How to become a General director of a medical institution and a Medical director at the same time? Can one person hold two positions?

This material will be useful for those who want to know if one person can hold two positions at the same time.

The material will cover the following questions::

• are the same conditions set for private and public institutions for the employment of a medical director and general director of a medical institution?
• who has no right to hold both positions?
• what restrictions are stipulated by the law?

Legislative requirements

What should attention be paid to:

• the fact that a person has a right to work simultaneously in several positions (at one or several enterprises) - Article 43 of the Constitution of Ukraine and Article 21 of the Labor Code of Ukraine. [1]
• change in the law, namely, an obligatory availability of a General Director, as well as a Medical Director in a structure of medical institutions management. However, it is important that a General Director is responsible for duties of the institution on matters of business activity, administration, financial matters, he represents the interests of the medical institution in relation with other objects of the business activities and other issues, which are not directly related to the provision of medical services by this institution. These innovations are stipulated by the Order “On Amending to the Directory of qualification characteristics of occupations of workers” of the Ministry of Health of Ukraine number 1977, dated October 31, 2018. Issue 78 "Health care".

So, can the same individual hold these positions? 

The issue has to be considered separately for state, municipal and private institutions.

Procedure and conditions of supplemental job

The procedure and conditions of supplemental job are determined by the Resolution number 245 [2] and the Order number 43 [3]

According to the Section 4 of the Resolution number 245, a supplemental job is forbidden for persons, who hold the following positions:

• heads of state enterprises, institutions and organizations and their deputies
• heads of structural subdivisions (divisions, departments, laboratories etc.) and their deputies (excluding scientific, teaching, medical and creative activities).

According to the Section 1 of the Regulation number 43, a supplemental job is defined as a work performed on a regular basis, under conditions of an employment contract, free of charge from the time of a principal work. It does not matter whether it is performed on the same or another enterprise, institution, organization or citizen (entrepreneur, private person).

Thus, one and the same person can not work on the position of a General Director of a state medical institution and a Medical Director of such an institution simultaneously. After all, both positions are executive. However, this applies only to state and municipal enterprises, institutions and organizations.

Conclusion

Up to date, there are no general restrictions regarding a supplemental job, since there is no relevant normative legal act on its limitation. However, this practice is prohibited in a state organization. 

Concerning a supplemental job on executive positions in private medical institutions - there is no direct norm of the law, which prohibits it. Therefore, the same person, who complies with the requirements for such a position, may hold the position of a General director and a Medical Director of such an institution simultaneously.

Are you in a similar situation? Do you want to know more about supplemental job on executive positions? Our lawyers will individually consider your case. Please, call us at number 0 800 330 967

[1] - Section 2, Article 21 of the Labor Code of Ukraine is stipulated: An employee has the right to realize his abilities to productive and creative work by concluding an employment contract on one or simultaneously at several enterprises, institutions, organizations, unless otherwise stipulated by the law, collective agreement or agreement of the parties. (A supplemental job)

[2] Approved by the Resolution "On a supplemental job for employees of state enterprises, institutions and organizations" of the Cabinet of Ministers of Ukraine number 245, dated 03.04.93

[3] According to the "Regulations on the Conditions for Supplemental Job of Employees of State Enterprises, Institutions and Organizations", approved by the Order of the Ministry of Labor, Ministry of Justice and the Ministry of Finance of Ukraine number 43, dated June 28, 1993, registered in the Ministry of Justice of Ukraine under number 76, on June 30, 1993