‘Doctors’ training hours do not count as work’

Junior hospital doctors’ training hours do not need to be counted as working hours, the European Court of Justice has ruled, in an unexpected result.

In this, they agreed with the Government and the standard contract agreement the HSE signed three years ago with the Irish Medical Organisation.

The court also ruled the minimum daily and weekly rest periods and total length of the working week for doctors is the law under the Working Time Directive, even though the details are not included in the employment contract for non-consultant hospital doctors.

The case was taken against Ireland by the European Commission but the court said they did not produce sufficient evidence to prove their points.

Earlier in the year in a preliminary opinion, the court’s advocate general said he believed the training hours — from two-and-a-half hours to 17 hours a month — should be counted as part of the working week.

However, the judges disagreed, and sided with the Department of Health and the HSE that the training hours need not be counted because it is something the doctor does in his or her own time, and is not required to be in the workplace, working or on-call while studying.

The department welcomed the ruling and said it will be incorporated into the detailed implementation plan being prepared by the HSE.

This is also the position of the IMO, which three years ago signed an agreement on the standard contract of employment that recognised this after the IMO and the Department of Health settled an action on the issue in the High Court.

The court dismissed claims by the commission that the reference period for the doctors whose employment contracts exceed 12 months was extended from six to 12 months under the collective agreement was contrary to the directive.

The IMO said it was disappointed the court did not find that Ireland does not meet its obligations under the directive. But, they added, this does not affect the agreement with the HSE on legal and safe working hours for the doctors.

Of the 4,600 hospital doctors, 30% are still working more than the 48-hour working week limit; and almost 200 more than 24 hours; while one-in-three hospitals still impose illegal working hours, they said.

The department said doctors are getting proper daily, weekly, and fortnightly breaks and rest periods in more than 95% of cases over the past nine months.

A third are still having to work longer than the 48-hour working week — down from two thirds four years ago — while the average working week was down to 51 hours at the end of last year.

Dr John Duddy, chair of NCHD committee and IMO vice president said: “We need the HSE and Government to show real commitment to doctors and patients. The only way to do this is through implementation of the agreement to address unsafe working hours for doctors.

"This is not just an issue for doctors — these hours have an adverse effect on patient safety and are a contributing factor to Irish doctors leaving Irish hospitals to work abroad. The current situation is unsustainable.”

The department said the commission acknowledged there was progress and they continue to work together. They were working also with the IMO and health service management on a national verification and implementation group to monitor and push compliance with the working hours limits.