FNOMCeO
Civil Cassation, Judgment , n. 26441
General practitioners
Author: Chiara di Lorenzo – Legislative Office FNOMCeO
The Supreme Court stated that if, since the ASL has not taken steps to identify the disadvantaged or disadvantaged areas, the Region provides after some time, it is not recognizable in the hands of the Region a contractual liability of negotiation or legal source, with regard to general practitioners, given that the Region is not a party to the relationship in the agreement, and the provisions of the AIR, as of the ACN, do not contain a contractual obligation on the part of the Region towards doctors.The latter, in fact, once the professional employment contract has been stipulated with the ASL, receive the economic treatment on the basis of what is established by the collective bargaining in the various levels in which it took place, an area in which the identification of the territories as disadvantaged or very disadvantaged areas is also inserted. Therefore, in the case of a claim for compensation, the ASL is legitimately and not the Region.
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Source – https://www.univadis.it/viewarticle/medici-di-medicina-generale