Health Ministry Leaves Autonomies to Decide on 5-Year Exclusivity After Completing MIR

The Draft Framework Statute being developed by the Ministry of Health is causing a significant stir. The document aims to regulate the working conditions for all professionals within the National Health System, a move opposed by the medical community, who demand a specific statute for their profession.

The doctors, within this particular regulatory framework, have put forward several demands, such as a standard working week of 35 hours from Monday to Friday; regulation of both on-site and on-call duties; and that the remuneration for on-call duties be considered as overtime.

However, the ministry led by Mónica García seems to firmly reject this specific statute, justifying that it would "break the cohesion of the system." They also argue that it would "revert the system to the 1970s, when instead of a framework statute, there were something akin to the current collective agreements of different professionals." They further assert that specific collective agreements do not exist in the public sector.

One of the most contentious aspects of the regulation among doctors is the establishment of their exclusivity in the public system, both for intermediate positions and for the five years following the completion of residency.

Regarding the first scenario, the Ministry argues that the incompatibility between working in the public and private sectors already exists in several autonomous communities. Moreover, they believe that for an "ethical performance" of managerial and executive functions, professionals must have exclusive dedication.

As for the five years following residency, the Ministry leaves the decision to the autonomous communities, specifying that the new Framework Statute does not include this as an obligation, but as an option.

Among the benefits highlighted by Health in the draft, it is noted that Public Employment Offers will occur every two years with a maximum resolution period of 2 years. "There will no longer be temporary staff for 5 years or interim staff with 15 years of service," the Ministry assures.

Additionally, the new EM also considers the possibility of conducting transfer competitions (voluntary mobility) through an open and permanent competition mode on an annual basis; and it obliges health services to have a human resources planning and a predictable organization that regulates the supply and demand of professionals.

Furthermore, statutory staff acquire the right to privacy protection in the use of digital devices and also to digital disconnection.