Legal Risk Prevention Of Physician’s Initiative Multi-sited Employment From The Perspective Of Labor Law

In order to promote the rational flow of medical human resources and promote the revolution of medical and health system, the State Council put forward the concept of " physician’s multi-sited employment" in the "Opinion" issued in March 2009, and in September the same year, in the "Notice" issued by the Ministry of Health provides that multi-sited employment is in sort management, and different administrative application procedures are applied on different categories."Multi-sited employment" can increase physician’s income, deploy hospital physician resources rationally, be convenient for medical treatment of patients, and can achieve a multi-win situation, but the reality is "best game no one played." There are many reasons for this, of which due to the imperfect law, that engaging in multi-sited employment will face legal risk is a very important reason. Currently, the law that instructs physician’s employment is "The Law for Licensing Medical Practitioner". The registration system for physician’s employment provides in Article 13 and 14, and the multi-sited employment of physicians is not involved; in July 1999, Article 15 of the departmental rules "Interim Measures of Physicians Practicing Registration" issued by the Ministry of Health provides that physicians employed in two or more sites as otherwise provided, but since then there has been no relevant regulations promulgated; until in September 2009, the Ministry of Health issued "Notice" provides that physicians can be multi-sited employed and accept classified management. However, physician’s multi-sited employment has its particularity, and involves the affirmation of multiple legal relationships, and the distribution of multiple subject interests. Therefore, how to allocate the working time for physicians whose time and energy are limited, and what kind of risks each subject will face, and how to avoid the risks and other issues require careful analysis.In the introduction part, this paper explains the concept of multi-sited employment and provisions of "Notice" on multi-sited employment while combing the current situation of multi-sited employment in domestic, and provide suggestions on legal risk prevention of initiative multi-sited employment from the perspective of labor law; in the first part, through the analysis on employment relation, contract relation, and labor relation, to recognize that the relationship between the physician and the various medical institutions has the best interest for each subject; the second part analyzes the relevant provisions of the labor law, and recognizes that the defect in the application procedure of multi-sited employment should not affect the effectiveness of the labor contract; the third part discusses the legal risks that each subject may face due to the uncertain time, the exist imperfect mechanism and the limited physicians energy during multi-sited employment; the fourth part analyzes the risks of multi-sited employment on the basis of the above, and puts forward suggestions to improve multi-sited employment aiming at the problems that the legal system is not perfect and responsibility mechanism is imperfect.