The Court has given a ruling on the application to medical staff assigned to primary health care teams of certain aspects of the Community directives concerning improvements in the safety and health of workers at work
SIMAP is the union representing public health workers in the Valencia Region. In proceedings against the Health Administration in that region it sought the implementation of certain provisions concerning the length and organisation of working time for staff assigned to primary health care teams at health centres.
According to that union, the doctors concerned are required to work without the benefit of any time-limit and without the duration of their work being subject to any daily, weekly, monthly or annual limits.
The Tribunal Superior de Justicia de la Comunidad Valenciana asked the Court of Justice to rule on the interpretation of the Community legislation concerning the promotion of improvements in the safety and health of workers at work and certain aspects of the organisation of working time.
The Court found, firstly, that the Community rules on improvements in the safety and health of workers at work, and in particular the directive concerning certain aspects of the organisation of working time, apply to the activities of doctors in primary health care teams. They do not fall into any of the professional categories (specific public service activities intended to uphold public order and safety, for example) for which, because of their special features, the Community provisions grant an exemption from their scope.
The Court considered whether time spent by doctors on call should be regarded under Community law as working time, that is to say time forming part of the period during which a worker is at work, carrying out his activities or duties, regardless of whether the doctors are actually present at the health centres or are merely contactable.
The Court pointed out that the objective of the directive was to ensure the safety and health of workers by granting them minimum periods of rest and adequate breaks.
According to the Court, the characteristic features of working time are present when doctors are present at the health centre where they are physically on call. On the other hand, when they are simply contactable at any time, the Court considers that they are in a position to manage their time with fewer constraints: only time actually spent providing primary health care service will therefore be classifiable as working time.
The Court also considered that work performed by doctors on primary health care teams whilst on call constitutes shift work within the meaning of Community law: the workers concerned are assigned successively to the same work posts, on a rotational basis which makes it necessary for them to perform work at different hours over a given period of days or weeks.
Finally, the Court ruled that individuals affected by any derogations from certain aspects of the Community rules on working time must give their own consent and that a collective agreement cannot be substituted for such consent.
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For further information, please contact Fionnuala Connolly, tel: (00352) 4303 3355; fax: (00352) 4303 2731