Healthcare workers are prohibited from quitting during the emergency period

The Orbán government has extended the transitional period, so the legal relationship of the health service in Hungary will enter into force only on March 1, 2021. Nonetheless, doctors and nurses will be paid according to the new pay scale from January next year, but it is a restriction that a healthcare worker cannot hand in their resignation during the emergency.

Based on the writing of Index, these were revealed in the Hungarian Gazette published on Saturday night. As regards the ban on termination, 530/2020. section 2 of the Government Decree states that

“a healthcare worker and a healthcare professional employed by a healthcare provider covered by the Eszjtv. may not terminate their legal relationship with the healthcare provider – with the exception of extraordinary termination – during the period of the state of emergency situation announced in Government Decree 478/2020. (XI.3.) (henceforth: emergency situation).”

The government accepted several amendments proposed by the Hungarian Medical Chamber and the Hungarian Residents’ Association, as the original goal was to conclude new contracts for the health service legal relationship by 1 January 2021. This has been extended for two months, and according to a statement reviewed by MTI, the Ministry of Human resources is expecting a three-month extension – Portfolio draws attention to the contradiction that while the government decree puts the beginning of the health service legal relationship at 1 March 2021, the Ministry of Human Capacities writes that the health service legal relationship will be introduced on 1 April 2021.

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In their first Facebook post, intended for comment, the Hungarian Residents’ Association notes that, contrary to the news so far, government decrees:

• do not state that in every case, the national director-general of a hospital exercises the employer’s rights,
• the deadline for licensing second jobs will not be extended until 2023,
• nor do they include the fact that those who currently have such a contract can still work as entrepreneurs until the end of 2022.

According to the Hungarian Residents’ Association, the national hospital director can decide on the licensing of the work of entrepreneurs without a time limit for each hospital, and second jobs can probably be approved according to the principle of cascading. In the case of a city hospital employee, the head of the county hospital may decide, and a county hospital employee may work elsewhere with the approval of the National Hospital Directorate-General.

Government decrees stipulate that secondment may be made only in order to maintain the safety of patient care, even to a healthcare provider other than the healthcare worker’s permanent place of employment. The person shall be notified in writing about the secondment at least ten working days before, including the duration of the work, the remuneration and related accommodation, as well as travel matters. In terms of duration, the secondment may not exceed a total of 44 working days or 352 hours in any 12-month period. You cannot assign:

• a woman from the time they are pregnant until the child is three years old;
• those who are considered large families according to the Family Support Act;
• those who are raising children under the age of 6 alone, and if both parents of a child under the age of 16 are in a medical service relationship, only one parent may be appointed;
• those who personally care for their relatives;
• those who have certified at least 50 per cent health damage;
• residents within six months before their professional examination;
• those who are entitled to an old-age pension and do not consent to their secondment.

Source: index.hu