Source: Il Sole 24 Ore of Health 05/10/10
Court of Auditors: Executives and employees of a hospital of compensation for the 'Treasury. "You do not use the ready availability of nurses on staff shortages. "The availability should be used only when no real emergency you can always resort to, blowing up the needed rest to the employee is paid is readily available in overtime. Who does it - managers of the hospital and employees - make a loss to the Exchequer.
He clarified the Court of Auditors of Lazio (Case No 1606/2010 of 9 August), appended to the legitimacy of case law that has long been recognized as the non- enjoyment of the weekly rest is in contrast with Article 36 of the Constitution. In this case, the prosecution had found the illegal use financial resources of a garrison Lazio for 2003, 2004 and 2005 had created "a mechanism for pay outside the law, in order to find nurses in anesthesia and intensive care hospital of the EU increased availability and compliance in making performance of urgency. "
In practice, the shift of normal, average duration of 6 hours per day, played as if they were constantly on-call shifts: one at the same time covering the same employee's shift more of the other shifts in different departments. The nurses earn more, and the hospital did not have to take other staff. The Court of Auditors reconstructs the "ratio" of the Institute of the availability and terms of legality of its use. The availability
overtime - says the decision - not a job in technical legal sense, but includes a requirement for the worker and intermediate accessory. It is therefore characterized by the provision of tasks to meet in extraordinary and urgent needs of the service, characterized by specialty and occasional (usually at night and on holidays). Companies can assess any additional situations where the readiness to admit, according to your organizational needs, but does not provide mechanisms for the replacement of availability to work shifts. The requirement of availability does not equate to job performance and therefore requires recognition of compensation not as a day of work, but with a lesser amount.
In this case, however, there has been "placing a carpet ready availability of nurses, not at all by the occasional and particular situations of hardship." The resulting payments are illegal and therefore can be traced to abuse in the management of hospital resources, because "they pose, in fact, a real fringe benefits" granted to nurses to encourage them to make up for the shortage. About the quantification of economic damages, the Court points out, are stolen from the amounts requested by the prosecutor all sums paid to nurses for the provision of overtime during the period in question, and the sums paid for the legitimate placement in readiness at night and holidays.
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