizational and legal forms will inevitably entail changes in the commercial sector of the medical services market.

An increase in the number of people both employed in the field of commercial medicine and those providing paid services in state and municipal health care facilities, as well as those who combine work in non-profit medicine with the provision of paid services in commercial clinics and centers, will allow commercial enterprises engaged in the medical business to develop their own personnel policies, coordinating them with the requirements of current labor legislation and the characteristics of the work of medical workers.

The relationship between an employer and a doctor or other medical personnel must be formalized in the form of an employment contract.

The more detailed the employment contract, the more clear the mutual obligations and rights of the parties will be, the fewer disputes and questions it will cause in the future. Unfortunately, many commercial medical centers enter into rather primitive labor contracts with employees, which not only indicates the absence or low level of legal culture in the clinic, but also puts the clinic itself in extremely unfavorable and sometimes completely difficult conditions in the event of a dispute in which, for example, the state labor inspectorate or judicial authorities participate as an “arbiter”, who, however, almost always acts on the side of the employee.

According to current labor legislation and established judicial practice, an employment contract formalizing labor relations in a commercial medical clinic, center, company, etc., has the right to include requirements for the employee’s knowledge when performing work, namely, the employee’s obligation to know:

Laws of the Russian Federation and other regulatory legal acts on healthcare issues;

Methods of providing emergency medical care;

Theoretical knowledge in your specialty, in organizational, diagnostic, advisory, preventive work;

Modern methods of diagnosis, treatment and drug provision for patients;

The latest methods, technological methods of treatment, diagnostics and drug provision for patients are approved and introduced into the practice of the clinic. In the absence of special knowledge and practical skills in the field of the latest methods and technological techniques introduced into the use of the clinic, the employee must actively master the specified knowledge and skills on the technological and methodological basis of the clinic, including by acquiring professional practical skills in the manner and under the conditions determined internal local legal regulations of the clinic;

Fundamentals of medical labor examination;

Ways of interaction with other medical specialists, various specialized services, institutions, organizations, including insurance companies;

Fundamentals of the functioning of budgetary insurance and commercial medicine and the provision of sanitary, preventive and medicinal care to the population;

Legislation on labor and labor protection of the Russian Federation;

Internal labor regulations, norms on the protection of confidential information of society, rules and regulations of labor protection, safety precautions, industrial sanitation and fire protection.

The need for this knowledge concerns mainly medical workers hired for a medical position.

Requirements for paramedical personnel may be lower, but for employees, for example, hired for the position of chief (senior) nurse, the amount of required knowledge can be clarified. For example, the list of required knowledge may include:

The procedure for drawing up work schedules and placing middle and junior medical personnel;

Theoretical foundations of hygiene and healthcare organization;

Organization of social and medical rehabilitation of patients;

Theoretical and organizational foundations of the sanitary-epidemiological service;

Organization of health education, hygienic education of the population, propaganda healthy image life.

The employee's job responsibilities must be stipulated in the employment contract in the most careful manner. A reference in the text of an employment contract to a job description is permitted only if the job description itself is included as an integral part of the employment contract.

Approximate sample

JOB DESCRIPTION OF A DISTRICT DOCTOR-THERAPIST

I. General part

The main task of a local general practitioner is to provide timely, qualified treatment and preventive therapeutic care to the population living in the assigned area in the clinic and at home.

The appointment and dismissal of a local general practitioner is carried out by the chief physician of the clinic in accordance with current legislation.

In his work, the local general practitioner reports directly to the head of the therapeutic department, and in his absence, to the deputy chief physician of the clinic for medical affairs.

The local general practitioner reports to the local nurse working under his supervision.

In his work, the local general practitioner is guided by the instructions and orders of municipal health authorities, this job description, as well as methodological recommendations for improving medical care for therapeutic patients.

II. Responsibilities

To perform his functions, the local general practitioner is obliged to:

1. Conduct outpatient visits to patients in accordance with the schedule approved by the administration of the clinic, regulating the flow of visitors by rationally distributing repeat patients.

2. Visit patients at home on the day the call is received.

3. Ensure timely diagnosis of diseases and qualified treatment of patients.

4. Provide emergency medical care to patients, regardless of their place of residence, in case of acute conditions, injuries, poisoning.

5. Conduct an examination of temporary disability in accordance with the current Regulations on it and promptly refer patients to CEC and MSEC in order to determine their ability to work and transfer to another job.

6. Timely hospitalize therapeutic patients with mandatory preliminary examination during planned hospitalization.

7. Consult patients with unclear forms of diseases with the head of the department, doctors of other specialties of the clinic and other health care institutions.

8. Use in your work modern methods prevention, diagnosis and treatment of patients.

9. Carry out a set of measures for medical examination of the population of the site in accordance with the list of nosological forms subject to clinical observation by a general practitioner, with an analysis of the effectiveness and quality of medical examination.

10. Ensure the organization and implementation of preventive vaccinations for the population of the site.

11. Notify the management of the institution, the office of infectious diseases of the clinic, the center of the State Sanitary and Epidemiological Surveillance of all cases of infectious diseases or suspicions of them, food and occupational poisoning, violation of the sanitary and anti-epidemic regime by infectious patients at home.

12. Conduct preventive examinations in accordance with the established procedure and according to the schedule approved by the administration of the clinic.

13. Observe the principles of deontology in your work.

14. Monitor and manage the work of the district nurse.

15. Systematically improve your qualifications and level of medical knowledge of the district nurse.

16. Conduct active and systematic sanitary and educational work among the population on issues of a healthy lifestyle and the prevention of diseases in the area.

17. News medical records outpatients, write prescriptions.

18. Ensure the correct maintenance of medical records by the local nurse.

A local general practitioner has the right:

Make proposals to the clinic administration on improving the organization of medical and preventive care to the population, the organization and conditions of their work and the work of the district nurse;

Participate in meetings on the organization of therapeutic care for the population;

Prescribe and cancel any treatment and preventive measures based on the patient’s condition;

Obtain information necessary to perform job duties;

Represent the district nurse for incentives and make proposals to impose penalties in case of violation of labor discipline and unsatisfactory performance of job duties.

IV. Performance appraisal and responsibility

The assessment of the work of a local general practitioner is carried out by the head of the therapeutic department based on the results of work for the quarter (year) based on taking into account the qualitative and quantitative indicators of his work, his compliance with the requirements of fundamental official documents, labor discipline rules, moral and ethical standards, and social activity.

The local general practitioner is responsible both for poor quality work and erroneous actions, as well as for inaction and failure to make decisions that fall within the scope of his duties and competence, in accordance with current legislation.

Thus, in an employment contract, in terms of responsibilities, it is allowed to indicate the following responsibilities of the employee (skills, abilities):

Performing the duties provided for in the current job description;

Providing medical care to the clinic’s clients (patients) in their specialty, using modern methods of prevention, diagnosis, treatment and rehabilitation accepted at the clinic;

In the absence of special knowledge and practical skills in the field of the latest methods and technological techniques introduced into the use of the clinic, active mastery of the specified knowledge and skills on the technological and methodological basis of the clinic, including through the acquisition of professional practical skills in the manner and on the terms determined by internal local legal regulations of the clinic;

Compliance with the principles of medical ethics and deontology;

Promotion professional level and qualifications;

Careful attitude towards the property of the clinic and other employees;

Management of the work of nursing staff;

Performing tasks within his competence, corresponding to his specialty, qualifications and position, as well as orders (instructions) of the clinic administration;

Maintaining medical confidentiality;

Maintaining the clinic's trade secrets under the conditions specified in the employment contract and local regulations (in particular, the obligation not to give interviews, conduct negotiations, or meetings related to the clinic's activities without the direct permission of the clinic's management);

Contributing to the creation of a favorable business and moral climate in the clinic;

Responsibility for communicating with clinic clients, colleagues, nursing staff, other clinic staff, and clinic management to maintain a business-like style of communication;

Compliance with the terms of the employment contract and the current legislation of the Russian Federation;

Compliance with the established Internal Labor Regulations, Regulations on the confidentiality of information constituting a commercial secret of the clinic, production and financial discipline, and conscientious attitude towards the performance of one’s official duties.

When concluding an employment contract with the chief physician of the clinic, the employee’s duties may be supplemented, in particular:

The need for the employee to manage the medical activities of the clinic in accordance with the current legislation defining the activities of health authorities, institutions and enterprises; representation of the clinic in government, judicial, insurance and arbitration bodies, along with the director (general director of the clinic);

Organizing the work of the team to provide timely and high-quality medical and medicinal care to patients;

Ensuring the organization of treatment and preventive, administrative, economic and financial activities of the clinic, along with the director (general director) of the clinic;

The need to analyze the activities of the clinic and, based on the assessment of its performance indicators, the need to adopt necessary measures to improve the forms and methods of the clinic;

Responsibilities for monitoring compliance with internal labor regulations, safety regulations, labor protection, technical operation devices, equipment and mechanisms.

Labor responsibilities of nursing staff may include:

Providing care for the clinic’s clients (patients), taking into account the inpatient or outpatient nature of the clinic’s services;

Providing pre-medical care to clinic clients (patients);

Collecting biological materials for laboratory research, conducting simple tests;

Sterilization of medical instruments, dressings and care items for clinic clients (patients);

Ensuring the correct implementation of medical prescriptions;

Responsibility for accounting, storage, use of medicines and ethyl alcohol;

Conducting health education work among clients (patients) and their relatives.

The responsibilities of the chief (senior) nurse of a commercial medical clinic may include:

Ensuring the rational organization of work for nursing and junior medical personnel, improving their qualifications;

Implementation of timely discharge, distribution and storage of dressings, medicines, etc., including poisonous and narcotic drugs;

Keeping records of their expenditure;

Control over the work of nursing and junior medical personnel, over the implementation of medical prescriptions by nursing staff, control over the sanitary and hygienic condition of the clinic premises, the timeliness and quality of disinfection of the premises.

An employment contract with medical and nursing staff must necessarily contain an indication of the person(s) to whom the employee is accountable (for example, the director, general director and (or) chief physician of the clinic).

In conclusion, it must be said: the peculiarity of labor relations in medicine is that in the Labor Code of the Russian Federation there is only one article on this matter, but there is a huge array of normative legal acts at different levels: government decrees, orders and letters from ministries that define the features of labor relations of various categories of medical workers. It turns out that in order to establish legality in a particular situation, it is necessary to analyze a huge array of documents.

Article 350 of the Labor Code of the Russian Federation establishes only some features of the regulation of the labor of medical workers:

1) reduced working hours;

2) the procedure for determining the duration of part-time work for medical workers of healthcare organizations living and working in rural areas and in urban settlements.

Rights and social protection Section is devoted to medical workers. X Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens dated July 22, 1993 N 5487-1 (as amended on October 28, 2010, hereinafter referred to as the Fundamentals). Article 54 of the Fundamentals regulates the conditions under which an employee has the right to engage in medical activities in the Russian Federation.

The duty of medical workers is to maintain medical confidentiality.

Disclosure of information constituting medical confidentiality by persons to whom it became known during training, performance of professional, official and other duties is not permitted (Part 2 of Article 61 of the Fundamentals). The exception is the cases established by parts 3 and 4 of the same article.

The fundamentals provide for social and legal protection of medical workers (Article 63).

Medical workers have the right to:

1) ensuring conditions for their activities in accordance with labor protection requirements;

2) work under an employment contract, including abroad;

3) protection of one’s professional honor and dignity;

4) obtaining qualification categories in accordance with the achieved level of theoretical and practical training;

5) improvement of professional knowledge;

6) retraining at the expense of budgets of all levels in the event of an inability to perform professional duties due to health reasons, as well as in the event of the release of an employee due to a reduction in the number or staff, the liquidation of an enterprise, institution and organization;

7) insurance of a professional error, as a result of which harm to the health of a citizen is caused, not related to the careless or negligent performance of their professional duties;

8) unhindered and free use of communication means owned by enterprises, institutions, organizations or citizens, as well as any available type of transport for transporting a citizen to the nearest medical institution in cases that threaten his life.

In Art. 63 of the Fundamentals also provides other guarantees for medical workers.

Issues related to part-time work for medical workers are resolved on the basis of labor legislation, taking into account the features provided for these workers. Thus, the Labor Code of the Russian Federation allows internal and external part-time work (Articles 98, 282 of the Labor Code of the Russian Federation).

For medical workers, implementation various types work within one healthcare institution is not considered part-time (Resolution of the Council of Ministers of the RSFSR dated January 17, 1991 N 27 (as amended on June 20, 1992)).

In this case, wages are paid for the actual work performed.

General practitioners (family doctors) and nurses of general practitioners (family doctors) are provided with an annual additional paid 3-day leave for continuous work in these positions for more than 3 years (Resolution of the Government of the Russian Federation of December 30, 1998 N 1588).

When determining the duration of continuous work for this purpose, the time of immediately preceding continuous work in the positions of local general practitioners and local pediatricians in territorial areas, nurses, therapists and pediatricians in territorial areas is taken into account (see ibid.).

Bibliography

1. Fundamentals of labor law and medical law: Textbook. manual for seminars, practical classes and business games (together with Mikhailov A.I.). M.: Publishing house of GOU VPO RGMU, 2006.

2. Skachkova P. S. Labor contracts in various fields of activity. M.: Prospekt, 2001.

I. Gushchina

Teacher

Department of Management

Moscow Institute

tourism and hospitality

Signed for seal

the city of _______________ "__"___________ ____ the city of ________________ (hereinafter referred to as the Employer) represented by _______________________, (position, full name) acting on the basis of _______________________________, on the one hand, and ___________________________________ (hereinafter referred to as the Employee), on the other hand , have entered into this employment contract as follows:

1. The Subject of the Agreement

1.1. The Employer undertakes to provide the Employee with work for a specified labor function, to provide working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and this employment contract, to pay the Employee wages on time and in full. , and the Employee undertakes to personally perform the labor function specified in this employment contract and to comply with the internal labor regulations in force at the Employer.

1.2. An employee is hired at _______________ for the position of a surgeon in accordance with the staffing schedule. The work under this employment contract is _______________ main/part-time for the Employee.

1.3. The Employee's job responsibilities are regulated by this employment contract and job description.

1.4. Place of work: _________________________.

1.5. Nature of work: _________________________ (office work, mobile, traveling, on the road).

1.6. This employment contract is concluded without limitation of duration. Start date: "__"___________ ____

Option: This employment contract is concluded for the period from "__"___________ ____ to "__"___________ ____, basis: _________________________.

Start date: "__"___________ ____

1.7. The employee is subject to a probationary period of _____ (__________) months from the date of commencement of work.

Option: The employee begins to perform his duties without a probationary period.

2. Rights and obligations of the Employee

2.1. The employee has the right to:

2.1.1. Conclusion, amendment and termination of an employment contract in the manner and under the conditions determined by labor legislation.

2.1.2. Providing him with work stipulated by the employment contract and job description.

2.1.3. A workplace that meets the conditions provided for state standards organization and labor safety.

2.1.4. Timely and full payment of wages in the manner prescribed by this employment contract.

2.1.5. Rest ensured by establishing normal working hours, providing weekly days off, non-working days holidays, paid annual leave.

2.1.6. Complete reliable information about working conditions and labor protection requirements in the workplace.

2.1.7. Professional training, retraining and advanced training in the manner established by the Labor Code of the Russian Federation and other federal laws.

2.1.8. Protection of your labor rights, freedoms and legitimate interests by all means not prohibited by law.

2.1.9. Compensation for harm caused to the Employee in connection with the performance of his labor duties, and compensation for moral damage in the manner established by the Labor Code of the Russian Federation and other federal laws.

2.1.10. Compulsory social insurance in cases provided for by federal laws.

2.2. Job responsibilities of the Employee:

2.2.1. Carry out a list of works and services for diagnosing the disease, assessing the patient’s condition and clinical situation in accordance with the standard of medical care.

2.2.2. Carry out a list of works and services for the treatment of a disease, condition, clinical situation in accordance with the standard of medical care.

2.2.3. Conduct an examination of temporary disability, refer patients with signs of permanent disability for examination for a medical and social examination.

2.2.4. Complete the necessary medical documentation required by health care legislation.

2.2.5. Conduct sanitary education work with the population and patients.

2.2.6. Draw up a report on your work and analyze its effectiveness.

2.2.7. Comply with internal labor regulations.

2.2.8. Maintain labor discipline.

2.2.9. Comply with labor protection and occupational safety requirements.

2.2.10. Treat the property of the Employer and other employees with care.

2.2.11. Immediately inform the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer’s property.

3. Rights and obligations of the Employer

3.1. The employer has the right:

3.1.1. Change and terminate the employment contract with the Employee in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws.

3.1.2. Encourage the Employee for conscientious, effective work.

3.1.3. Demand that the Employee fulfill his job duties and take care of the property of the Employer and other employees, and comply with internal labor regulations.

3.1.4. Bring the Employee to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation.

3.2. The employer is obliged:

3.2.1. Comply with the legislation of the Russian Federation, local regulations, and the terms of this employment contract.

3.2.2. Provide the Employee with work stipulated by this employment contract.

3.2.3. Ensure labor safety and conditions that meet occupational safety and health requirements.

3.2.4. Provide the Employee with equipment, tools, technical documentation and other means necessary to perform his job duties.

3.2.5. Timely and in full pay the wages due to the Employee within the terms established by the employment contract.

3.2.6. Carry out compulsory social insurance for the Employee in the manner prescribed by current legislation.

3.2.7. Compensate for damage caused to the Employee in connection with the performance of his labor duties, as well as compensate for moral damage in the manner and under the conditions established by the Labor Code of the Russian Federation, federal laws and other regulatory legal acts.

4. Remuneration

4.1. The Employee's remuneration consists of the official salary, bonuses, allowances established in the amount and manner established by the regulations on remuneration and material incentives for employees of _______________ (name of organization).

The Employee's salary is set according to the staffing table in the amount of _____ (__________) rubles.

4.2. Salary and other payments to the Employee are made simultaneously. Payments are made twice a month: _____ and _____ dates.

5. Working time and rest schedule

5.1. Working hours:

5.1.1. Length of the working week: five days with two days off/six days with one day off/work week with days off on a staggered schedule/part-time work week (cross out what is not necessary).

5.1.2. Working hours: _____ (__________) hours per week.

5.1.3. Working hours: from __________ to __________.

5.2. Rest mode:

The employee is provided with the following types of rest in accordance with the internal regulations of _______________ (name of organization):

Daily lunch break;

Weekly rest days;

Annual leave of 28 (twenty-eight) calendar days.

6. Change and termination of the employment contract

6.1. Each of the parties to this employment contract has the right to raise with the other party the question of its amendment (clarification) or addition, which are formalized by an additional agreement, which is an integral part of this employment contract.

6.2. This employment contract may be terminated on the grounds provided for by the Labor Code of the Russian Federation.

6.3. The contract with the Employee cannot be terminated if his failure to fulfill his obligations is caused by objective reasons that do not depend on the will of the Employee.

7. Final provisions

7.1. This employment contract has been drawn up in two original copies, identical in content and having equal legal force, one for each party.

7.2. Details and signatures:

EMPLOYER: EMPLOYEE: ____________________________________ Last name ____________________________ (name of organization) First name ________________________________ _____________________________________ Middle name ___________________________ (address with zip code) Registration address: ____________________ OGRN ________________________________ ______________ index ______________ INN ________________________________ Passport: series _____ N _____________ Issued by "__"___________ ____ City ________________________________ INN ________________________________ The official who signed the Insurance Certificate, the employment contract on behalf of the state pension Employer: insurance ________________________ Position _______________________ I.O. Last name _____________ ______________________ M.P. signature signature decryption

Back in 2007, registration 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.

The presence of employment contracts is a licensing requirement for carrying out medical activities. According to the agreement with the employee, it 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:

Article 67 of the Labor Code of the Russian Federation strictly regulates the conclusion of an agreement with 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 work, for an indefinite period, on the terms of 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, SNILS, registration, passport details, actual residential address)

Contents and features of the document

Specific requirements for 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 assistance 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, you must fill out the form correctly. work book, correct wording in the employment contract.

Subordination

The agreement must specify a particular full-time employee. 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.

And the nature of employment is described in the document signed upon hiring. Possible options developments:

• 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, labor agreement the following points are taken into account:

1. 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.
2. , including “floating” lunches. Thus, for emergency medical technicians, the approximate time for a lunch break is set from 13.00 to 16.00.
3. 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.

And the functions of physicians hired on staff are to follow instructions, regulatory documents 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:

1. Firstly, a “true” doctor must strive to improve his level of qualifications.
2. Secondly, the employee must treat the property of the medical and recreational institution with care.
3. Thirdly, observe medical ethics.
4. Fourth, when managing staff, support business style communication.
5. Fifthly, strictly follow the instructions of management and resolve issues within the limits of your job description.
6. Sixth, take into account the internal regulations in force in the company.
7. 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, all medical staff in terms of education and practical skills must meet the requirements of the Unified qualification directory medical positions No. 541n.

Mentioned strictly according to staffing schedule. 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.

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 any medical history. 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:

• 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:

1. 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.
2. According to Article 13.14 of the Code of Administrative Offenses, the transfer of information from the personal life of a patient is punishable by a fine of up to 50.
3. 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.

– 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!

Write your question in the form below