Statement of Support for the CGCOM's Petition on the Violation of Labor Legislation for Resident Physicians (MIR) in Spain

27 May 2023

The Committee on Petitions (PETI) of the European Parliament has accepted a request from the Consejo General de Colegios Oficiales de Médicos (CGCOM) regarding the violation of labour legislation applicable to resident physicians (MIR) in Spain.

In this petition, Dr Tomás Cobo, President of the CGCOM, emphasizes the inadequate transposition of the European directive within the Spanish legal framework governing MIR. Specifically, the Royal Decree 1146/2006, dated October 6, 2006, fails to comply with the regulations concerning weekly rest, contravening both the Spanish Workers' Statute and Directive 2003/88/EC of the European Union. This violation of labour legislation applicable to MIR in Spain is contrary to both Spanish and European Union law. The CGCOM firmly believes that appropriate measures must be taken to rectify this situation and ensure the rights and well-being of resident physicians.

With the acceptance of this petition by the PETI, the CGCOM will present a defence of the request before a group of Members of the European Parliament in Brussels. This opportunity will allow the delegation to advocate for the enforcement of labour laws to safeguard the interests of MIR in Spain. The CGCOM encourages all individuals and organizations to support this petition by visiting the website of the Committee on Petitions of the European Parliament  and expressing their solidarity with the cause.

At the national level, the Spanish General Medical Council continues to engage with institutions such as the Ministry of Labour and Social Economy and the Ombudsman, among others, to address this pressing issue. The CGCOM remains committed to promoting positive changes in specialized healthcare training and the overall healthcare system in Spain.

The CGCOM's recent study on working hours and rest periods for resident physicians in Spain underlines the significance of this matter. The report highlights the impact of inadequate working conditions, excessive workload, and insufficient rest on the physical and mental health of healthcare professionals. Addressing these challenges is crucial for maintaining the quality of care and ensuring the safety of patients.

EJD supports the Spanish Junior Doctors’ claim regarding the breach of national and European working time legislation and urges the European Parliament to oversee the possible infringement.