Ministry of Health: The permanence of the newly hired doctors in the NSS is not abolished

The permanence of the newly hired doctors in the NSS is not abolished, the Ministry of Health answers to the Head of Health of SYRIZA Andreas Xanthos. The latter, at today’s meeting of the Social Affairs Committee of the Parliament, where the n / s of the Ministry of Health were discussed on the subject of “ratification of a donation of the Stavros Niarchos Foundation and other provisions”, said that the Government used “irrational” methods Ministry of Interior the substantial abolition of the tenure of the newly hired doctors of the NSS.

Aristotle’s answer was immediate. “A simple reading of the existing provisions shows that the former Minister of Health is obviously wrong, ignoring the legal framework that applied in his day and which in this regard, remains as it is,” he said.

According to article 82 of law 4915/2022 (Government Gazette A63 – 24/3/2022) doctors who occupy positions in the NSS with a 5-year term, will not be judged individually at the end of 5 years (as provided by law 3754/2009) but the position will be re-announced and as long as the same doctor is selected, he will be appointed as a permanent one, said Mr. Xanthos.

The Ministry of Health responds that with article 82 of law 4915/2022 only two paragraphs were added to par. 5 of article 11 of law 2889/2001, as it had been amended with par. 1 of article 6 of law 3204/2003 . Therefore, the rest of the content of par. 5, which has been in force since 2003 in the form that is still in force today and was in force throughout the SYRIZA-ANEL government, has not been changed.

“In no case was the provision voted in secret, since it was included in the body of the Bill, which was in fact consulted from 24.2.2022 to 3.3.2022.

“The delayed reaction of Mr. Xanthos is pointed out as the Bill has been passed since 23.3.2022 and therefore any objection regarding this provision should have been expressed then” he emphasizes.

The following is par. 5 of article 11 of law 2889/2001 1) in its original form, 2) as amended by par. 1 of article 6 of law 3204/2003 and end 3) as amended by article 82 of Law 4915/2022.

1) Law 2889/2001 (A 37)

Article 11 par. 5

5. All doctors who are hired for the first time at the National Health Service. after the entry into force of this law, regardless of the rank for which they are elected, they are appointed for a five-year term. At the end of five years the position is re-advertised. Once the doctor holding the position is selected to fill it, he is reappointed for a five-year term. At the end of the second five years the position is re-advertised and, if the same doctor is selected, he is appointed as a permanent one.

Doctors who are selected three times to occupy a position in the National Health Service. are permanently permanent, in the position and rank they hold, after completing ten (10) years of service.

The previous service of a specialized doctor, in services of the state health system of the member states of the European Union, is calculated, for the development of the doctor, as a previous service in the National Health Service.

2) N. 3204/2003 (A 296)

Article 6 par. 1

Par. 5 of article 11 of Law 2889/2001 is replaced as follows:

5. Doctors hired for the first time in the position of Curators A`, B` and C` are appointed for a five-year term. At the end of the five-year period, the position is re-advertised and if the same doctor is selected, he is appointed as a permanent one. The doctors who are selected twice to occupy a position in the National Health Service. are permanently self-employed to the extent that they hold after completing five years of service. For the completion of the five years, the time of service of doctors who were appointed to an organic position in the medical branch of the National Health Service is taken into account. and lost or are losing their position with the issuance of a decision of the committees for the adjudication of pending objections of paragraph 12 of article 37 of Law 2519/1997 (Government Gazette 165 A) or with the issuance of a court decision.

Doctors hired as directors are appointed for a five-year term, at the end of which the doctor is evaluated by the Board of Directors and if the evaluation is positive, the doctor is made permanent. The provisions of this paragraph also apply to doctors who have been appointed to a position in the medical branch of the National Health Service. before the publication of this law.

For Curators A` who were appointed for the first time in ESY. with the provisions of Law 2519/1997, paragraph 7 of par. 7 of article 11 of Law 2889/2001 is still valid.

After the permanent appointment of the above doctors, the provisions of article 35 of Law 2519/1997 apply to their development.

The previous service of a specialized doctor, in services of the state system of the Member States of the European Union, is calculated for the development of the doctor as a previous service in the NSS. ”

Any other general or special provision contrary to the provisions of this paragraph shall be repealed.

3) Article 82 of Law 4915/2022

Previous service of doctors in countries outside the European Union – Amendment of par. 5 article 11 of law 2889/2001

In par. 5 of article 11 of law 2889/2001 (A ’37), about the doctors of the National Health System (ESY), the tenth and eleventh paragraph are added and par. 5 is formed as follows:

“5. Doctors hired for the first time in the position of Curators A ‘, B’ and C ‘are appointed for a five-year term.

At the end of the five-year period, the position is re-advertised and if the same doctor is selected, he is appointed as a permanent one.

The doctors who are selected twice to occupy a position in the National Health Service. are permanently self-employed to the extent that they hold after completing five (5) years of service.

For the completion of the five years, the time of service of doctors who were appointed to an organic position in the medical branch of the National Health Service is taken into account. and lost or are losing their position with the issuance of a decision of the committees for the adjudication of pending objections of par. 12 of article 37 of law 2519/1997 (A ‘165) or with the issuance of a court decision.

Doctors hired as directors are appointed for a five-year term, at the end of which the doctor is evaluated by the Board of Directors and if the evaluation is positive, the doctor is made permanent.

The provisions of this paragraph also apply to doctors who have been appointed to a position in the medical branch of the National Health Service. before the publication of this law.

For the Curators A ‘who were appointed for the first time in ESY. with the provisions of law 2519/1997, paragraph 7 of par. 7 of article 11 of law 2889/2001 is still valid.

After the permanent appointment of the above doctors, the provisions of article 35 of law 2519/1997 apply to their development.

The previous service of a specialized doctor, in services of the state system of the Member States of the European Union, is calculated for the development of the doctor as a previous service in the National Health Service.

The preceding subparagraph shall also apply to the pre-service of a specialist doctor in the health service of the state system of Great Britain, which has taken place after 31.12.2020, of Switzerland, of the United States of America, of Canada, of Australia and of Japan.

It can also be calculated for the evolution in the ESY. and the previous service of a specialist doctor in a clinic or hospital of a university institution, regardless of its legal nature, Member States of the European Union and the countries of the previous paragraph, after the consent of the Central Health Council “.