Regarding Permissible maximum working hours per week for Doctors
16-Dec-2023 (In Labour & Service Law)
Dear sir, i am working as an 'Insurance Medical Officer(IMO)' i.e,a regular permanent employee in the ESIC Hospital,Peenya,Banglaore,which is 'an autonomous body under "Ministry of Labour&Employment" which follows CGHS rules for all practical purposes My questions for you are 1) Are doctors working in govt setup also come under the definition of "a labourer'' 2) If no,why? If yes,Then What is 'the maximum permissible duty/working hours limit' for a medical officer/doctor working in a central govt hospital? 2)For your information, The Controlling officers for me are a)Head of the dept and b) Medical superintendent, So If I am forced by my controlling officers to do Xcess hours of duty than what is permissible,then are they punishable under law. 3)At present, we have been doing duties like sometimes a shift would extend for ~20hours at a streatch,so unfortunately if due to the stress of overwork,if something happens to the patient,who will be legally liable for it??
Doctors working in govt setup do not come under the definition of a labourer. In ESI Corporation Medical Officer’s Assoication v. ESI Corporation, the Supreme Court held that a medical professional treating patients and diagnosing diseases cannot be held to be a ‘workmen’ under Section 2(s) of the Industrial Disputes Act.
You can make complaint to your reporting officers including Head of the Department and MS regarding the brisk of being forced to over work since it may seriously reduce the quality of your treatment against the interest of the patients.
Give your protest in writing stating the facts. Your liability will certainly get reduced if something happens to the patient while you are overloaded with duty shift at a stretch.
You can make complaint to your reporting officers including Head of the Department and MS regarding the brisk of being forced to over work since it may seriously reduce the quality of your treatment against the interest of the patients.
Give your protest in writing stating the facts. Your liability will certainly get reduced if something happens to the patient while you are overloaded with duty shift at a stretch.
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