Hospital slap for doctors working in dire conditions: salary problem increases in court

A conflict between the hospital 135 staff and the administration flared over unpaid bonuses during the first quarantine.

Diets were not paid at all

It all began last spring after the government issued a decree “On the approval of the description of the procedure to increase the salaries of health institutions during quarantine”, which ordered the payment of supplements to the salary of doctors in conditions of quarantine.

After receiving this resolution, on May 7, the director of the Republican Hospital Panevėžys Arvydas Skorupskas signed an order ordering to increase the coefficients of the fixed salary of the employees: 100% for the personnel of the Department of Resuscitation and Intensive Care, 90% for the personnel of the Corps of Infectious Diseases and Children’s Department of Infectious Diseases.

However, despite legislation adopted at the state and institutional level, most of the staff in these departments (doctors, nurses and support staff) did not receive salary supplements.

According to Kristina Norvainytė, president of the Young Doctors Association (JGA), to which the affected doctors applied, told the Delfi portal, those doctors whose patients were suspected of having COVID-19 did not receive supplements, but it was not confirmed.

According to a government decree, the supplements had to be paid both to doctors who worked directly with patients with COVID-19 and to those who worked with those who were only suspected of having the disease, for example, those with typical symptoms, only those who they worked in high-risk conditions. .

Some institutions coped well with this, but this institution decided to pay only those who worked with directly identified COVID-19 cases, ”noted K. Norvainytė.

You were ordered to pay both supplements and late payment interest

Unsuccessful employees repeatedly approached the RPL Director orally and in writing to apply all provisions of the legislation and, in the absence of such requests, to the Ministry of Health (SAM) to clarify whether they were working with patients with suspected COVID-19 disease. , a salary supplement should be paid.

SAM confirmed that 60-100 percent. Supplements must also be paid to those who have worked with patients with suspected but unconfirmed COVID-19 infection.

Following SAM’s response, the RPL director submitted an application to the Panevėžys Territorial Health Insurance Funds (ICD) for reimbursement. However, this was only done in August, when the first quarantine was long overdue, and due to delayed deadlines, the costs of Panevėžys ICD could no longer be retroactively reimbursed.

“When it became clear, the director of the institution refused to continue talking about the payment of benefits,” said K. Norvainytė.

As a result, the employees asked SAM to mediate for benefits. However, the Ministry refused to do so, so on 14 September the employees approached the Panevėžys Labor Disputes Commission of the State Labor Inspectorate (hereinafter DGK).

Panevėžys DGK confirmed that hospital employees have money for their work during the pandemic. Thus, according to the commission’s decision, 135 RPL employees received unpaid salary supplements and default interest. This amount, including interest, amounted to about 4 thousand. euros.

The DGK’s decision also indicated that the owner of the RPL had not complied with the principles established in article 24 of the Labor Code, had acted in bad faith and had abused his rights.

I tried to negotiate the amount

Following the DGK’s decision, A. Skorupskas attempted to negotiate payment of the awarded amount with the employees, offering to pay a maximum of 15%. payment up to the amount awarded. However, the employees disagreed with this, demanding payment of the full amount owed to them.

The medical institution did not enter into new negotiations and in December appealed the DGK’s decision to the Panevėžys District Court on the alleged illegal payment of back wages, attracting the 135 employees who did not receive benefits.

“In addition, these employees were under administrative and psychological pressure. Some of the staff were scared by this and 20 of them had peace agreements with the hospital management, which they expected to receive only 15 percent. Accessories.

Therefore, the situation is now absurd, as the remaining employees taken to court will have to cover court costs out of their own pockets, and the administration has very conveniently hired the most expensive lawyers with office money. It is a complete asymmetry of power and an abuse of management and administration rights. Not only the manager, but the administration itself defends him, because it confirmed his behavior ”, commented K. Norvainytė about the situation.

According to the head of the JGA, the employees do not have the financial means, such as the hospital administration, to pay for legal representation services. In addition, a significant proportion of the complainant organization’s workers are nursing and support staff with significantly lower incomes.

I was under psychological pressure

Organizations that unite healthcare professionals, such as the aforementioned JGA, as well as the Lithuanian Medical Movement, the Lithuanian Health Workers’ Union and the Lithuanian General Practitioners Union, whose help was requested by the hospital staff who He received no benefits and was taken to court as the founder of RPL, to mediate a dispute between a medical institution and its staff.

“We have received testimonies from the complainant staff about the administrative and psychological pressure on them, and in the departments most affected by the judicial process, the staff report constant fear, frustration, insecurity, physical and psychological fatigue.

Doctors who are at the forefront of fighting the COVID-19 pandemic are currently unable to fully focus on caring for their patients, leading to further increases in levels of perceived stress. This is also confirmed by the conclusion of this month’s RPL meeting of the Medical Ethics Commission, which indicated that hospital wards, which are staffed and assisted by COVID-19 personnel, continue to have a poor psychological microclimate, which can hamper the quality of personal health care. “, – indicated in the letter addressed to SAM.

It is also added that the situation is detrimental not only for RPL employees, but also for the entire community of health professionals: the necessary changes in the health system are not possible without the trust of the community.

2020 On December 31, in response to reports of the testimonies of public and anonymous employees, the JGA approached the State Labor Inspectorate expressing concern about non-compliance with management methods, orders from the Ministry of Health, provisions of the Labor Code and Government resolutions in violation of RPL employees. in law.

Denies that he pressed

The Delfi portal also asked the administration of the Republican Hospital Panevėžys to comment on the situation.

RPL communication specialist Vytautas Riaubiškis sent the following comment: “The administration of the Republican Panevėžys Hospital respects its employees and is sincerely grateful for their professional work. We are proud of them because they are some of the best in the country. The hospital administration did not create or will create situations within the team that would be based on pressure, coercion, mistrust, tensions in the team.

The hospital administration, respecting the laws of the Republic of Lithuania and the right of its citizens to have and express their opinion, to actively participate in the discussion of issues related to public life and labor relations, positively values ​​this active position of the hospital staff.

There are not only cases of disagreement, but also differences of opinion on issues related to labor relations and other areas of life. These cases are not a manifestation of opposition or prejudice on the part of any of the parties, but rather a free discussion between the parties based on the laws and regulations in force in the country. Sometimes, due to a difference of opinion, the parties do not reach a consensus, then a third party is approached, who resolves these disagreements in accordance with the procedure established by law.

The situation was discussed at a meeting of representatives of the Administration of the Republican Hospital of Panevėžys and the United Hospital Trade Union, which was attended by both the hospital administration staff and the union representatives representing the doctors, nurses and other staff. of the hospital. At the meeting it was decided that, pending a legal dispute, all public comments will be abstained, respecting the opinions of both parties.

We live in a state governed by the rule of law, so while legal disputes are pending and the competent authorities have not issued a final decision, Panevėžys Republican Hospital will not comment on the situation, respecting the law, ethics and not wanting influence the public or the other party in this legal dispute.

We would like to draw your attention to the fact that the Republican Panevėžys Hospital paid all benefits due to these employees to all employees who worked with patients with the COVID-19 disease, in accordance with the laws of the Republic of Lithuania, regardless of actual working hours. These benefits are and will continue to be paid in the future, unless the legal framework for the payment of these benefits is changed.

After the announcement of the non-appealable decision by the competent authorities, the administration of the Republican Panevėžys Hospital, in consultation with the United Union of Hospital Workers and respecting your opinion, is ready to answer questions of interest to you and the public. “

Upon requesting SAM’s comment, the Head of the Ministry’s Press Service, Vytautas Beniušis, replied that Health Minister Arūnas Dulkys would initiate a meeting with the Young Doctors Association, where he would discuss the situation and make decisions.