medicine is traditionally a liberal medicine alone: there are few private practitioners who combine to form a medical practice, bringing together several expert practitioners in general medical or various fields. However, at a time when the medical population is a key issue that could also qualify for public health interests are at stake, this isolation, combined with other factors, could lead eventually , according to the National Council of the College of Physicians, "to compromise the delivery of care."
By keeping this data in the spirit that was created two new statutes: the Liberal and the physician assistant physician employee. The texts are referring to the law of August 2, 2005 No. 2005-882 for small and medium enterprises and the decree of December 13, 2006 No. 2006-1585 relating to the physician and physician assistant Liberal employee and amending the Code of Public Health.
Article 18 of the aforementioned Act lists the conditions under which a collaboration between two independent professionals can be considered. In this case, the collaboration involves a contract between physician and physician assistant installed which must be provided, on pain of nullity, various references such as the duration of the contract, terms of pay, conditions exercise activity and the terms and conditions of its breakdown.
This status confers various benefits to the employee: in fact, that - it maintains its professional independence while benefiting from a place to exercise their art without to locate him - even, and thus there - even the doctor's patient base installed. This independence is accompanied by the absence of any relationship of subordination between them: not being an employee, the employee will collect its own fees (full lump sum is formally excluded by the National Council of the College of Physicians) and will have ample opportunity to build a personal practice population.
should not shy away from this provision: if the doctor was installed using a collaboration agreement is first and foremost because he enjoys an extra activity that supports only with difficulty.
This collaboration can also be a prelude to a professional association or the resumption of the doctor's office installed retiring. If this collaboration does not work, then it will be easier to break it as if it had been an association.
The main drawback of this situation lies in the fact that the employee "under the statute social and fiscal liberal professional who performs as an independent professional." This measure is not likely to encourage potential employees to enter into a such contract in the sense that it is generally the charges that encourage professionals to not settle their account.
This disadvantage could be offset by the second innovation, after this time - it's decree, which is a salaried medical.
The wage is not an innovation in either: have always been recognized as salaried physicians doctors employed in health institutions or administrations. Any attempt to wage in the Liberal led the National Council of the College of Physicians to address the contract, fearing for the independence of the practitioner. What - Exactly now?
Article 2 of Decree of December 13, 2006 No. 2006-1585 relating to the physician and physician assistant Liberal employee and amending the Public Health Code provides that "if enacted by the National Council of Medical Society of the essential terms of a standard contract within the meaning of section A. 4127-91 code of public health, doctors have concluded a collaboration agreement liberal before enactment have a period of six months from the latter to comply with these essential terms. The prohibition of wage
in the first paragraph of Article R. 4127-87 Code of Public Health, in the version prior to publication of this decree remains in force for a period of six months from the publication. "
How could this wage - he act in the way of improved medical demography in France? Firstly because potential employees might be reluctant to engage in less "disadvantaged" areas if they do not fall to work seven days a week, the first six to care for patients and Sunday for s' deal with the administration. Who says wage actually said scheduling.
We know that one reason forbidding doctors to settle in town and he preferred medicine in health care institutions, what are the hours and the inability to balance work and family life. The wage and allow women to exercise in a similar framework to that of an employee lambda: take maternity leave when you are exercising a profession is not obvious.
It is the same for the doctor - employee - future father: any employee of a father child from birth, can apply for a paid leave of a duration of 11 to 18 calendar days during which his employment contract is suspended. The days of paternity leave are cumulative, so with the leave of three days of birth granted to employees for the birth of the child.
Note that the wage causes an effect of right: if the labor law applies to salaried doctor, then the right of dismissal must also be applied to it and the procedures that have short could not be refused.
The main principles of the wage would be in effect preserved: a contract is concluded between the employer and employee contract that would include among others the amount of remuneration, hours of working time ..., thus preserving the physician employee, like any other worker.
Is it noted that another significant advantage of the wage for a doctor is probably none in the application of the tax paid occupations rather than independent professionals, thereby increasing it by about 30% to 18% approximately, not counting of course that if the service termination of unemployment benefits will be guaranteed ....
However, a number of questions remain unresolved about including the reconciliation of professional independence and subordination necessarily implied employment relationship, it being recalled that the medical profession can hardly be compared to any other , clothing is the legal wage must necessarily coincide with the core professional principles governing the practice of medicine very particular firm in town.
For example, the physician employee would - it have its plate and its own scheduler to his name? These responses
will be made when the National Council of the College of Physicians has issued its opinion on the matter. For now, no communication has been received, leaving the salaried doctor in a status quo which hopefully it lasts unreasonably ...
By keeping this data in the spirit that was created two new statutes: the Liberal and the physician assistant physician employee. The texts are referring to the law of August 2, 2005 No. 2005-882 for small and medium enterprises and the decree of December 13, 2006 No. 2006-1585 relating to the physician and physician assistant Liberal employee and amending the Code of Public Health.
Article 18 of the aforementioned Act lists the conditions under which a collaboration between two independent professionals can be considered. In this case, the collaboration involves a contract between physician and physician assistant installed which must be provided, on pain of nullity, various references such as the duration of the contract, terms of pay, conditions exercise activity and the terms and conditions of its breakdown.
This status confers various benefits to the employee: in fact, that - it maintains its professional independence while benefiting from a place to exercise their art without to locate him - even, and thus there - even the doctor's patient base installed. This independence is accompanied by the absence of any relationship of subordination between them: not being an employee, the employee will collect its own fees (full lump sum is formally excluded by the National Council of the College of Physicians) and will have ample opportunity to build a personal practice population.
should not shy away from this provision: if the doctor was installed using a collaboration agreement is first and foremost because he enjoys an extra activity that supports only with difficulty.
This collaboration can also be a prelude to a professional association or the resumption of the doctor's office installed retiring. If this collaboration does not work, then it will be easier to break it as if it had been an association.
The main drawback of this situation lies in the fact that the employee "under the statute social and fiscal liberal professional who performs as an independent professional." This measure is not likely to encourage potential employees to enter into a such contract in the sense that it is generally the charges that encourage professionals to not settle their account.
This disadvantage could be offset by the second innovation, after this time - it's decree, which is a salaried medical.
The wage is not an innovation in either: have always been recognized as salaried physicians doctors employed in health institutions or administrations. Any attempt to wage in the Liberal led the National Council of the College of Physicians to address the contract, fearing for the independence of the practitioner. What - Exactly now?
Article 2 of Decree of December 13, 2006 No. 2006-1585 relating to the physician and physician assistant Liberal employee and amending the Public Health Code provides that "if enacted by the National Council of Medical Society of the essential terms of a standard contract within the meaning of section A. 4127-91 code of public health, doctors have concluded a collaboration agreement liberal before enactment have a period of six months from the latter to comply with these essential terms. The prohibition of wage
in the first paragraph of Article R. 4127-87 Code of Public Health, in the version prior to publication of this decree remains in force for a period of six months from the publication. "
How could this wage - he act in the way of improved medical demography in France? Firstly because potential employees might be reluctant to engage in less "disadvantaged" areas if they do not fall to work seven days a week, the first six to care for patients and Sunday for s' deal with the administration. Who says wage actually said scheduling.
We know that one reason forbidding doctors to settle in town and he preferred medicine in health care institutions, what are the hours and the inability to balance work and family life. The wage and allow women to exercise in a similar framework to that of an employee lambda: take maternity leave when you are exercising a profession is not obvious.
It is the same for the doctor - employee - future father: any employee of a father child from birth, can apply for a paid leave of a duration of 11 to 18 calendar days during which his employment contract is suspended. The days of paternity leave are cumulative, so with the leave of three days of birth granted to employees for the birth of the child.
Note that the wage causes an effect of right: if the labor law applies to salaried doctor, then the right of dismissal must also be applied to it and the procedures that have short could not be refused.
The main principles of the wage would be in effect preserved: a contract is concluded between the employer and employee contract that would include among others the amount of remuneration, hours of working time ..., thus preserving the physician employee, like any other worker.
Is it noted that another significant advantage of the wage for a doctor is probably none in the application of the tax paid occupations rather than independent professionals, thereby increasing it by about 30% to 18% approximately, not counting of course that if the service termination of unemployment benefits will be guaranteed ....
However, a number of questions remain unresolved about including the reconciliation of professional independence and subordination necessarily implied employment relationship, it being recalled that the medical profession can hardly be compared to any other , clothing is the legal wage must necessarily coincide with the core professional principles governing the practice of medicine very particular firm in town.
For example, the physician employee would - it have its plate and its own scheduler to his name? These responses
will be made when the National Council of the College of Physicians has issued its opinion on the matter. For now, no communication has been received, leaving the salaried doctor in a status quo which hopefully it lasts unreasonably ...
Mathilde Duval
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