working hours for senior residents
Kanny
(Querist) 10 August 2009
This query is : Resolved
My friend is doing MCH from a state govt medical institute.
As such he has to attend classes for 2 hours in the morning. Besides that, he's on duty working as a senior resident.
Now the surprising part. He is on duty for 36 hours at a stretch i.e. if he reports to duty at 7AM Monday morning, he shift ends only at 7PM Tuesday. And again, he has to resume duty at 7AM Wednesday. And this just goes on 7 days a week and 52 weeks an year.
No vacations, no leaves. Is this legal in our country, in the very national capital?
If no, is there anything we can do about it?
A V Vishal
(Expert) 11 August 2009
It is not legal, I think the residents union must talk with the government, Unfortunately the remedy is to strike work, but such incidents will project doctors in poor light and will evoke negative response.
Kanny
(Querist) 11 August 2009
Hi Vishal,
Thanks for your response. Can you help me understand this?
Based on your response, it seems a state institute is indulging in an illegal activity. Are you implying that the institutes don't write these terms and conditions on paper?
I'm told, this practice is rampant in certain departments across institutes and kind of accepted norm. I wonder, if its fair to expect such stressed out doctors do their job with precision and attention. Or doctors are supposed to be super humans?
-Kanny
Manish Singh
(Expert) 11 August 2009
Dear Mr. Kanny,
if you are talking about DElhi, then you must observe Delhi shops & Establishments Act as it seems you are not covered by Factories act.
under the said Act, no person can be compelled to work for a stretch what u ve stated. please go through the said act and also make a complaint to the cocerned authority/ inspector.
Kiran Kumar
(Expert) 11 August 2009
i think Manish is right.
Guest
(Expert) 12 August 2009
No Sir. Neither the Delhi Shops and Establishments Act nor the Factories Act applicable in the case of Doctors, for the reason that in former case, the doctor is not "employee", even though the hospital is an "establishment". In the latter case, the hospital is not "factory" nor the doctor is a "worker" as defined in the Act.
The problem is gigantic. The strike is only of the remedies. But there are other legal remedies also for you to deal with the case.
The problem which you have been facing is related to "life" in broader sense and you are entitled to rest to lead a normal human being life and the society on the other hand needs such doctors, who rest fitfully, so that they can attend the patients effectively. Hence, depriving you of the sufficient normal rest is infringement of your fundamental right under Article 21 of the Constitution of India. My suggestion to you is to approach the hon'ble High Court of Delhi immediately in writ jurisdiction for violation of your fundamental right under Article 21 of the Constitution of India and you will definitely get relief.
Wish you best of luck.
Kanny
(Querist) 13 August 2009
Dear Mr. Prabhakar,
I'm told that there is NOTHING on paper mentioning about duty hours. Essentially, the work culture has been carefully crafted and created. The point is very simple. One is kept loaded with work. I think, its a typical aristocratic system where someone at the top is too powerful. So, even 18 hours a day are NOT enough. No one tells you to do your work. But everyone SHOUTs if you DON'T do the work. As simple as that.
I don't think its much different from a corrupt system where a group of people work in tandem to indirectly force victims to payout bribe.
And you know better than me.. taking them head on may not be the best idea. We need something innovative. Ideas?
Thanks a lot!!
