2023-07-03 06:18:02
“Many caregivers go on strike for an hour, to count in the statistics” : Anne Geffroy-Wernet, president of SNPHARE (National union of hospital practitioners anesthetists resuscitators extended to other specialties), is convinced that the hospital strike this Monday, July 3 will be very followed. “But in reality many of the mobilized are forced to ensure continuity of care”, admits the anesthesiologist. Their demands are known. They demand, for example, the revaluation of on-call hours and continue to warn about the lack of arms. This summer, hospitals will continue to operate on a tight schedule. However, dropping his blouse as a sign of protest remains subject to certain conditions.
A limited right to strike
What the law says ? The public hospital is, like all entities under the authority of the State, subject to the text of July 31, 1963. Employees wishing to mobilize must file a strike notice with the management of the establishment by the through a trade union, five days before the movement. The technique of the rotating strike, which allows employees to alternate between them the days of strikes so that the teams are incomplete and slow down the activity, is prohibited to them.
Hospital directors “must also guarantee the continuity of care imposed by the public health code by ensuring a “minimum service”, which corresponds to the workforce on a Sunday or a public holiday”explains Florence Deborde, professor of private law and social law at Lyon 2 University.. With this process, they obstruct the right to strike and force professionals who planned to mobilize, to occupy their position. In normal times, the hierarchical superiors must first wait to know the number of caregivers on strike, before reconstituting the schedules.
The multiplication of assignments
However, with the multiplication of mobilizations, “more and more directors or department heads are assigning caregivers directly on the schedule, even before knowing who will be on strike, to ensure their presence for patients”, assures Bénédicte Rousseau, lawyer in hospital public service law in Paris. The reason for these frequent assignments: the fact that hospitals are functioning “with constantly low numbers”, analyzes the specialist. If an assigned caregiver does not come to work, “this can sometimes justify a disciplinary sanction”then develops Florence Deborde.
Among those for whom to participate in the strike “is a feat”, the interns “are on the front line”, launches the president of the national Intersyndicale of interns (Isni), Olivia Fraigneau. If some medical students at the public hospital say they are supported by their superior when it comes to mobilizing, “It remains almost impossible for the majority”, she observes. In case of summons “interns are always called first. I even already received a summons even before having indicated my desire to participate in the strike”still protests Olivia Fraigneau.
Ensuring patient safety
Whether they participate in the strike or not, maintaining the permanence of patient care remains the priority of hospital workers. “We cannot take the risk that a patient will see his appointment made six months ago shifted, even if we have to alert on the situation of the public hospital”admits Anne Geffroy-Wernet, before ensuring “that no patient will suffer the consequences of this strike”.
Tuesday, July 4, the various unions of hospital staff will be received at the Ministry of Health and Prevention to discuss – among other things – the revaluation of on-call hours.
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