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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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Article R6152-378 of the French Public Health Code

The reclassification offer mentioned in article R. 6152-377 and proposed to the practitioner shall be written and precise. The reclassification job is compatible with the practitioner’s professional skills. It is offered for the period remaining before the end of the contract. If the practitioner refuses the redeployment procedure or if no request is made within the period indicated in article R. 6152-377, the contract is terminated by dismissal or early…

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Article R6152-379 of the French Public Health Code

When the situation of the activity in the structure justifies it, a modification of the work quota, of the place or structure of assignment or of the missions may be proposed to the practitioner by the director of the establishment, after the opinion of the president of the medical commission of the establishment, on the proposal of the head of department or failing that the head of the pole. When…

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Article R6152-380 of the French Public Health Code

The provisions ofarticle 45 of decree no. 91-155 of 6 February 1991 relating to the general provisions applicable to contractual employees of the establishments mentioned inarticle 2 of law no. 86-33 of 9 January 1986 as amended relating to the statutory provisions governing the hospital civil service are applicable to the contractual practitioner.

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Article R6152-381 of the French Public Health Code

The establishment and the practitioner recruited under an open-ended contract may agree on the terms of termination of the contract between them. The contractual termination is the result of an agreement signed by both parties. The agreement defines the terms and conditions of the contractual termination, in particular the amount of the specific contractual termination indemnity within limits determined by decree. The contractual termination agreement may not be imposed by…

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