Decree-Law no. 103/2023, of November 7th, proceeds to approve the legal regime regarding full dedication in the National Health Service and the organisation and functioning of family health units in Portugal.
Looking at Article 2 of the above-mentioned decree-law, the following individuals are henceforth subject to the full dedication regime:
- In the field of primary health care, multi-professional teams that are part of family health units.
- In the hospital sector, multi-professional teams that are part of integrated responsibility centres, along with doctors appointed, on a service commission basis, to carry out management duties on a service or department of the establishments and facilities of the National Health Service.
- In the public health sphere, medical workers.
Additionally, there is also the possibility for doctors in the field of primary health care and in the hospital sector who are not part of a family health unit or an integrated responsibility centre to join the full dedication regime on an individual basis.
In these cases, by means of a declaration directed to the highest management body of the health establishment or facility, the medical workers express their desire to join this regime of full dedication.
Simultaneously, Decree-Law no. 103/2023 sets out the remuneration system related to the full dedication regime, its duration, and forms of termination, as well as various incompatibilities and impediments applicable to workers.
In fact, the full dedication, as a working regime for the health professionals who work in the National Health Service, had already been planned out in Law no. 95/2019, of September 4th, commonly referred to as the Basic Health Law.
This legislation sought to ensure that the Portuguese State promoted this work regime, so as to eliminate instances where health professionals work simultaneously in the public and private sectors.
Subsequently, Decree-Law no. 52/2022 of August 4th, which approved the Statutes of the Portuguese National Health Service, also defined the legal regime of full dedication, stipulating, in its article 16, who could work under this work regime, namely medical workers in the establishments and facilities of the National Health Service.
The content of this information does not constitute any specific legal advice; the latter can only be given when faced with a specific case. Please contact us for any further clarification or information deemed necessary in what concerns the application of the law.