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German union threatens strike over doctors' long hours
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     A dispute over doctors?working hours in hospitals in Germany is escalating, after the county’s largest union of doctors warned that it would take strike action unless hospitals implemented an EU court ruling to cut doctors?working hours.

    The Marburger Union¡ªwhich represents 80 000 of the 122 000 clinical doctors in Germany¡ªsaid that doctors are still working up to 80 hours a week in hospitals despite a ruling by the European Court, which was incorporated into German law and which required doctors?working hours to be reduced from 1 January 2004 (BMJ 2003;327:640).

    Athanasios Drougias, spokesman for the Marburger Union, told the BMJ that almost all of the 2240 hospitals in Germany had taken advantage of a clause in the German legislation that allowed some hospitals an exemption.

    Under the clause, hospitals using employment contracts that already count hours that doctors spend on call towards a normal working week have been exempted from the legislation until the end of 2005.

    "We estimate that a maximum of 10% of the hospitals in Germany are entitled to the exemption, but all of them have claimed it, apart from a tiny number," he said.

    "It is the patients who are at risk too. They are being treated by exhausted doctors," he warned.

    Mr Drougias said that the failure to cut doctors?working hours could accelerate the exodus of doctors from hospitals.

    "There are currently 5000 unfilled jobs in German hospitals. The positions are not being filled because the conditions are so bad," he said. "This means that those doctors who are left have to do even more work than they would otherwise."

    "Sooner or later, hospitals will have to make progress in cutting doctors?working hours or they will lose even more doctors," Mr Drougias said.

    Some studies have estimated that an extra 15 000 new doctors at a cost of €1bn (?73m; $1.2bn) would need to be employed if the EU court ruling on reduced working hours was to be fully implemented in Germany.

    Mr Drougias said, however, that 6000 extra doctors would be needed if contracts with flexible working hours were negotiated.

    He expressed regret that hospital management had so far rejected calls for negotiations on reducing working hours.

    But he said that taking legal action against hospitals might not be worth while because an exemption from the ruling is only possible for hospitals until the end of 2005.

    "Of course, the doctors working in hospitals are angry, but many are in vulnerable positions¡ªon temporary contracts or doing specialist training. But, if all else fails, we are prepared to strike," said Mr Drougias.(Vienna Jane Burgermeister)