Contract of employment - legal relation between "first-line" doctor and hospital. HEADNOTES Facts The plaintiff, a "first-line" doctor of a hospital, was put in charge of the internal medicine department. Side by side with these duties, he carried on a busy private practice. When the contract between the plaintiff and the defendant hospital was terminated with immediate effect, he asked for severance pay. The court of first instance dismissed the claim. The appellate court held that there was a contract of employment justifying a claim to severance pay. Decision (1) When a "first-line" doctor at a hospital is per- forming his duties, he is part of the operational structure of the hospital and is subject to its internal rules, so that he must be covered by the definition of "employee" As he performs services that are cer- tainly of a higher level and non-commercial char- acter, his employment relationship comes under the Salaried Employees Act. Under Section 23( 1 ) of that Act he is accordingly entitled to claim sever- ance pay. (2) If a contract is by reason of its content a contract of service within the meaning of Article 1151 of the General Civil Code, the
International Labour Law Reports Online – Brill
Published: Jan 1, 1975
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