Petition No 0048/2023 by Tomás Cobo Castro (Spanish), on behalf of the ‘Consejo General de Colegios Oficiales de Médicos’ (General Council of Official Doctors’ Associations), on non-compliance with employment legislation applicable to resident doctors in Spain  
Petition data  

0048/2023

Summary title: Petition No 0048/2023 by Tomás Cobo Castro (Spanish), on behalf of the ‘Consejo General de Colegios Oficiales de Médicos’ (General Council of Official Doctors’ Associations), on non-compliance with employment legislation applicable to resident doctors in Spain

Petition number: 0048/2023

Topics: Health,  Employment

Country: Spain

Name of association: Consejo General de Colegios Oficiales de Médicos

Petitioner data  

Name: Tomás Cobo Castro

Petition Summary  

The petitioner asks for resident doctors to be entitled to 36 hours of uninterrupted rest when on call. He states that there is a regulatory void in the legislation applicable to resident doctors, namely Royal Decree 1146/2006 of 6 October 2006, which gives rise to breaches in rules on weekly rest hours, in direct violation of the provisions of Articles 37.1 and 2 of Spain’s Workers’ Statute, as well as Articles 3, 5, 16 and 17(2) of Directive 2003/88/EC. According to the petitioner, this failure to comply with the labour legislation applicable to resident doctors in Spain is against Spanish and EU law. The petitioner calls for an investigation into Spain’s possible infringement of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time.