Auswirkungen der W-Besoldung und der neuen Chefarztverträge auf die Hochschulmedizin - 10.1628/094802107783498578 - Mohr Siebeck

Dirk Böhmann

Auswirkungen der W-Besoldung und der neuen Chefarztverträge auf die Hochschulmedizin

Rubrik: Abhandlungen
Wissenschaftsrecht (WissR)

Jahrgang 40 () / Heft 4, S. 403-433 (31)

31,00 € inkl. gesetzl. MwSt.
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This article considers the question as to what effect the civil service salary scheme 'W' that was implemented on July 1st, 2005 has had on university medicine. Unquestionably, university medicine has a special position in the canon of subjects in the universitas litterarum. The university clinics are, on the one hand, seats of research and learning and on the other, they are able to avail themselves of the highest possible care that the government has to offer. This peculiarity has led to the fact that a few medical faculties have already instituted an independent system of allocation for performance related earnings. These are based on specific regulations relating to university medicine. A thorough analysis of the effect of the 'W' civil service salary scheme on university medicine presupposes furthermore the strict separation of clinical and pre-clinical subjects. The situation in the pre-clinical or clinical-theoretical subjects is entirely comparable to other non-medical subjects. Even after having implemented the W salaries for civil servants for over two years there still exists considerable uncertainty in the use of what only appears to be performance orientated pay. For many academics of both sexes the appointment under the current W-salary is thought to be an obscure and risky enterprise. The universities also complain that university teachers are presented with insufficiently attractive offers and go so far as to say, that often newly appointed teachers are offered salaries that are no way compatible with their position. W-civil servants salaries are therefore, in the view of the author, in need of urgent reform. The situation in the clinical subjects presents a different picture. Since 2003, as a result of the regular contracts given to senior physicians working in health care, the significance of the W-salaries viewed from within the economic framework fades into the background. This article considers in detail the kinds of contracts that are currently in use for senior physicians working in university medicine. It also looks at the current verdicts made by the Federal Labour Courts concerning senior physicians contracts. Special attention is hereby paid to the relevant, so called »Amendment and expansion clauses« which are in practice. The article reaches the conclusion that many of the senior physicians contracts that have been concluded since January 1st, 2002 are not in accordance with the current jurisdiction of the Federal Labour Court (judgment from 11.10.2006 – 5 A ZR 721/05) and are therefore in parts legally ineffective.

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