Over-time work of part-time health care professionals – case study of the general hospital of Valjevo

Abstract

Introduction/Objective In practice, for more than 10 years there has been ongoing litigation between healthcare institutions and healthcare workers, who have found that reduced working hours may be payment compensation for overtime work (on-call time, on-call duty, stand-by time). The objective of this paper was to analyze the problem and propose a solution in order to stop disputes and eliminate uncertainty. Methods A case study method, comparative method and normative method were used in this article. Court practice has been analyzed in relation to a number of civil proceedings, as well as the opinion of the State Audit Institution of the Republic of Serbia and the Ministry of State Administration and Local Self-Government on a specific case. Results Healthcare workers and healthcare institutions have different legal views about the right to salary supplement based on overtime work of healthcare workers who work reduced working hours. Although the court has taken a stand on the side of healthcare workers, disputes do not stop because healthcare institutions do not change their calculation method. Conclusion The solution is to amend legal regulations that need to regulate in detail and unequivocally the manner of payment of salary supplements for healthcare workers in order to avoid any doubts and contentious situations.