Employment contract with a massage nurse. Employment contract with a medical worker (attending physician)

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Labor contract
with a healthcare professional (doctor)

date and place of signing

1. PARTIES TO THE CONTRACT

Organization (name) represented by (position, full name) acting on the basis of (Charter, Regulations, Power of Attorney), hereinafter referred to as the "Employer", on the one hand, and a citizen (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 CONTRACT

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

2.2. The agreement is (underline as appropriate):
- contract for the main work;
- part-time agreement.

3. TERM OF THE CONTRACT

3.1. This agreement is concluded for:
- indefinite term;
- a fixed period

(indicate the period 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 fixed 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 period of probation 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 a job stipulated by an employment contract.

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

4.1.3. Full reliable information about working conditions and labor protection requirements at the workplace.

4.1.4. Protection of personal data.

4.1.5. Hours of work in accordance with applicable law.

4.1.6. Time relax.

4.1.7. Pay 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 to suspend work for the entire period until the payment of the delayed amount with a notice to the Employer in writing, except as 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 form 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 conclusion of collective agreements and agreements through their representatives, as well as information on the implementation of the collective agreement, agreements.

4.1.15. Protection of their 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 prescribed by the Labor Code of the Russian Federation, other federal laws.

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

4.1.18. Compulsory social insurance in cases stipulated by federal laws.

4.1.19. Protecting 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 mistake, as a result of which harm or damage to the health of a citizen was caused, not related to the negligent or negligent performance of professional duties by him.

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 that are permitted for use in accordance with the procedure established by law.

4.1.24. Use in the interest of curing a patient of methods of diagnostics, treatment and medicinal products that are not permitted for use, but are under consideration in the established manner, only after obtaining his voluntary written consent (methods of diagnosis, treatment and medicinal funds can be used for the treatment of persons under the age of 15 years, only with an immediate threat to their lives and with the written consent of their legal representatives).

4.1.25. Issuance of prescriptions for drug provision of citizens on preferential terms.

4.1.26. Perform an examination of temporary incapacity for work, single-handedly issue certificates of incapacity for work to citizens for up to 30 days.

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

4.1.28. The use of traditional medicine methods in medical 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 a medical secret to other citizens, incl. officials, in the interests of examining and treating a patient, for conducting scientific research, publishing in scientific literature, using this information in the educational process and for other purposes.
Providing information constituting a medical secret without the consent of a citizen or his legal representative is allowed:

1) for the purpose of examination and treatment of a citizen who, due to his condition, is unable to express his will;
2) with the threat of the spread of infectious diseases, mass poisoning and lesions;
3) at the request of the bodies of inquiry and investigation, the prosecutor and the court in connection with the conduct of an investigation or judicial proceedings;
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 for believing that harm to the health of a citizen was caused as a result of unlawful actions.
(Other rights in accordance with applicable law.)

4.2. The employee is obliged:

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

4.2.2. Observe labor discipline.

4.2.3. Comply with internal labor regulations.

4.2.4. Do not disclose secrets protected by law (state, official, commercial and 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. Take care of 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 the damage caused to the Employer.

4.2.10. Immediately notify the Employer or immediate supervisor 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).

4.2.11. Provide every citizen in an accessible form 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, methods of treatment, the risks associated with them, 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 delicate form to the citizen and members of his family, unless the citizen forbade informing them of this and (or) appointed the person to whom such information should be transmitted.

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

4.2.13. Not to perform medical intervention or stop it if a citizen or his legal representative refused medical intervention or demanded its termination, except as provided by law.

4.2.14. Explain the possible consequences to a citizen or his legal representative in a form accessible to him when refusing medical intervention. Refusal of medical intervention with an indication of possible consequences is documented in the medical records and signed by a citizen or his legal representative, as well as a medical worker.

4.2.15. To provide medical assistance (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 prescribed 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 (council), and the decision to hospitalize citizens without their consent or the consent of their legal representatives is made by the court.

4.2.16. To provide citizens with emergency medical care in conditions requiring urgent medical intervention (in case of accidents, injuries, poisoning and other conditions and diseases), without delay in medical institutions, regardless of territorial, departmental subordination and form of ownership.

4.2.17. Do not carry out euthanasia - satisfaction of the patient's request to hasten his death by any actions or means, incl. the cessation of artificial life-sustaining measures.

4.2.18. To harvest 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 issuing a certificate of incapacity for work, information about the diagnosis of the disease, in order to maintain medical secrecy, should be entered with the consent of the patient, and in case of his disagreement, indicate only the cause of disability (illness, injury or other reason).

4.2.20. Not to allow disclosure of information constituting a medical secret, except in cases established by law (information about the fact of applying for medical care, the state of health of a citizen, the diagnosis of his illness and other information obtained during his examination and treatment, constitute a medical secret. A citizen must be confirmed by a guarantee confidentiality of the information they share).

5. RIGHTS AND OBLIGATIONS OF THE EMPLOYER

5.1. The employer has the right:

5.1.1. Encourage the Employee for conscientious, efficient work.

5.1.2. Require the Employee to fulfill his labor duties and respect 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, compliance with the internal labor regulations.

5.1.3. Bring the Employee to disciplinary and financial liability in the manner prescribed by the Labor Code of the Russian Federation, 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 labor 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 requirements for labor protection.

5.2.4. Provide the Employee with equipment, tools, technical documentation and other means necessary for the performance of his job duties.

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

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

5.2.7. To acquaint the Employee against signature with the adopted local regulations directly related to his work activity.

5.2.8. Provide for the daily needs of the Employee related to the performance of their labor duties.

5.2.9. Carry out compulsory social insurance of the Employee in the manner prescribed 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 obligations stipulated by this agreement, labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations (other obligations stipulated by the Labor Code of the Russian Federation, federal laws and other regulatory legal acts containing labor law norms, collective bargaining agreements).

6. WARRANTY AND REFUND

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

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

7. MODE OF WORK AND REST

7.1. The employee is obliged to fulfill the labor duties provided for in clause 2.1, section 4 of this contract, within the time period established in accordance with the internal labor regulations, as well as at other times that the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation Federations refer to working time.

7.2. The duration of the working time provided for in clause 7.1 of this agreement may not exceed 39 hours per week.

7.3. The employee is set a five-day working week with two days off (six-day working week with one day off).

7.4. The Employer is obliged to provide the Employee with time for rest in accordance with applicable law, namely:
- breaks during the working day (shift);
- daily (inter-shift) leave;
- days off (weekly continuous vacation);
- non-working holidays;
- holidays.

7.5. The Employer is obliged to provide the Employee with annual paid leave of the following duration:
- main vacation: ______ calendar days (at least 28 days);
- additional vacation: ______ days.

7.6. An employee may be granted unpaid leave in accordance with the current labor legislation.

8. TERMS OF PAYMENT

8.1. The Employer is obliged to pay the Employee's labor in accordance with this agreement, laws, other regulatory legal acts, collective agreements, agreements, local regulations.

8.2. This agreement establishes the following wages:
- the size of the tariff rate (or official salary);
- additional payments, allowances and incentive payments (specify).

8.3. Wages are paid in the currency of the Russian Federation (in rubles).

8.4. The Employer is obliged to pay wages directly to the Employee in the following terms:
(specify the period, but not less than every half a month).

8.5. The Employer is obliged to pay wages to the Employee (underline as appropriate):
- in the place of performance of work;
- by transfer to the bank account indicated 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 receives 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 carry out social insurance of the Employee, provided for by the current legislation.

9.2. Types and conditions of social insurance directly related to labor activity: _____________________.
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 carry out the following types of additional insurance for the Employee: _______________________.

10. RESPONSIBILITIES OF THE PARTIES

10.1. The party to the employment contract that caused damage to the other party compensates for this damage in accordance with applicable law.

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. TERM OF THE CONTRACT

11.1. This agreement comes into force from 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 this agreement is the date indicated at the beginning of this agreement.

12. DISPUTES RESOLUTION

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

13. OTHER CONDITIONS OF THE AGREEMENT

13.1. Doctors who have not worked in their specialty for more than five years may be admitted to practical medical activities after undergoing retraining at the relevant educational institutions or on the basis of a screening test conducted by commissions of professional medical associations.

13.2. Persons who have received medical training in foreign countries are allowed to practice medicine after an exam at the relevant educational institutions of the Russian Federation in the manner established by the Government of the Russian Federation, as well as after obtaining 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 violation of 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 unfair performance of their professional duties by medical workers, which caused harm to the health of citizens or their death, the damage is compensated in accordance with the law. Compensation for damages does not relieve medical workers from bringing them to disciplinary, administrative or criminal liability in accordance with the legislation of the Russian Federation, constituent entities of the Russian Federation.

13.5. Persons who, in accordance with the procedure established by law, have been transferred information constituting a medical secret, taking into account the damage caused to a citizen, shall bear disciplinary, administrative or criminal liability for the disclosure of medical secrets in accordance with the legislation of the Russian Federation, 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 labor duties or professional duty, they are compensated for the damage in the amount and in the manner established by the legislation of the Russian Federation.

13.7. In the event of the death of employees of the state and municipal health care systems in the performance of their labor duties or professional duty during the provision of medical care or scientific research, the families of the victims are paid a lump-sum cash allowance in the amount of 120 monthly official salaries.

13.8. Graduates of medical higher educational institutions who have arrived to work in rural medical and preventive institutions by referral are subject to the procedure and conditions for issuing a one-time allowance for household equipment, established for specialists who graduated from agricultural educational institutions.

13.9. The attending physician is a doctor who provides medical care to the patient during his observation and treatment in an outpatient or hospital facility.
The attending physician cannot be a doctor studying at a higher medical school 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 division). If the patient requests a replacement of the attending physician, the latter shall facilitate the selection of another physician.

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

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 prescriptions or internal rules 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, 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 the same 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, with the exception of 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 the current labor legislation.

[Full name of the employer] represented by [position title, full name], acting on the basis of the [Charter, regulation, power of attorney], hereinafter referred to as the "Employer", on the one hand and

Citizen (ka) of the Russian Federation [F. I. O. employee], hereinafter referred to as the "Employee", on the other hand, and collectively referred to as the "Parties", have concluded this agreement as follows:

1. Subject of the employment contract

1.1. The Employer instructs, and the Employee assumes the performance of labor duties as a massage nurse.

1.2. Working for the Employer is the [primary or part-time] place of work for the Employee.

1.3. The Employee's place of work is [address].

1.4. The employee must start work on [date, month, year].

1.5. The employment contract is concluded for [term].

1.6. In accordance with Art. 70 of the Labor Code of the Russian Federation, an employee is hired with the condition of a test in order to verify his compliance with the assigned work. The duration of the probationary period is [period] from the date of conclusion of this agreement. The criterion for passing the probationary period is the accurate and high-quality (complete, timely, etc.) performance of job duties.

2. Rights and obligations of an employee

2.1. The employee reports directly to [position title of immediate supervisor].

2.2. The employee is obliged:

2.2.1. Conscientiously fulfill their labor duties stipulated by the job description, this employment contract, as well as the orders and instructions of the Employer.

2.2.2. Take care of the property of the Employer, including the property of third parties held by the Employer, the property of other employees, patients.

2.2.3. Immediately notify the Employer or immediate supervisor of a situation that poses a threat to the life or health of patients, the safety of the property of the Employer or the property of third parties held by the Employer, the property of other employees, patients.

2.2.4. Observe labor discipline, internal labor regulations.

2.2.5. Comply with established work and labor standards.

2.2.6. Comply with the requirements of labor protection, safety and industrial sanitation.

2.2.7. To undergo periodic medical examinations carried out at the expense of the Employer.

2.2.8. Immediately inform the Employer about the impossibility of going to work, indicating the reasons.

2.2.9. Comply with the moral and legal standards of professional communication.

2.2.10. Ensure the infection safety of patients and medical staff, comply with the requirements of infection control in the massage parlor.

2.2.11. Maintain timely and quality medical records.

2.2.12. [Other duties provided for by the current Legislation].

2.3. The employee has the right to:

2.3.1. Providing him with the work stipulated by this contract.

2.3.2. Payment of wages in the amount and in the manner prescribed by this agreement.

2.3.3. Rest, the duration of which is determined in accordance with applicable law.

2.3.4. Reduced working hours.

2.3.5. Early appointment of an old-age labor pension.

2.3.6. Full reliable information about working conditions and labor protection requirements.

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

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

2.3.9. Mandatory social insurance.

2.3.10. Protection of professional honor and dignity.

2.3.11. Vocational training and professional development.

2.3.12. Associations, including the right to form trade unions and join them to protect their labor rights, freedoms and legitimate interests.

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

2.3.14. Resolution of individual and collective labor disputes, including the right to strike.

2.3.15. Participation in the management of the institution.

2.3.16. [Other rights under applicable Legislation].

3. Rights and obligations of the Employer

3.1. The employer is obliged:

3.1.1. Provide the Employee with work in accordance with the terms of this employment contract. The Employer is not entitled to require the Employee to perform duties (works) not stipulated by this employment contract.

3.1.2. Ensure safe working conditions in accordance with the requirements of the Safety Rules and the labor legislation of the Russian Federation.

3.1.3. Provide the Employee with everything necessary for the performance of their labor duties.

3.1.4. Pay wages to the Employee on time and in full.

3.1.5. To insure the Employee in the system of compulsory social insurance, as well as pay insurance premiums and other mandatory payments in the manner and in the amount determined by the current legislation of the Russian Federation.

3.1.6. Issue an insurance certificate of state pension insurance (for persons entering the workforce for the first time).

3.1.7. To familiarize the Employee with the collective agreement, internal labor regulations and other local regulations, as well as with all changes to these documents related to the Employee's work activities.

3.1.8. 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 conditions established by the current legislation of the Russian Federation.

3.1.9. [Other duties provided for by the current Legislation].

3.2. The employer has the right:

3.2.1. Require the Employee to fulfill his labor duties and respect the property of the Employer, including the property of third parties held by the Employer, the property of other employees, compliance with the Internal Labor Regulations and the Charter of the institution, local regulations.

3.2.2. Encourage the Employee for conscientious and efficient work in accordance with local regulations and the current legislation of the Russian Federation.

3.2.3. Bring the Employee to disciplinary and financial liability in cases provided for by the legislation of the Russian Federation.

3.2.4. Conduct collective bargaining and conclude collective agreements.

3.2.5. [Other rights under applicable Legislation].

4. Working time and rest time

4.1. The employee is set [number of days]-day working week.

Start time [hours] min], end [hour. min], break [duration].

Weekends [insert as appropriate].

4.2. The employee is granted an annual basic paid leave of 28 calendar days. Annual paid leave is provided in accordance with the current labor legislation of the Russian Federation.

4.3. The employee is granted annual additional paid leave of [value] calendar days. Annual additional paid leave is provided in accordance with the current labor legislation of the Russian Federation.

4.4. An employee may be granted unpaid leave in accordance with the current labor legislation of the Russian Federation.

5. Terms of remuneration

5.1. The salary of the Employee is [amount in figures and words] rubles per month.

5.2. Wages are paid twice a month: an advance payment (in proportion to hours worked) no later than [day of the month] and the remainder no later than [day of the month].

5.3. If the Employee fulfills his duties in good faith, he is paid an additional monthly bonus in the amount determined by the Employer at its discretion.

5.4. When performing work outside the normal working hours, at night, on weekends and non-working holidays, etc., the employee receives appropriate additional payments.

5.5. Weekend work and non-working holidays are paid double.

5.6. For the period of validity of this employment contract, the Employee is subject to all guarantees and compensations provided for by the current labor legislation of the Russian Federation.

6. Liability of the parties

6.1. In case of non-fulfillment or improper fulfillment by the Employee of his obligations specified in this agreement, violation of the labor legislation of the Russian Federation, as well as causing material damage to the Employer, he shall bear disciplinary, financial and other liability in accordance with the current legislation of the Russian Federation.

6.2. The employer bears material and other liability in accordance with the current legislation of the Russian Federation.

7. Termination of the employment contract

7.1. This employment contract may be terminated on the grounds established by the labor legislation of the Russian Federation.

7.2. A party that intends to terminate an employment contract early must notify the other Party of this at least [term].

8. Final provisions

8.1. The terms of this employment contract are legally binding on the Parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.

8.2. Individual labor disputes that are not settled by the Employee and the Employer independently are considered in court.

8.3. In all other respects that are not provided for by this agreement, the Parties are guided by the labor legislation of the Russian Federation.

8.4. The employment contract is made in two copies, each of which has the same legal force.

9. Details and signatures of the parties

I received a copy of the employment contract on [day, month, year] [employee's signature]

is it possible to conclude an agreement with a nurse, as with an individual, for a pre-trip medical examination. If so, what certificate should a nurse have. And where can I find such an agreement.

Yes, an organization can conclude an agreement with a medical worker or a contract, or arrange it as an external part-time job (How to conclude a civil law contract for the performance of work (rendering services) with a citizen, How to conclude a fixed-term employment contract).

An employee must undergo training under the program for training medical workers to conduct pre-trip medical examinations of vehicle drivers and receive a certificate based on the results of training for conducting medical examinations.

The rationale for this position is given below in the materials of the Glavbukh System

The dates and times of the pre-trip and post-trip medical examination of the driver are put down by the medical worker who conducted the examination. These data must also be certified by his signature (with full name) or an appropriate stamp.*

The chief accountant advises: if it is not possible to keep a doctor on staff, then you can conclude a contract with a medical worker. Or register it as an external part-time worker. This way you can avoid disputes with inspectors.*

Indeed, in practice, few people comply with the requirement that the medical worker who conducted the examination should put a mark on the waybill. Often, if there is no full-time doctor in the company, this is done not by a medical worker (as it should be according to the rules), but by one of his own, for example, the head of the transport department.

Attention: if they come to you with a check from Roszdravnadzor and see that the entries in the waybills were made not by a qualified doctor, but by someone else, the company may be accused of violating the order of the medical examination of the driver (Article 11.32 of the Code of Administrative Offenses of the Russian Federation). *

And this will be followed by an administrative fine:*

  • for an official (for example, for a manager) - from 2000 to 3000 rubles;
  • for an organization or entrepreneur - from 30,000 to 50,000 rubles.

Therefore, it is still safer to at least conclude an agreement with a health worker.*

In addition, for the absence of a mark on the driver's pre-trip medical examination in the waybill, the traffic police inspector may fine:

  • manager - 5000 rubles;
  • organization or entrepreneur - 30,000 rubles.

Such measures of responsibility are provided for by Part 2 of Article 12.31.1 of the Code of Administrative Offenses of the Russian Federation.

Sergei Razgulin,

Acting State Councilor of the Russian Federation, 3rd class

Who conducts medical examinations

The employer is obliged to organize medical examinations of employees by concluding an appropriate agreement with a medical institution (clause 6 of the Procedure approved) . At the same time, the medical institution must have a license for medical activities * ().

Also, the employer can conduct medical examinations (for example, pre-trip) in their own first-aid post, provided that the first-aid post has a license for medical activities and the right to conduct preliminary and periodic medical examinations (clause 46, part 1, article 12 of the Law of May 4, 2011 No. 99 -FZ, clause 4 of the Procedure approved by order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n) .

Situation: should the organization, when conducting medical examinations (including pre-trip) in its own first-aid post, obtain a license for this type of activity. Conducting medical examinations is not the main activity of the organization

Yes, you should.*

Medical activity is licensed (clause 46, part 1, article 12 of the Law of May 4, 2011 No. 99-FZ). Medical examinations (including pre-trip) are medical services subject to licensing (list to the Regulation approved). The legislation on licensing does not provide for any exceptions for medical activities carried out for one's own needs. Therefore, when conducting medical examinations (including pre-trip ones) in your own first-aid post, you must obtain a license for this type of activity.*

A similar point of view is shared by the Ministry of Economic Development of Russia in a letter dated December 22, 2008 No. D05-5875.

It is confirmed by arbitration practice (see, for example, the decisions of the Federal Antimonopoly Service of the Ural District dated July 24, 2008 No. F09-5320 / 08-C1, the North Caucasian District dated May 8, 2007 No. F08-1326 / 2007-564A, dated 3 April 2007 No. F08-1329 / 2007-563A and April 25, 2007 No. F08-2076 / 2007-853A).

It should be noted that until May 1, 2012, this issue was controversial. Since the earlier Regulation on Licensing Medical Activities required medical institutions to obtain a license (organizations of the state, municipal healthcare system), as well as organizations that provided medical services on an ongoing basis for profit (private healthcare system). This conclusion was confirmed by paragraph 2 of the Regulation, approved by Decree of the Government of the Russian Federation of January 22, 2007 No. 30.

It followed from this that organizations that conduct medical examinations in their own first-aid post only of their employees do not need to obtain licenses.

The legality of this approach was also confirmed by the courts (see, for example, the decisions of the Federal Antimonopoly Service of the Moscow District dated March 17, 2010 No. KA-A40 / 2021-10, the North Caucasian District dated August 5, 2009 No. A53-3470 / 2009, the Far Eastern District dated March 17, 2009 No. F03-185 / 2009, West Siberian District dated March 5, 2009 No. F04-1311 / 2009 (1741-A45-43) , Volga District dated July 5, 2007 No. A12-2901 / 07).

in commercial organizations

Thus, all organizations engaged in one form or another of medical activities named in the list to the Regulation approved by Decree of the Government of the Russian Federation of April 16, 2012 No. 291 are required to obtain a license. An exception is provided only for organizations of the private healthcare system located on the territory of the Skolkovo Innovation Center.

If the organization independently conducts a pre-trip medical examination, it is necessary that only medical workers do this. At the same time, they must undergo training under the program for training medical workers to conduct pre-trip medical examinations of vehicle drivers and receive a certificate based on the results of the training. Such requirements are specified in the letter of the Ministry of Health of Russia dated August 21, 2003 No. 2510 / 9468-03-32. *

Thus, if an employee of an organization has only a diploma of medical education, but does not have the appropriate certificate, then he is not entitled to conduct mandatory medical examinations.

The requirement for the qualifications of employees is not the only one when conducting a medical examination on their own.

Nina Kovyazina,

deputy director of the department

education and human resources of the Ministry of Health of Russia

3. Reference article: Medical worker- This:*
- a person who has a medical or other education, works in a medical organization and whose labor (official) duties include the implementation of medical activities;
- an individual entrepreneur directly engaged in medical activities.

The form of the document "Exemplary form of an employment contract with a medical worker" refers to the heading "Employment contract, labor contract". Save a link to the document on social networks or download it to your computer.

Labor contract

with a healthcare professional

_______________________ "__" _____________ 20__

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

___________________________________________________________________

(full name of employer)

represented by _______________________ _______________________________________________,

(position title) (full name)

acting on the basis ______________________________________________,

(Charter, Regulations, Powers of Attorney)

hereinafter referred to as the "Employer", on the one hand, and

Hereinafter referred to as the "Employee",

on the other hand, and collectively referred to as the "Parties", have entered into this agreement

thief about the following:

1. The Subject of the Agreement

1.1. The employee undertakes to provide qualified medical assistance

power in their specialty, using modern methods of prevention,

diagnostics, treatment and rehabilitation, approved for use in medical

Qing practice, obeying the internal labor regulations in ________

________________________________________________________________________,

(place of work)

a The employer undertakes to provide him with the necessary working conditions,

stipulated by labor legislation, as well as timely and complete

payment of wages.

1.2. The employment contract is concluded on ________________________________.

(term of the employment contract)

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

1.4. The period of probation for employment is _______________

Month___.

1.5. Work for the Employer is for the Employee _________________

(basic or

part-time)

place of work.

2. Rights and Obligations of the parties

2.1. The employee has the right to:

Providing him with the work stipulated by this contract;

Payment of wages in the amount and in the manner prescribed

this agreement;

Complete, reliable information about working conditions and requirements

labor protection;

Protection of their labor rights, freedoms and legitimate interests by all is not

in ways prohibited by law;

Compensation for harm caused to him in connection with the performance of labor

obligations, and compensation for non-pecuniary damage in the manner prescribed by

the Labor Code of the Russian Federation, other federal laws;

Mandatory social insurance.

2.2. The employee is obliged:

To conscientiously fulfill their duties stipulated by the

nasal instruction;

Observe labor discipline;

Take care of the property of the Employer and other employees;

Systematically improve your skills.

2.3. The employer has the right:

Encourage the Employee for conscientious, efficient work;

Require the Employee to fulfill his labor duties and

careful attitude to the property of the Employer and other employees, observed

niya of labor discipline;

Bring the Employee to disciplinary and financial responsibility

in the manner prescribed by the Labor Code and other federal laws

2.4. The employer is obliged:

Comply with labor laws and other regulatory legal

Viya collective agreement, agreements and labor contract;

Provide the Employee with the work stipulated by this agreement;

Ensure safety and working conditions corresponding to the state

gift regulatory requirements for labor protection;

Provide the Employee with equipment, tools, technical

documentation and other means necessary for the performance of his labor

responsibilities;

Pay in full the wages due to the Employee

payment within the terms established by this agreement;

To acquaint the Employee against signature with the accepted local norms

tive acts directly related to his labor activity;

Provide for the daily needs of the Employee related to the performance of

work responsibilities;

Carry out compulsory social insurance of the Employee in

the order established by federal laws;

Compensate for harm caused to the Employee in connection with the execution of

labor duties, as well as compensate for moral damage in the manner and

on the terms established by the current legislation of the Russian Federation.

2.5. The parties have other rights and perform other obligations, provided

subject to current labor laws.

3. Working time and rest time

3.1. The employee is set __________ - daily working week.

Start time - ___ hours, finish - ___ hours, break - ____ hours.

Weekend - ___________________________________________________.

3.2. The employee is provided with an annual basic paid salary

launch lasting 28 calendar days. Annual paid from-

start-up is provided in accordance with the current legislation on

3.3. The employee is provided with an annual additional payment

my vacation lasting ______ calendar days. Annual additional

paid leave is provided in accordance with the current

labor legislation.

3.4. An employee may be granted leave without pay.

payment in accordance with the current labor legislation.

4. Terms of remuneration

4.1. The employee is paid _________.

(________________________________) rubles per month.

4.2. For conscientious performance of labor duties to the employee

paid a monthly bonus in the amount of ______________ rubles.

4.3. Wages are paid to the Employee twice a month at

procedure and terms established by the internal labor regulations

and collective agreement.

4.4. When performing work outside of normal hours,

during working hours, at night, weekends and non-working holidays

days, when combining professions (positions), in the performance of duties

temporarily absent employee The employee is subject to appropriate

additional payments in the manner and amount established by the collective agreement and

local regulations.

4.5. For the period of validity of this employment contract for the Employee

all warranties and indemnifications provided for by the current

labor legislation of the Russian Federation.

5. Responsibility of the Parties

5.1. In case of non-performance or improper performance by the Employee

their duties specified in this employment contract and official

instructions, violations of the labor legislation of the Russian Federation, as well as causing

To the employer of material damage, he bears disciplinary, material and

other liability in accordance with the current legislation of the Russian Federation.

5.2. The medical worker is responsible for violations of the rights

citizens in the field of health protection, resulting from non-fulfillment or

improper performance by him of his professional duties, in accordance with

in accordance with the legislation of the Russian Federation.

5.3. The Employer bears to the Employee material and other

responsibility in accordance with the current legislation of the Russian Federation.

6. Final provisions

6.1. Disputes between the Parties arising from the execution of this

employment contract are considered in the manner prescribed by the Labor Code

Code of the Russian Federation and other federal laws.

6.2. In all other respects that are not provided for by this labor document

speaking, the Parties are guided by the legislation of the Russian Federation, which regulates labor

new relationships.

6.3. The employment contract is concluded in writing, drawn up in two

copies, each of which has the same legal force. All from-

changes and additions to this employment contract are drawn up two-

prior written agreement.

6.4. This employment contract may be terminated on the grounds,

provided by the current labor legislation.

7. Details and signatures of the Parties

Employer:____________________________________________________________

(full name)

TIN _______________

____________________________ ___________________ ________________________

(name of the position of the person, (signature) (full name)

signatory of the contract)

Employee:________________________________________________________________

passport: series _______________________, N _______________________

issued _________________________________ "___" ___________ 200 __

department code: _________________________________________________

registered at: ________________________________________________

I received a copy of the employment contract.

______________________________

(signature)

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"HR officer. Personnel office work", 2011, N N 3, 4

EMPLOYMENT CONTRACTS WITH MEDICAL WORKERS

To date, there have been significant changes in labor legislation. New forms of organization and remuneration of labor have been introduced, the powers of enterprises and institutions in the field of wage regulation have been expanded. The article tells 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 labor 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 of the 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 identity document;

work book;

Insurance certificate of state pension insurance;

Documents of military registration - for persons liable for military service and persons subject to conscription for military service;

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

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

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

So, for example, the workplace of doctors of narrow specialties (surgeons, neuropathologists, otolaryngologists, ophthalmologists, etc.) of outpatient clinics is, as a rule, offices in the relevant departments, and doctors and other medical workers of emergency medical institutions - an ambulance and the location of the patient - an apartment, an accident site, etc., which is of great importance when deciding whether to transfer or relocate 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 the labor function and changes in working conditions (for example, in the length of the working day, the duration of the vacation).

And one more feature - the names of the positions of medical workers can only be such as it was established by the state with special qualification requirements. In a word, it is impossible to name the positions of a health worker arbitrarily.

For example, any organization can name its positions whatever you like, but if it obtains a license for medical activities and employs medical personnel, then the names of their positions, qualification characteristics for this medical personnel can be strictly according to the requirements established by the state. This, in particular, ensures the early right to pension provision. So, medical workers have the right to early retirement, regardless of age, when working out the number of years established by law - 30 and 25 years of experience in the medical specialty, depending on the area in which he worked: in 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 the positions, is determined by the Order of the Ministry of Health and Social Development of Russia of 04/23/2009 N 210n, and the Qualification requirements for this Nomenclature are established by the Order of the Ministry of Health and Social Development of Russia of 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, head physician, etc.). It is also necessary to emphasize his narrow specialty (therapist, radiologist, oculist, surgeon, etc.).

An agreement is considered reached only if there is an agreement on these two features that characterize the functions of a doctor.

For the majority of doctors, reaching an agreement on admission and employment in a particular medical institution in a particular specialty also means that they have additional responsibilities. So, for example, in addition to the main work, the intern of the hospital, at the expense of the monthly norm of working time, without additional payment, must carry out two shifts; maternity hospital intern - four; polyclinic doctor - one duty. In the same way, a doctor who enters a polyclinic is obliged, in addition to medical work, to conduct sanitary-educational and other preventive work. The very fact of indicating the position of a medical worker determines the scope of his duties, including additional ones. Therefore, the employment function agreement may not contain an indication that the medical worker will perform various additional duties.

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

Changing the terms of the employment contract, transfers, relocations

and suspension from work

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

Moving a healthcare worker from work

in one specialty to work in another specialty

In health care, a fairly detailed differentiation of medical specialties has been established, there are a large number of their names and the names of medical positions. At the same time, each medical position is characterized by at least two components: an indication of the profession "doctor" and a medical specialty, for example, a general practitioner. Thus, a doctor with the specialty "Therapy" is admitted to such positions as a district general practitioner, a teenage general practitioner, a district general practitioner of a shop medical department, a health center doctor, and a ship's doctor.

The main component of these medical positions, which characterizes their job function, is their main medical specialty - therapy, and although it remains unchanged in these positions, any change in the position within the main specialty is a transfer, since other components are provided in the name of these positions, such as : precinct, adolescent and others, which to a certain extent distinguish the labor function of these general practitioners.

If a general practitioner is dismissed 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 duties and, as a rule, working conditions.

Changing the structural unit according to its 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 in its profile is a transfer to another permanent job, if it was indicated in the employment contract. However, for medical workers, a change in the structural unit by 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 the other - by changing the terms of the employment contract determined by the parties, if it was not indicated.

Changing scope of work

For example, a dentist works full-time, but due to a reduction in volume, he is assigned the same job, but part-time.

Movement between institutions

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

Translation from medical work

The transfer of a medical worker from medical work to a job corresponding to his experience and qualifications, but not related to the treatment of patients, may take place, for example, when a head of a department is appointed, in which, in addition to fulfilling the duties of managing the department, he performs the work of a doctor in the amount of 50% of within 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 transfers to another permanent job of medical workers in connection with the state of health, as well as in cases of their release due to a reduction in the number or staff, liquidation of institutions. Probably, in such cases, first of all, it is necessary to determine what kind of work and in what positions and specialties they are able to perform, 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 07/22/1993 N 5487-1 (as amended on 09/28/2010, hereinafter - the Fundamentals). And only after passing it, they are transferred with their consent to the positions for which they received retraining.

Regardless of the consent of the employee, 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 even sometimes at the same time to a large number of victims, temporary transfers of medical workers, allowed both with a change in work function and without change (both with the consent of the employee, and without it), should be allowed only in within their professions. In these cases, for the vast majority of physicians and other health workers, this may most often be another job not in their specialty, but, as a rule, within the profession of a medical worker. For example: during the effective fight against acute infectious diseases, the administration of medical institutions entrusts the work of a district doctor to other specialists (for example, a physiotherapist). In these cases, the transfer of doctors and nurses in polyclinics is not always issued by order, and meanwhile, the administration has been 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 same issue is being addressed in hospitals.

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

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

Dismissal

The dismissal of medical workers, as well as transfers, are carried out in compliance with general rules, that is, in cases and in the manner prescribed by law.

The increased requirements for medical workers, i.e. the need to have a special education, determines the presence of some specifics in matters 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 duties assigned to him. Otherwise, the issue is resolved in relation to medical workers. To occupy medical positions, the presence of a special medical education is mandatory. Enrollment in these positions of persons who do not have the appropriate education is a gross violation of the law, and, therefore, these persons are subject to dismissal.

Some authors propose to legislate the dismissal for a single improper performance of medical duties by medical staff, which caused or could cause serious consequences for the patient's health. The estimated concept of the severity of the 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 case of impossibility to perform professional duties for health reasons, as well as in cases of dismissal of employees due to a reduction in the number or staff, liquidation of enterprises, institutions and organizations, these employees have the right to retraining in accordance with paragraph 6 of Art. 63 Fundamentals.

Therefore, the termination of the employment contract with a medical worker under paragraph 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 agreed to retrain in another specialty or to transfer to another job in the specialty he received during retraining.

Termination of the employment contract in case of inconsistency of the doctor or other medical worker with the position held or work performed due to insufficient qualifications, confirmed by the results of certification, provided for in paragraph 3 of part 1 of Art. 81 of the Labor Code of the Russian Federation, is not properly regulated by law. So, from the content of Part 2 of Art. 81 of the Labor Code of the Russian Federation, it is clear that any healthcare institution can establish the procedure for certification. However, the vast majority of health care 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 a certified doctor in this institution may be the only specialist in a particular medical specialty.

Another feature of the termination of an employment contract with doctors and other medical workers on the indicated basis is that their dismissal will not be lawful if they do not previously (before dismissal) go through cycles of advanced training, improvement - internships and retraining on time.

In this regard, it is concluded that the termination of the employment contract under paragraph 3 of part 1 of 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 the cycles of advanced training, improvement - internships and retraining in a timely manner.

Particular attention is paid to such a basis for termination of an employment contract as the disclosure of secrets protected by law. Since from the content of paragraphs. "c" p. 6 h. 1 art. 81 of the Labor Code of the Russian Federation, it is not clear whether medical secrecy belongs to a "other" secret or not, and its significance cannot be exaggerated, since it is associated with a guarantee of 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 for the grounds for terminating the employment contract - in the event of disclosure of information classified as a medical secret protected by law.

Sample Sample

Labor contract

with a healthcare professional (doctor)

_____________________ "___" ____________ 20__

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

1. Parties to the agreement

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

2. Subject of the contract

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

2.2. The agreement is (underline as appropriate):

Contract for the main work;

A partnership agreement.

3. Contract term

3.1. This agreement is concluded for:

Indefinite term;

Certain term

(indicate the period 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 fixed 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 period of probation 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 a job stipulated by an employment contract.

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

4.1.3. Full reliable information about working conditions and labor protection requirements at the workplace.

4.1.4. Protection of personal data.

4.1.5. Hours of work in accordance with applicable law.

4.1.6. Time relax.

4.1.7. Pay 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 to suspend work for the entire period until the payment of the delayed amount with a notice to the Employer in writing, except as 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 form 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 conclusion of collective agreements and agreements through their representatives, as well as information on the implementation of the collective agreement, agreements.

4.1.15. Protection of their 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 prescribed by the Labor Code of the Russian Federation, other federal laws.

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

4.1.18. Compulsory social insurance in cases stipulated by federal laws.

4.1.19. Protecting 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 mistake, as a result of which harm or damage to the health of a citizen was caused, not related to the negligent or negligent performance of professional duties by him.

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 that are permitted for use in accordance with the procedure established by law.

4.1.24. Use in the interest of curing a patient of methods of diagnostics, treatment and medicinal products that are not permitted for use, but are under consideration in the established manner, only after obtaining his voluntary written consent (methods of diagnosis, treatment and medicinal funds can be used for the treatment of persons under the age of 15 years, only with an immediate threat to their lives and with the written consent of their legal representatives).

4.1.25. Issuance of prescriptions for drug provision of citizens on preferential terms.

4.1.26. Perform an examination of temporary incapacity for work, single-handedly issue certificates of incapacity for work to citizens for up to 30 days.

4.1.27. When examining temporary disability, determine the need for and timing of temporary or permanent transfer of an employee for health reasons to another job, as well as 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. The use of traditional medicine methods in medical 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 a medical secret to other citizens, including officials, in the interests of examining and treating a patient, for conducting scientific research, publishing in scientific literature, using this information in the educational process and in other purposes.

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

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

2) with the threat of the spread of infectious diseases, mass poisoning and lesions;

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

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 for believing that harm to the health of a citizen was caused as a result of unlawful actions.

(Other rights in accordance with applicable law.)

4.2. The employee is obliged:

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

4.2.2. Observe labor discipline.

4.2.3. Comply with internal labor regulations.

4.2.4. Do not disclose secrets protected by law (state, official, commercial and 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. Take care of 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 the damage caused to the Employer.

4.2.10. Immediately notify the Employer or immediate supervisor 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).

4.2.11. Provide every citizen in an accessible form 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, methods of treatment, the risks associated with them, 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 delicate form to the citizen and members of his family, unless the citizen forbade informing them of this and (or) appointed the person to whom such information should be transmitted.

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

4.2.13. Not to perform medical intervention or stop it if a citizen or his legal representative refused medical intervention or demanded its termination, except as provided by law.

4.2.14. Explain the possible consequences to a citizen or his legal representative in a form accessible to him when refusing medical intervention. Refusal of medical intervention with an indication of possible consequences is documented in the medical records and signed by a citizen or his legal representative, as well as a medical worker.

4.2.15. To provide medical assistance (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 prescribed 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 (council), and the decision to hospitalize citizens without their consent or the consent of their legal representatives is made by the court.

4.2.16. To provide citizens with emergency medical care in conditions requiring urgent medical intervention (in case of accidents, injuries, poisoning and other conditions and diseases), without delay in medical institutions, regardless of territorial, departmental subordination and form of ownership.

4.2.17. Do not carry out euthanasia - satisfaction of the patient's request to hasten his death by any actions or means, including the termination of artificial life-sustaining measures.

4.2.18. To harvest 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 issuing a certificate of incapacity for work, information about the diagnosis of the disease, in order to maintain medical secrecy, should be entered with the consent of the patient, and in case of his disagreement, indicate only the cause of disability (illness, injury or other reason).

4.2.20. Not to allow disclosure of information constituting a medical secret, except in cases established by law (information about the fact of applying for medical care, the state of health of a citizen, the diagnosis of his illness and other information obtained during his examination and treatment, constitute a medical secret. A citizen must be confirmed by a guarantee confidentiality of the information they share).

5. Rights and obligations of the Employer

5.1. The employer has the right:

5.1.1. Encourage the Employee for conscientious, efficient work.

5.1.2. Require the Employee to fulfill his labor duties and respect 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, compliance with the internal labor regulations.

5.1.3. Bring the Employee to disciplinary and financial liability in the manner prescribed by the Labor Code of the Russian Federation, 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 labor 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 requirements for labor protection.

5.2.4. Provide the Employee with equipment, tools, technical documentation and other means necessary for the performance of his job duties.

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

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

5.2.7. To acquaint the Employee against signature with the adopted local regulations directly related to his work activity.

5.2.8. Provide for the daily needs of the Employee related to the performance of their labor duties.

5.2.9. Carry out compulsory social insurance of the Employee in the manner prescribed 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 obligations stipulated by this agreement, labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations (other obligations stipulated by the Labor Code of the Russian Federation, federal laws and other regulatory legal acts containing labor law norms, collective bargaining agreements).

6. Guarantees and compensations

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

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

7. Mode of work and rest

7.1. The employee is obliged to fulfill the labor duties provided for in clause 2.1, section 4 of this contract, within the time period established in accordance with the internal labor regulations, as well as at other times that the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation Federations refer to working time.

7.2. The duration of the working time provided for in clause 7.1 of this agreement may not exceed 39 hours per week.

7.3. The employee is set a five-day working week with two days off (six-day working week with one day off).

7.4. The Employer is obliged to provide the Employee with time for rest in accordance with applicable law, namely:

Breaks during the working day (shift);

Daily (inter-shift) leave;

Days off (weekly continuous vacation);

Non-working holidays;

Vacations.

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

Main vacation: ______ calendar days (at least 28 days);

Additional leave: ______ days.

7.6. An employee may be granted unpaid leave in accordance with the current labor legislation.

8. Terms of remuneration

8.1. The Employer is obliged to pay the Employee's labor in accordance with this agreement, laws, other regulatory legal acts, collective agreements, agreements, local regulations.

8.2. This agreement establishes the following wages:

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

Additional payments, allowances and incentive payments (specify).

8.3. Wages are paid in the currency of the Russian Federation (in rubles).

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

(specify the period, but not less than every half a month).

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

in the place where they perform their 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 receives 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 carry out social insurance of the Employee, provided for by the current legislation.

9.2. Types and conditions of social insurance directly related to labor activity: ____________________________________________________.

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 carry out the following types of additional insurance for the Employee: ____________________________________________________________________________.

10. Liability of the parties

10.1. The party to the employment contract that caused damage to the other party compensates for this damage in accordance with applicable law.

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 from 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 this agreement is the date indicated at the beginning of this agreement.

12. Procedure for resolving disputes

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

13. Other terms of the contract

13.1. Doctors who have not worked in their specialty for more than five years may be admitted to practical medical activities after undergoing retraining at the relevant educational institutions or on the basis of a screening test conducted by commissions of professional medical associations.

13.2. Persons who have received medical training in foreign countries are allowed to practice medicine after an exam at the relevant educational institutions of the Russian Federation in the manner established by the Government of the Russian Federation, as well as after obtaining 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 violation of 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 unfair performance of their professional duties by medical workers, which caused harm to the health of citizens or their death, the damage is compensated in accordance with the law. Compensation for damages does not relieve medical workers from bringing them to disciplinary, administrative or criminal liability in accordance with the legislation of the Russian Federation, constituent entities of the Russian Federation.

13.5. Persons who, in accordance with the procedure established by law, have been transferred information constituting a medical secret, taking into account the damage caused to a citizen, shall bear disciplinary, administrative or criminal liability for the disclosure of medical secrets in accordance with the legislation of the Russian Federation, 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 labor duties or professional duty, they are compensated for the damage in the amount and in the manner established by the legislation of the Russian Federation.

13.7. In the event of the death of employees of the state and municipal health care systems in the performance of their labor duties or professional duty during the provision of medical care or scientific research, the families of the victims are paid a lump-sum cash allowance in the amount of 120 monthly official salaries.

13.8. Graduates of medical higher educational institutions who have arrived to work in rural medical and preventive institutions by referral are subject to the procedure and conditions for issuing a one-time allowance for household equipment, established for specialists who graduated from agricultural educational institutions.

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

The attending physician cannot be a doctor studying at a higher medical school 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 division). If the patient requests a replacement of the attending physician, the latter shall facilitate the selection of another physician.

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

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 prescriptions or internal rules 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, 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 the same 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, with the exception of 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 the 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. Surname Signature I. O. Surname

00.00.0000 00.00.0000

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

00.00.0000

Working hours

and rest time of medical workers

In this section of the employment contract, the time and frequency of the employee's performance of the labor function, the duration of the working week, weekly work depending on the five- or six-day working week, the duration of the annual paid leave, as well as the nature of the employee's working conditions (harmful or normal) must be indicated.

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

According to the duration of work per day, health care institutions are divided into institutions:

with round-the-clock continuous operation;

with a round-the-clock continuous weekly period of work;

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 polyclinics, antenatal clinics, pharmacies, pharmacy kiosks, etc.

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

1) employees with normal working hours;

2) workers with reduced hours of work.

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

For the main, leading categories of health workers, that is, for the vast majority of medical personnel, a reduced working time of no more than 39 hours per week has been established. 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 a 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, the category of medical workers, the contingent of patients served, the presence of harmful working conditions or special tension at work. The working time of medical workers is determined by the Government of the Russian Federation. Currently, for these purposes, the Decree of February 14, 2003 N 101 "On the working hours of medical workers depending on their position and (or) specialty" is applied (as amended on February 1, 2005, hereinafter - Decree N 101).

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

36 hours a week are set for health workers:

Infectious hospitals, departments, wards, offices; skin and venereal dispensaries, departments, offices;

Leprosoriev;

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

Stations and departments of blood transfusion;

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

Organizations, institutions of healthcare and social services for the population and some others.

33 hours a week are set for health workers:

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

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

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

30 hours a week are provided to health workers:

Working with radioactive substances and sources of ionizing radiation;

Pathological and anatomical departments of bureaus (institutes), departments, laboratories, prosectors, morgues;

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

24 hours a week - to medical workers who directly carry out gamma therapy and experimental gamma irradiation with gamma preparations in radiomanipulation rooms and laboratories.

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

A working day lasting 5.5 hours is established for doctors of outpatient clinics who are exclusively engaged in outpatient admission of patients; dentists (with the exception of hospital dentists-surgeons); dentists and dental prosthetists, as well as doctors and paramedical staff, during the whole working time working on medical ultra-high frequency (UHF) generators with a power of over 200 watts.

In accordance with Decree N 101, many paramedical workers of health care 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, 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 harmful working conditions, many categories of workers in pharmacies have a reduced 6-hour working day with a 6-day working week. The length of their working day depends on whether they are directly involved in the manufacture and control of medicines, packaging and preparation of 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 peculiarities of the performance of 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 of December 30, 1998 N 1588 established that 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.

Part-time medical workers

Part-time workers work in almost any medical organization. Forming a relationship with them has its own specific features. Here it is necessary to know not only the general issues of part-time work, but also to thoroughly understand the nuances regarding 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 this case, we are talking about medical institutions of the public health system.

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

For persons working part-time (internal or external), the legislator has established a limit on the duration of working hours established 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 of working hours for part-time work have been significantly changed, in the direction of increase. Now, instead of the "maximum weekly norm - 16 hours", the norm is applied: "during one month (another accounting period), the duration of working hours when working part-time should not exceed half the monthly norm of working hours (the norm of working hours for another accounting period) established for relevant category of workers. At the same time, on days when the employee is free from the performance of labor duties at the main place of work, he can work part-time full-time (shift), i.e. more than 4 hours a day.

When drawing up labor contracts with medical workers on part-time work, one should be guided by the provisions of the Labor Code of the Russian Federation and the Decree of the Ministry of Labor of Russia dated 06/30/2003 N 41 "On the features of part-time work of pedagogical, medical and pharmaceutical workers and cultural workers" (hereinafter - Decree N 41). This is the most complete regulatory document regulating relations in the area under consideration.

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

a) these categories of employees have the right to work part-time, i.e. perform other regular paid work on the terms of an employment contract in their free time from their main job at their main place of work or in other organizations, including in a similar position, 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 the 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 of the monthly norm of working time, calculated from the established duration of the working week;

For doctors and paramedical personnel of cities, regions and other municipalities where there is a shortage of them - the monthly norm of working time, calculated from the established duration of the working week;

For junior medical and pharmaceutical personnel - the monthly norm of working hours, calculated from the established duration 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 in urban-type settlements.

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

In accordance with paragraph 2 of Resolution N 41, the following types of work are not considered part-time jobs for the categories of workers in question and do not require the conclusion (execution) of an employment contract (and, accordingly, the issuance of an employment order and the establishment of a personal card):

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

Pedagogical work on the terms of hourly payment in the amount of not more than 300 hours per year;

Consulting by highly qualified specialists in institutions and other organizations in the amount of not more than 300 hours per year;

The implementation by employees who are not on the staff of the institution (organization), the management of graduate students and doctoral students, as well as the head of the department, the management of the faculty of an educational institution with additional payment by agreement between the employee and the employer.

Decree N 41 finally allowed state employees to earn extra money in their own organization. Previously, this was not allowed. The regulation meets the interests of both employees 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 staff actually work part-time. That is why it became necessary to legalize this situation and adopt rules that additionally regulate such relations.

Now the restrictions for part-timers have been lifted. A doctor can earn extra money in his specialty in his own medical institution. Decree N 41 even allows them to combine similar positions. Another plus: now you can 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 jobs 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 a different employment contract (internal part-time job) in several positions at once? For example: if a general practitioner asks to work part-time up to 0.25 of the rate as a cardiologist and up to 0.25 of the rate as a functional diagnostics doctor. How to formalize an employment relationship 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 another regular paid job on the terms of an employment contract in his spare time from his main job.

Special rules are 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 norm of working time for the following categories of workers: doctors and paramedical personnel of cities, regions and other municipalities where there is a shortage of them.

With the written consent of the employee, he may be entrusted with the performance during the established duration of the working day (shift), along with the work specified in the employment contract, additional work in another or the same profession (position) for additional payment (Article 60.2 of the Labor Code of the Russian Federation). It is necessary to draw up an additional agreement to the employment contract, in which it is necessary to prescribe what kind of work the doctor should perform and on what conditions (term, payment, etc.). On the basis of an additional agreement signed by both parties to the employment contract, an order is issued on the assignment of duties. This is the case if the work is performed during the working day (shift) established by the employment contract. If the doctor performs this work in his spare time from his main job, then this is an internal part-time job (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 a part-time job.

With individuals working on a full-time part-time basis 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 being developed and partly already under way, 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 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 own personnel policy, coordinating it with the requirements of the current labor legislation and the peculiarities of the work of medical workers.

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

The more detailed the employment contract is, the more understandable the mutual obligations and rights of the parties will be, the less disputes and questions it will cause in the future. Unfortunately, many commercial medical centers enter into rather primitive employment 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 the judiciary are involved as an "arbiter", which, however, almost always on the side of the employee.

According to the current legislation in the field of labor and the established judicial practice, an employment contract that formalizes labor relations in a commercial medical clinic, center, company, etc., has the right to include requirements for the employee’s knowledge in the course of work, namely, the employee’s duty to know:

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

Methods of providing emergency medical care;

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

Modern methods of diagnostics, treatment and drug provision of patients;

The latest methods, technological methods of treatment, diagnostics and drug provision of patients allowed 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 use by 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 norms of the clinic;

Fundamentals of medical and labor expertise;

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

Fundamentals of the functioning of budget-insurance and commercial medicine and the provision of sanitary, preventive and medicinal assistance to the population;

Legislation on labor and labor protection of the Russian Federation;

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

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

The requirements for nursing staff may be lower, but for workers, for example, those hired for the position of chief (senior) nurse, the amount of knowledge required can be specified. For example, the list of required knowledge may include:

The procedure for scheduling work and placement of 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 and epidemiological service;

Organization of health education, hygienic education of the population, promotion of a healthy lifestyle.

Job responsibilities of the employee should be fixed in the employment contract in the most careful way. Reference in the text of the employment contract to the job description is allowed only if the job description itself is attached as an integral part of the employment contract.

Sample Sample

JOB INSTRUCTIONS FOR THE DISTRICT THERAPIST

I. General part

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

Appointment and dismissal of the local general practitioner is carried out by the chief physician of the polyclinic in accordance with applicable law.

The local general practitioner in his work reports directly to the head of the therapeutic department, in case of his absence - to the deputy chief physician of the polyclinic for the medical part.

The local general practitioner is subordinate to the district nurse working under his leadership.

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

II. Responsibilities

In order to perform his functions, the district physician-therapist must:

1. Carry out outpatient reception of patients in accordance with the schedule approved by the administration of the polyclinic, regulating the flow of visitors through the rational distribution of repeated patients.

2. Visit patients at home on the day of the call.

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 acute conditions, injuries, poisoning.

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

6. Timely hospitalization of 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 polyclinic and other health care institutions.

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

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

10. Ensure the organization and conduct of preventive vaccinations of the population of the site.

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

12. Carry out preventive examinations in accordance with the established procedure and according to the schedule approved by the administration of the polyclinic.

13. Follow the principles of deontology in your work.

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

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

16. To carry out active and systematic sanitary-educational work among the population on the issues of a healthy lifestyle and the prevention of diseases of the site.

17. Keep medical records of outpatients, write out prescriptions.

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

The local general practitioner has the right to:

Make proposals to the administration of the polyclinic on improving the organization of medical and preventive care for 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 therapeutic and preventive measures based on the patient's condition;

Receive information necessary for the performance of official duties;

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

IV. Job evaluation and responsibility

Evaluation of the work of the local general practitioner is carried out by the head of the therapeutic department based on the results of work for the quarter (year) on the basis of 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, 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 applicable law.

So, in the employment contract, in terms of duties, it is allowed to indicate the following duties of the employee (skills, abilities):

Fulfillment of duties stipulated by the current job description;

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

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

Compliance with the principles of medical ethics and deontology;

Raising the professional level and qualifications;

Respect for the property of the clinic and other employees;

Managing the work of paramedical personnel;

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

Compliance with medical confidentiality;

Compliance with the trade secrets of the clinic on the terms determined by the employment contract and local regulations (in particular, the obligation not to give interviews, not to hold negotiations, meetings related to the activities of the clinic, without the direct permission of the clinic's management);

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

The obligation to communicate with clinic clients, colleagues, paramedical staff, other clinic staff, clinic management to maintain a business style of communication;

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

Compliance with the established Rules of internal labor regulations, the Regulations on the confidentiality of information constituting a commercial secret of the clinic, industrial and financial discipline, conscientious attitude to the performance of their duties.

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

The need for an employee to manage the medical activities of the clinic in accordance with the current legislation that determines the activities of healthcare bodies, institutions and enterprises; representation of the clinic in state, judicial, insurance and arbitration bodies, along with the director (general director of the clinic);

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

Ensuring the organization of medical, preventive, administrative 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 an assessment of its performance, the need to take the necessary measures to improve the forms and methods of the clinic;

Responsibilities for monitoring the implementation of internal labor regulations, safety, labor protection, technical operation of instruments, equipment and mechanisms.

Job responsibilities of nursing staff may include:

Caring for the clinic's clients (patients), taking into account the inpatient or outpatient nature of the clinic's services;

Providing clients of the clinic (patients) with pre-hospital medical care;

Sampling of biological materials for laboratory research, conducting simple analyzes;

Implementation of 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;

Carrying out sanitary-educational work among clients (patients) and their relatives.

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

Ensuring the rational organization of labor of middle and junior medical personnel, improving their skills;

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

Keeping records of their spending;

Control over the work of middle and junior medical personnel, over the fulfillment of medical appointments by middle medical personnel, control over the sanitary and hygienic condition of the clinic premises, timeliness and quality of disinfection of premises.

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

In conclusion, it must be said that the peculiarity of labor relations in medicine lies in the fact that the Labor Code of the Russian Federation has only one article on this subject, but on the other hand there is a huge array of regulatory legal acts of various levels: government decrees, orders and letters from ministries that determine the features of labor relations of various categories of medical workers. It turns out that in order to establish the 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 work of medical workers:

1) reduced working hours;

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

Section 1 is devoted to the rights and social protection of 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.

It is the responsibility of medical professionals to maintain medical secrecy.

It is not allowed to disclose information constituting a medical secret by persons to whom they became known during training, the performance of professional, official and other duties (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 the social and legal protection of medical workers (Article 63).

Medical professionals have the right to:

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

2) work under an employment contract, including abroad;

3) protection of their 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 the budgets of all levels when it is impossible to perform professional duties for health reasons, as well as in the event of the release of an employee due to a reduction in the number or staff, liquidation of an enterprise, institution and organization;

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

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

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

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

For medical workers, the performance of various types of work within the same healthcare institution is not considered part-time (Resolution of the Council of Ministers of the RSFSR of 01/17/1991 N 27 (as amended on 06/20/1992)).

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 (Decree 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 district general practitioners and district pediatricians of territorial districts, nurse therapists and pediatricians of territorial districts is counted (see ibid.).

Bibliographic list

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

2. Skachkova P. S. Employment contracts in various spheres of activity. M.: Prospekt, 2001.

I. Gushchina

Teacher

departments of management

Moscow Institute

tourism and hospitality

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