Medical Director Awarded Compensation for Years of Excessive “Ready Availability” Shifts
A recent labor court decision has resulted in a significant financial award for a medical director who was subjected to years of excessive “ready availability” shifts.
The ruling, issued on December 3, 2024, compels ASReM to pay €23,973.00 plus legal interest to Dr. FM, the medical director at Termoli hospital. The lawsuit was brought by Dr. FM with the assistance of lawyer Luca Damiano.
The crux of Dr. FM’s complaint centered around the excessive number of “ready availability” shifts he was assigned. These shifts, while not requiring him to be physically present at the hospital, obligated him to be reachable and ready to work at a moment’s notice. Dr. FM argued that ASReM surpassed the agreed-upon number of these shifts between January 2019 and July 2023.
In his initial appeal, Dr. FM asserted that he had, in fact, provided the “night and holiday availability service,” meaning he was actively engaged in work on the days indicated in his time card records – documentation directly attributable to his employer. He further contended that he was not granted adequate compensatory rest periods and was often assigned ordinary work shifts immediately following a “ready availability” shift.
The court’s ruling highlighted the significant impact of not allowing employees to take their entitled weekly rest. It emphasized that such a breach can lead to non-pecuniary damages, which are presumed because “the interest of the worker harmed by the employer’s non-compliance has direct constitutional coverage in Article 36 of the Constitution.”
In essence, the court stated that the violation of an employee’s right to rest can cause “damage,” which can be categorized as “psycho-physical wear and tear,” and is covered at a constitutional level. The court concluded that Dr. FM was entitled to compensation for this damage because the continuous strain of the excessive workload, particularly in the absence of sufficient rest periods, impacted his well-being. It stated that the worker does not need to explicitly request these compensatory rest periods, making the violation of Dr. FM’s rights even more significant.
How do court cases like Dr. FM’s influence the ongoing debate regarding compensation for “ready availability” shifts in various industries?
## “On Call” and Out of Pocket? A Doctor’s Legal Victory
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**Host:** Welcome back to Health Watch. Today we’re discussing a recent court case with implications for healthcare workers across the country. Dr. John Smith, a labor law expert, joins us to shed light on this important topic. Dr. Smith, thanks for being with us.
**Dr. Smith:** My pleasure.
**Host:** Let’s dive right in. A medical director in Italy, Dr. FM, was recently awarded a significant sum in a labor dispute. Can you tell us what happened?
**Dr. Smith:** Certainly. Dr. FM was assigned excessive “ready availability” shifts. These shifts meant Dr. FM had to be reachable and prepared to work immediately, even though he wasn’t required to be physically present at the hospital. He argued that his employer, ASReM, exceeded the pre-agreed number of these shifts over several years, essentially blurring the lines between work and personal time.
**Host:** It sounds like a situation many healthcare professionals can relate to. How did the court rule?
**Dr. Smith:** The court sided with Dr. FM, compelling ASReM to pay him nearly €24,000 in compensation plus legal interest. This ruling sets a precedent and sends a clear message: employers can’t expect healthcare workers to be perpetually “on call” without proper compensation. This echoes broader discussions about the ethics and legality of expecting workers to be constantly available, as seen in debates about compensation for pre-shift and post-shift work [[1](https://hkm.com/pre-shift-post-shift-work-deserves-compensation/)].
**Host:** That’s a fascinating parallel. Do you think this case could have wider ramifications?
**Dr. Smith:** Absolutely. It highlights the need for clear definitions of work hours and compensation for “ready availability” scenarios. This not only impacts healthcare but also other industries where “on-call” work is common.
**Host:** Dr. Smith, thank you so much for your insights on this important issue.
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**Host:** And that’s all the time we have for today. Remember to check our website for more on this case and ongoing developments in healthcare worker rights.
