试论住院医师规范化培训“单位人”模式弊端

Discussion on the drawback of the“Unit Person”policy model for resident standardized training

单位派出医师参加住院医师规范化培训后劳动争议频发。“工资和社会保障待遇”本质上是委派单位补充财政投入的不足,为住院医师规范化培训投入的培训经费,但依据劳动法应属于用人单位不得因约定而免除的法定义务。司法实践对违约金的认定不一、“单位人”和委派单位等的权益困境,均客观反映出住院医师规范化培训“单位人”模式存在弊端。现阶段审视此弊端具有急迫性和重要性,亟待政策作出相应调整。

Labor disputes frequently happen after medical institutions send medical personnel to participate in resident standardization training.Wage and social security benefits shortfalls essentially due to insufficient financial investment from the medical institutions for standardized training for residents.However,according to the Labor Law,the trainees are also legal obligations of the training facilities and not allowed to be waived by arrangement.Judicial practice has different recognition of liquidated damages and the dilemma of“unit person”and medical institutions which send residents out,all of which objectively reflect the drawback in the current policy of the“unit person”model of resident standardized training.At this stage,it is urgent and important to examine the drawback,and the policy should be adjusted accordingly.