In their employment relationship, resident doctors have the protection of the Constitution, the Federal Labor Law and the Amparo Law. You can go to claim your rights before the Federal or Local Conciliation and Arbitration Boards, as appropriate, and before the Courts of Amparo.

In this sense, resident doctors are workers

The relationship of the resident doctor with the medical unit in which he is assigned is of a labor nature. Since the acts of the medical unit in which the residence is carried out are included within the acts that any employer executes. Well, in these relations the State is subject to the preventions of labor law like any individual.

The work of resident doctors is regulated in the Federal Labor Law from article 353-A to 353-I in Title Six of Special Jobs, Chapter XVI entitled Jobs of Resident Doctors in Training Period in a Specialty. There is a very important jurisprudence of the Supreme Court of Justice of the Nation on this issue, it is the 2nd. / J. 2/2017 (10th).

There is an employment relationship between the resident and the medical unit in which he participates

This jurisprudence indicates that there is an employment relationship between the resident and the medical unit in which he participates, with certain special characteristics. And even if its purpose is to train to achieve a specialty. What gives him the character of a student, this does not dissolve the bond he has as a worker, since residence is an employment relationship with that specific purpose.

In academics, the resident doctor is accountable for his progress to the authorities of his institution of higher education. In terms of work, he is subordinate to a person in charge of his work in the residence, he is subject to a day, a salary. As well as the obligation to obey orders and comply with the duties that are imposed on him in his role.

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What does the law say?

By way of example and in accordance with the applicable legal provisions, among others, the following 10 points are the rights of resident physicians:

  1. Receive the remuneration and benefits stipulated by the health institution.
  2. In addition, receive the academic and operational programs of the corresponding medical residence and the internal regulations of the medical unit receiving residents where it is assigned. As well as the regulations regarding medical residencies.
  3. Receive postgraduate education, in accordance with the academic programs of the institution of higher education and operations of the corresponding medical residence; under the direction, advice and supervision of the professor, the head of the service and the assigned doctors, in an environment of respect.
  4. Receive quarterly from the professor, the qualifications of their performance in the medical residency.
  5. Permanently count on the advice of the doctors assigned to the service, during the development of daily activities and on shifts.
  6. Enjoy two vacation periods per year of ten business days each, in accordance with the provisions of the corresponding operating program.
  7. Receive food during the work day and during the shifts, according to the corresponding operating program.
  8. Receive two uniforms and a pair of white shoes every six months.
  9. Use the library and didactic support services in the medical unit receiving residents, adjusting to the corresponding regulations.
  10. Use rest areas during watch.

And in your institution, are they carried out?

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