Achieving good results when providing medical care to patients is only possible over the long-term if employees successfully collaborate with one another. This applies in practice, for the ambulatory healthcare centre and the hospital in equal measure. The pivotal point is the employment contract. When concluding an employment contract, the employer must not focus solely on complying with the basic parameters of labour law. Rather, it must also be ensured that the contract is in line with provisions pertaining to medical law, as well as actually being suitable for implementing the expectations of the practice owner, the ambulatory healthcare centre or the hospital operator. Simply using sample contracts does not suffice in most cases. It is also necessary to consistently take the case-law of social courts into account, in particular the Federal Social Court, since a need for action under labour law may (also) be directly derived from it.
As regards practice owners, ambulatory healthcare centres or hospital operators, occasionally it may be more beneficial to retain employees be means of freelance contracts. Special care must be taken when doing so. Errors during the assessment, in other words if an employment relationship does in fact exist, will entail social security legislation and even criminal law risks for the employer – keyword: Quasi-self-employment/illegal employment.
We advise practice owners, ambulatory healthcare centres or hospital operators when concluding, changing, terminating (severance agreements/termination) employment and service contracts, and support the employer with other individual contractual disputes. We also support service providers with restructuring (e.g. operational transfers owing to practice sales or outsourcing measures).
With respect to larger institutions with an organised workforce (works council, employee representative committee, staff council), we also assist medical institutions with a variety of disputes under collective labour law.