Healthcare Professionals' Obligation to Work Under the Emergency Act

Healthcare professionals aged between 18 and 67 may be obligated and assigned to work for the fight against coronavirus starting from March 26, 2020. Healthcare professionals who have been educated and practiced the profession are potential groups that will be summoned. These include nearly graduated students, part-time pensioners, and other healthcare workers who are in the medical, pharmacy, and healthcare sectors. It can also concern groups that have recently received training in the health sector but, for some reason, are absent from the industry. Workers compelled to work under the Emergency Act will be required to work for a maximum of two weeks at a time. The obligation can be renewed only once, for a further two weeks for a total work obligation of four weeks.

The Employment Office has the power to issue a work order to a person in consideration of the sole discretion and the consultation of the employee. The work order cannot be issued to a person that is caring for a child or another person who is in continuous care. The TE Office will also assess that the employee's ability to work is not affected by age, state of health, skills, or other limitation related to the job.

The TE-Office is responsible for assigning persons with a work order to an employer, and the employer is responsible for the supervision and management of that person. The person works for the employer, but not in an employment relationship according to the Employment Contracts Act. However, the employment relationship is similar to an employment relationship where the employee will be rewarded for the work, and the employee shall be paid a reasonable salary with the task assigned. The work order from the TE-office does not require the consent of the person issued with the work order. However, the adoption of work obligations is the last resort option for securing healthcare resources. The work obligation will only be activated if the primary measures activated by the Emergency Response Act are not sufficient.

Source: TEM