The Community of Madrid Prosecutor's Office supports the appeal that the Amyts medical union presented for the demand for 100% minimum services in the extra-hospital emergency strike at the end of last year.
The Public Ministry considers that the Community of Madrid was very vague in justifying this percentage and did not sufficiently support this high demand, therefore, it concludes that the right of the workers was violated.
"The requirements of motivation and proportionality that the jurisprudence has been proclaiming are not met," writes the Prosecutor's Office in a document to which EL PAÍS has had access.
Now it will be a judge who has to decide if demanding 100% of minimum services was an excess.
The reopening of the extra-hospital emergencies announced by President Isabel Díaz-Ayuso, closed since the pandemic, was “chaos” in the words of the toilets, which led to this strike in November, which was called indefinite and ended up lasting 10 days.
From the beginning, the conveners argued that it was a symbolic action due to the high demands of minimum services of the Community.
For this reason, the union filed an appeal against this decision that they considered disproportionate, something that the Prosecutor's Office now supports.
The Public Ministry relies on the doctrine of the Constitutional Court to support the claim of the majority medical union.
Thus, it is supported by rulings that indicate that "those resolutions that establish the minimum services and lack motivation or offer one of a generic nature, valid for any strike call or, in general, those that do not consider the specific circumstances of the one to which that they refer to will be considered null.
The letter from the Prosecutor's Office also refers to other judicial rulings such as one from 2012 on a strike at the Summa 112 switchboard that also rejected the minimum 100% services and which argued that "the hypothetical essentiality of the service does not constitute by itself a reason sufficient for the establishment of the minimum services at 100%”.
On October 20, Ayuso proclaimed the reactivation of the service in the Madrid Assembly and in less than a week hundreds of doctors from all over the region began to receive emails, mostly at dawn, in which they were assigned a new position and overnight and, in many cases, tens of kilometers from his home and his longtime patients.
Thus began a succession of centers that did not have a doctor, uncovered sick leave, forced transfers... The doctors denounced that the regional government wanted to open more care points without hiring more staff.
The strike lasted from November 7 to 17, when the doctors and the Ministry of Health reached an agreement.
On paper, the doctors managed to get the Government to renounce opening 78 emergency points with a doctor, as the president initially promised and that only 49 were still open under these conditions, 39 of the former Rural Care Services (SAR ) and 10 Primary Care Emergencies (SUAP), all with their own equipment.
However, the doctors now feel cheated and consider that the regional government is not doing its part.
According to health professionals, the majority of rural centers are still without doctors and threaten to return to mobilizations.
The Community, for its part, attributes the dysfunction in planning to the "significant volume of sick leave".
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