Workplace relations: what is the legal perspective on medical resindency?

Abstract

Medical Residency is a part of medical education. It is a graduate program, in which a qualified professional supervises activities. Nevertheless, its legal regiment gives students similar rights and duties to workers hired under the Brazilian Consolidated Labor Laws (CLT). The present study aimed to make a comparative analysis of the labor laws governing the activities of CLT workers and Medical Residents and, furthermore, to discuss the conditions and legal aspects of Residency. We searched the Ministry of Education’s website for laws related to Medical Residency. We also read the Civil Code regarding Occupational Accidents, the CLT, the General Social Security Regime (Law 8213/78) and searched for articles related to the subject. We found seven differences and four similarities between the laws governing the abovementioned activities. Differences: residents work 60 hours per week and CLT workers work 48; employees, temporary workers and special category workers (rural workers) have right to coverage for occupational accidents or illness and to the Guarantee Fund for Length of Service benefit; employees have right to a yearly 13^th salary; the Labor Court, specialized in solving employment issues, is guaranteed to registered workers and is not permitted to medical residents; CLT workers may partition their vacations while medical residents may not. Similarities: both are affiliated to the Brazilian General Social Security Regime (RGPS), have an income, a four-month maternity leave and a yearly 30-day vacation. The research showed that Medical Residency has certain aspects legally considered as labor and, nevertheless, lacks many rights. This hinders the program’s structure in terms of the residents’ rights and their engagement in education. There are few studies on the subject. However, the existing ones conclude that there should be changes in the legal regulations of Medical Residency and more support to medical residents, so that work and study may be more balanced.