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Article R6152-368 of the French Public Health Code

Contractual practitioners are entitled to fifteen working days’ training leave per year. Leave entitlements for two consecutive years may be accumulated. The entitlement to such leave and the use thereof shall be prorated to the activity carried out in each establishment in the event of practice in several establishments. An order of the Minister for Health shall specify the conditions for exercising the right to training leave. During this leave,…

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Article R6152-369 of the French Public Health Code

Contractual practitioners are guaranteed the right to organise. They may not suffer any prejudice or benefit from any advantages because of their trade union commitments. Special leave of absence is granted by the director of the establishment, under conditions set by order of the Minister of Health, to duly authorised practitioners’ union representatives, on the occasion of union, federal and confederal congresses, as well as meetings of the national and…

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Article R6152-370 of the French Public Health Code

The disciplinary sanctions applicable to contractual practitioners are: 1° Warning; 2° Reprimand; 3° Temporary exclusion from service for a period not exceeding six months and deprivation of all remuneration; 4° Dismissal. Sanctions under 1° and 2° are imposed by the director of the institution after obtaining the opinion of the chairman of the institution’s medical committee. Sanctions under 3° and 4° are imposed by the director of the institution after…

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Article R6152-371 of the French Public Health Code

In the interests of the service, a contractual practitioner who is the subject of disciplinary proceedings may be suspended, after receiving the opinion of the chairman of the establishment’s medical committee, by decision of the director of the establishment, who shall immediately inform the director general of the regional health agency. During the period of suspension, the person concerned retains the benefit of the emoluments mentioned in 1° of article…

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Article R6152-372 of the French Public Health Code

Professional incompetence consists of a duly established inability on the part of the practitioner to carry out the work or assume the responsibilities associated with the duties of a contractual practitioner. The person concerned shall be notified by any means capable of conferring a date certain of the opening of professional incompetence proceedings. He shall be given access to his file and shall be given the opportunity to present his…

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Article R6152-373 of the French Public Health Code

In the interests of the service, a practitioner who is the subject of the procedure provided for in article R. 6152-372 may be suspended pending a decision on his case, after obtaining the opinion of the chairman of the establishment’s medical committee, by decision of the director of the establishment. For the duration of his suspension, he shall retain all the emoluments provided for in 1° of article R. 6152-355….

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Article R6152-374 of the French Public Health Code

In the event of dismissal for professional incompetence, the employee concerned will receive compensation equal to half the last monthly salary received prior to dismissal, multiplied by the number of years of actual service in the establishment concerned, up to a maximum of twelve. Service of six months or more is counted as one year. Service of less than six months is not taken into account when calculating entitlement.

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Article R6152-375 of the French Public Health Code

If, at the end of the contract, the employment relationship is not continued, the contractual practitioner is entitled to an indemnity intended to compensate for the precariousness of his situation. This allowance is not payable in the cases mentioned in 3° and 4° of article L. 1243-10 of the Labour Code, nor in the event that the practitioner, who is on the list of suitable candidates mentioned in article R….

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Article R6152-376 of the French Public Health Code

A contractual practitioner with an open-ended contract may be dismissed after receiving the opinion of the hospital’s medical committee. The Director’s decision to dismiss shall state the reasons on which it is based. In the absence of an opinion from the hospital medical committee within two months of it being convened, only the opinion of its chairman is required. The fixed-term contract may be terminated before the term set by…

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Article R6152-377 of the French Public Health Code

Without prejudice to the provisions relating to dismissal for disciplinary misconduct or professional inadequacy mentioned in articles R. 6152-370 and R. 6152-372, the dismissal of a practitioner with an open-ended contract and the early termination of the contract of a practitioner recruited for a fixed term must be justified by one of the following reasons: 1° The elimination of the need or the post which justified the recruitment of the…

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