Under pressure from the Federal Labor Court, the employers' confessional denominations show themselves to be about Collective bargaining ready. The Marburger Bund insists on being allowed to call on the doctors to take part in labor dispute.
The Marburger Bund (MB) has asked church employers to work with it to develop collective bargaining system that better recognizes the positions of employees and trade unions that are protected by fundamental rights: " The MB also claims against employers of Caritas and Diakonie the basic right as trade union not only to regulate working conditions through collective agreements, but also to enforce them by way of fair compensation if necessary against the will of the employer ”, it said in May 25 in Hanover passed resolution of the 123rd MB general meeting.
"We do not want to be involved in the third way of labor law , we want to use the second way to negotiate collective agreements with church employers - including the right to strike ”, said the second MB chairman, Dr. med. Andreas Botzlar. A church-wide modified collective bargaining agreement without the right to strike could not be agreed with the MB: "That is the signal that goes out from this general meeting."
In November 2012 the Federal Labor Court (BAG) ruled that Caritas and Diakonie may continue to determine for themselves how they regulate working conditions in their institutions, but at the same time urged greater participation by the trade unions. In principle, however, the exclusion of industrial action as prerequisite for entering into collective bargaining could be justifiable.
Exhausting the legal remedies
The MB has since lodged complaint with the Federal Constitutional Court because of this principle that was incorporated into the judgment. For the right to strike denominational clinics, the medical union will exhaust all legal remedies, announced the MB chairman, Rudolf Henke: "If we fail with our constitutional complaint, we will take the European legal process." In other European countries there is no separate labor law in church institutions.
Under pressure from the Federal Labor Court, the employers' confessional denominations show themselves to be about Collective bargaining ready. The Marburger Bund insists on being allowed to call on the doctors to take part in labor dispute.
The Marburger Bund (MB) has asked church employers to work with it to develop collective bargaining system that better recognizes the positions of employees and trade unions that are protected by fundamental rights: " The MB also claims against employers of Caritas and Diakonie the basic right as trade union not only to regulate working conditions through collective agreements, but also to enforce them by way of fair compensation if necessary against the will of the employer ”, it said in May 25 in Hanover passed resolution of the 123rd MB general meeting.
"We do not want to be involved in the third way of labor law , we want to use the second way to negotiate collective agreements with church employers - including the right to strike ”, said the second MB chairman, Dr. med. Andreas Botzlar. A church-wide modified collective bargaining agreement without the right to strike could not be agreed with the MB: "That is the signal that goes out from this general meeting."
In November 2012 the Federal Labor Court (BAG) ruled that Caritas and Diakonie may continue to determine for themselves how they regulate working conditions in their institutions, but at the same time urged greater participation by the trade unions. In principle, however, the exclusion of industrial action as prerequisite for entering into collective bargaining could be justifiable.
Exhausting the legal remedies
The MB has since lodged complaint with the Federal Constitutional Court because of this principle that was incorporated into the judgment. For the right to strike denominational clinics, the medical union will exhaust all legal remedies, announced the MB chairman, Rudolf Henke: "If we fail with our constitutional complaint, we will take the European legal process." In other European countries there is no separate labor law in church institutions.
Especially in the area of diakonia, it can currently be observed that the "employers' side" is preparing for church-like modified collective bargaining law in accordance with the BAG decision. The pioneer here is the Lower Saxony Diakonie, which is currently trying to establish an arbitration procedure that excludes industrial action. A “collective bargaining agreement” between MB and Verdi is also desired. This emerges from "process agreement" that the Lower Saxony Diakonie wants to conclude with the MB regional association Lower Saxony and Verdi, the aim of which is to conclude "social" collective agreement by April 1, 2014. “We assume that the employer wants to rate restriction or even waiver of the right to strike or compulsory arbitration. We'll reject it, ”said Sven De Noni, Managing Director of the Lower Saxony MB regional association, when asked by DÄ.
Who will train? Who pays?
The fact that Diakonie is moving and showing willingness to involve the trade unions more than before in the structuring of working and remuneration conditions is also due to the tense personnel situation in the clinics. Because in the competition for the scarce “physician resource”, denominational hospitals are increasingly losing ground. "Nobody has done more for the comparability of clinic employers than the MB", Henke had already said at the start of the meeting in the Niedersachsenhalle.
The MB chairman appealed to further expand the influence of doctors in the hospitals to the approximately 200 delegates to be elected to their employers' works councils in spring 2014 "It's about implementing on-site what we have set in terms of good framework conditions with the collective agreements," added Carsten Mohrhardt, MB regional association Baden-Württemberg. A good example of the fact that not everything that the collective agreements stipulate has been implemented on site is the recording of working hours. The 123rd Annual General Meeting once again calls on employers to finally fully implement the agreed, practicable and up-to-date methods of time recording for all forms of work.
The delegates discussed controversially about the proposed changes to specialist training, which the 116 German Medical Association should advise. The concept of the advanced training committees of the German Medical Association provides that the advanced training regulations will in future be structured on the basis of competencies and primarily defined through content, instead of, as before, through times and reference figures. The majority of the delegates supported the fundamental line of the planned reform with their orientation towards competencies and confirmed this in resolution.
The planned expansion of outpatient further training caused discussions.
Especially in the area of diakonia, it can currently be observed that the "employers' side" is preparing for church-like modified collective bargaining law in accordance with the BAG decision. The pioneer here is the Lower Saxony Diakonie, which is currently trying to establish an arbitration procedure that excludes industrial action. A “collective bargaining agreement” between MB and Verdi is also desired. This emerges from "process agreement" that the Lower Saxony Diakonie wants to conclude with the MB regional association Lower Saxony and Verdi, the aim of which is to conclude "social" collective agreement by April 1, 2014. “We assume that the employer wants to rate restriction or even waiver of the right to strike or compulsory arbitration. We'll reject it, ”said Sven De Noni, Managing Director of the Lower Saxony MB regional association, when asked by DÄ.
Who will train? Who pays?
The fact that Diakonie is moving and showing willingness to involve the trade unions more than before in the structuring of working and remuneration conditions is also due to the tense personnel situation in the clinics. Because in the competition for the scarce “physician resource”, denominational hospitals are increasingly losing ground. "Nobody has done more for the comparability of clinic employers than the MB", Henke had already said at the start of the meeting in the Niedersachsenhalle.
The MB chairman appealed to further expand the influence of doctors in the hospitals to the approximately 200 delegates to be elected to their employers' works councils in spring 2014 "It's about implementing on-site what we have set in terms of good framework conditions with the collective agreements," added Carsten Mohrhardt, MB regional association Baden-Württemberg. A good example of the fact that not everything that the collective agreements stipulate has been implemented on site is the recording of working hours. The 123rd Annual General Meeting once again calls on employers to finally fully implement the agreed, practicable and up-to-date methods of time recording for all forms of work.
The delegates discussed controversially about the proposed changes to specialist training, which the 116 German Medical Association should advise. The concept of the advanced training committees of the German Medical Association provides that the advanced training regulations will in future be structured on the basis of competencies and primarily defined through content, instead of, as before, through times and reference figures. The majority of the delegates supported the fundamental line of the planned reform with their orientation towards competencies and confirmed this in resolution.
The planned expansion of outpatient further training caused discussions.Henke distanced himself from the demand of the National Association of Statutory Health Insurance Physicians (KBV) for compulsory further training in the practices of general practitioners. "We say yes to the promotion of outpatient training, but we say no to bottleneck," emphasized Henke, speaking for the majority of the delegates. One cannot introduce compulsory further training in the practices of resident doctors without the financing being regulated. "Who is paying? Who trains further? Who will take care of the training places? ”Asked the MB chairman. These questions would need to be clarified before decisions could be made. "We need legal basis that regulates the financing."
The MB chairman even called for collective agreements for doctors who work as employees in the doctor's offices. "We need an employer organization for resident doctors who conclude collective agreements with the MB," explained Henke. Up to 20,000 doctors were now working as employees in the practices, without it being ensured that they were receiving an appropriate salary. Henke received backing for this claim from the general meeting. The basic requirement for further training in the outpatient area is the payment of collective wage, according to resolution. Doctors who completed part of their further training in practice would have to take part in the care under the guidance of specialist doctor authorized to carry out further training. In addition, the practice must be able to bill the services of the trainees - just like in the hospital.
But is the situation there so much better? Because of the enormous economic pressure, the financing of further education in the clinics is parched, said the chairman of the MB's further education committees, Dr. med. Hans Albert Gehle. The medical training must be remunerated separately, in both sectors: "Neither the DRGs in the hospital nor the uniform assessment standard in the practices adequately reflect the training." The majority of the delegates were skeptical here, however. Prof. Dr. med. Frank Ulrich Montgomery: “Think about the risks,” warned the President of the German Medical Association. Whoever co-finances further training, be it the health insurance companies or the state via taxes, wants to have say in the end.
No decision on the system
Even proposal by the KBV for separate fees could not convince the MB. She suggested that every doctor in further training should be given “backpack” of financial support that would guarantee support for the duration of further training regardless of the training center. Dr. med. Heidrun Grid, President of the Bremen Medical Association, warned: “The rucksack is the entry point into budgeted training positions.Henke distanced himself from the demand of the National Association of Statutory Health Insurance Physicians (KBV) for compulsory further training in the practices of general practitioners. "We say yes to the promotion of outpatient training, but we say no to bottleneck," emphasized Henke, speaking for the majority of the delegates. One cannot introduce compulsory further training in the practices of resident doctors without the financing being regulated. "Who is paying? Who trains further? Who will take care of the training places? ”Asked the MB chairman. These questions would need to be clarified before decisions could be made. "We need legal basis that regulates the financing."
The MB chairman even called for collective agreements for doctors who work as employees in the doctor's offices. "We need an employer organization for resident doctors who conclude collective agreements with the MB," explained Henke. Up to 20,000 doctors were now working as employees in the practices, without it being ensured that they were receiving an appropriate salary. Henke received backing for this claim from the general meeting. The basic requirement for further training in the outpatient area is the payment of collective wage, according to resolution. Doctors who completed part of their further training in practice would have to take part in the care under the guidance of specialist doctor authorized to carry out further training. In addition, the practice must be able to bill the services of the trainees - just like in the hospital.
But is the situation there so much better? Because of the enormous economic pressure, the financing of further education in the clinics is parched, said the chairman of the MB's further education committees, Dr. med. Hans Albert Gehle. The medical training must be remunerated separately, in both sectors: "Neither the DRGs in the hospital nor the uniform assessment standard in the practices adequately reflect the training." The majority of the delegates were skeptical here, however. Prof. Dr. med. Frank Ulrich Montgomery: “Think about the risks,” warned the President of the German Medical Association. Whoever co-finances further training, be it the health insurance companies or the state via taxes, wants to have say in the end.
No decision on the system
Even proposal by the KBV for separate fees could not convince the MB. She suggested that every doctor in further training should be given “backpack” of financial support that would guarantee support for the duration of further training regardless of the training center. Dr. med. Heidrun Grid, President of the Bremen Medical Association, warned: “The rucksack is the entry point into budgeted training positions.“
The delegates did not vote on an application by the federal executive board calling for the dual health insurance system to be maintained in Germany. After controversial discussion about whether it was even the task of the medical profession to get involved in the financing debate, the board withdrew the motion.
Jens Flintrop, Heike Korzilius
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