The issue of exhausting working hours for resident and specialist doctors in public hospitals is turning into a matter of patient safety and the protection of the doctors’ own health. In a letter to the Minister of Labour, the Union of Resident and Other Junior Doctors of Cyprus (SEANIK) responds to previous statements by Marinos Mousiouttas, raising the issue within the framework of existing legislation and warning that exceeding the maximum working hours concerns not only doctors’ labour rights but also the safety of the patients they care for.
The letter from SEANIK was sent in response to the minister’s reply to a parliamentary question by AKEL MP Giorgos Koukoumas, who had raised the issue of working conditions for resident doctors. In his response, the minister stated that residents have the right to withdraw their consent to work beyond 48 hours per week. At the same time, however, he noted that, within the context of specialist training, such a choice could affect the completion of the training programme, which requires specific criteria, including a number of on‑call shifts and presence at the workplace.
According to the minister’s response, working beyond the limit may be necessary for residents to complete their specialisation within the timeframe of their contract and gain the required clinical experience. He stressed that any work beyond 48 hours must be done with consent and be accompanied by compensatory rest.
The 48‑hour limit in the law
SEANIK argues that the ministry’s position revealed an “inadequate understanding” of the issue and is requesting a meeting for further discussion. In its letter, it cites provisions of Cyprus legislation on the organisation of working time, noting that the term “employee” includes resident doctors. The same legislation provides that working time must not exceed 48 hours per week on average, including overtime.
A key provision concerns exceeding the 48‑hour limit. This requires the employee’s consent, and the employee must not suffer any consequences if they refuse to perform additional work. At the same time, the employer is required to maintain a record of those working beyond the limit, while the competent authority has the power to prohibit or restrict such excess for reasons of safety and health.
This point lies at the core of the dispute. On the one hand, the minister acknowledged the right to withdraw consent. On the other, he linked refusal to exceed the 48‑hour limit with possible consequences for completing specialisation. SEANIK counters this with the explicit legal provision that an employee must not suffer any consequences if they do not agree to work beyond the limit.
Fatigue and errors
Particular emphasis is also placed on rest periods. The union notes that, in addition to exceeding the maximum weekly working hours, the required compensatory rest is not provided. The legislation provides for a daily rest period of 11 consecutive hours and a weekly rest period, while adequate rest is defined as necessary to prevent workers from causing harm to themselves, colleagues or third parties, and from damaging their health due to fatigue or irregular working patterns.
SEANIK states that resident and specialist doctors in public hospitals have been working for years up to, and even beyond, double the maximum weekly limit of 48 hours. The relevant authorities, it says, do not maintain records of each resident’s working hours, even though such record‑keeping is part of the monitoring framework.
The argument that excessive working hours serve training purposes is also challenged in the letter. SEANIK notes that training improves with working hours up to a certain point, beyond which exhaustion has the opposite effect. An exhausted doctor, it states, cannot be effectively trained.
