Schlagwort-Archive: English

Foreign nursing professionals: repayment obligation of training costs only with valid contract

According to a recent judgement of the Arbeitsgericht (Labour Court) Siegburg (file number 1 Ca 1987/17 dated 02 August 2018), the repayment obligation of an employee’s training costs previously granted by the employer as a loan must be effectively contractually regulated. This is pointed out by the Press Service of the North Rhine-Westphalia Ministry of Justice in the context of the employment of foreign nursing professionals.

A Filipino national had been recruited as a nurse by a German company. The company operates a care facility. The foreign nurse first had to complete a German language course and a specialised nursing course. The costs for this, allegedly €12,900, were initially paid by the employer. They were to be repaid in monthly rates of €400, irrespective of the fact whether the nurse would actually get a job.

The nurse was given a job, but only for ten hours of work per week at a gross salary of €530. In addition, the nurse should perform »Schattendienste« (»shadow services«) in which he should accompany experienced nurses free of charge.

The foreign nurse now claimed the salary for a 40-hour week from the employer in a lawsuit, because in his opinion he had performed a full job over this period and not only, as suggested, was active for learning purposes. The employer denied this, filed a counterclaim and demanded repayment of the entire loan amount instead.

With the judgement of the Arbeitgericht Siegburg both claims were dismissed. The court pointed out that, on the one hand, the applicant could not provide exact evidence of the actual number of working hours and, on the other hand, the defendant could not submit an effective loan agreement.

»Such a contract unfairly disadvantages the employee if it does not correspond to the standards which the Bundesarbeitsgericht (Federal Labour Court) sets for repayment agreements on training and further training costs. Accordingly, a repayment agreement, which is also agreed in the case that the potential employer is unable or unwilling to offer the potential employee a job adequate for training, is generally invalid. In addition, in the opinion of the Court, the total amount to be paid of just under €12,900 was not broken down and the exact cost composition was not clear. Uncertainties about the amount to be repaid generally lead to the invalidity of such a repayment agreement. The judgement is not yet final. An appeal against the judgment may be lodged with the Landesarbeitsgericht (Regional Labour Court) in Cologne.«

» Dieser Blogbeitrag in Deutsch

Knowledge test (»Kenntnisprüfung«): German Doctors’ Congress calls for state-wide standardised knowledge test for physicians from non-european countries

The 121st German Doctors’ Congress (“Deutscher Ärztetag”) in Erfurt dealt intensively with the obtaining of the license to practise medicine for physicians from non-European countries and made demands on the legislator.

These demands include:

  • A state-wide standardised, efficient and transparent system of medical examinations should be established for foreign doctors, which ensures good medical care by foreign physicians and offers them increased legal certainty.
  • An examination of the submitted foreign certificates for authenticity and equivalence should in future be carried out by a federal authority in order to ensure a standardised assessment. The Advisory Board for Health Professions (“Gutachtenstelle für Gesundheitsberufe”, GfG) should be expanded and mandated to accept and decide on requests for assessments of equivalence (“Gleichwertigkeitsprüfung”) within the context of recognition procedures.
  • Each applicant from a non-european country should take a knowledge test (“Kenntnisprüfung”), which can be repeated up to twice. An exchange of data between the registration authorities regarding failed knowledge tests is to be set up in order to prevent so-called approval tourism.
  • The knowledge test on the basis of a German medical examination should be based on new scientific findings and test knowledge that is essential for the practice of the medical profession. A multiple-choice system is not the appropriate instrument to check the knowledge for the practice of the medical profession.
  • The knowledge test should be carried out according to a national standard and by universities.
  • A licence to practise medicine (“Approbation”) should only be granted after a knowledge examination has been passed. This has to be equivalent to the German third state examination of medical studies.
  • Medical language examinations (“Fachsprachprüfungen”) should be conducted at a high level that is standardised throughout Germany.
  • The federal states of Germany should ensure that foreign physicians who have to pass a knowledge test to prove an equivalent level of knowledge of their qualifications receive an appointment within the legally prescribed period of six months.

» Dieser Blogbeitrag in Deutsch

Germany-wide overview: Where is a medical language examination (»Fachsprachenprüfung«) required by the federal state Medical Association?

The language requirements for the medical profession are high in order to guarantee the quality of medical care. Meanwhile, almost all federal states of Germany have commissioned the state Medical Associations to carry out a medical language examination (»Fachsprachenprüfung«) for physicians coming from abroad. In 2012 the first medical language test was developed and realised by the Rhineland-Palatinate Medical Association, and now all federal Medical Associations have established a nationwide offer.

Many doctors who apply for a license to practise medicine in Germany (»Approbation«) do not know which certificates are officially recognised. Some applicants pay a lot of money and invest a lot of time in the hope of »bypassing« the medical language examinations in front of the state Medical Associations, which are considered to be challenging. Then they acquire certificates and learn afterwards that these are not accepted by the approval authorities in their federal state. Weiterlesen