О некоторых вопросах регулирования труда медицинских и фармацевтических работников в отдельных государствах ОЭСР

Abstract

The article presents the results of a study of the legal basis for the labor activity of medical and pharmaceutical workers in some states that are members of the Organization for Economic Cooperation and Development (hereinafter - OECD). The author provides general features and specifics of labor regulation models in the healthcare sector. The article analyzes legislation and law enforcement. Thus, the European (continental) and Anglo-American models stand out, which differ in the direction of regulation. The first model is distinguished by the social orientation of labor regulation and public law regulation of disciplinary liability issues through quasi-state bodies of control and supervision. Whereas the second model provides for more autonomy to the parties to labor relations in establishing working conditions and private law regulation of disciplinary liability issues through self-regulatory professional organizations. The second model is more flexible, allowing more freedom to build labor relations with medical and pharmaceutical personnel, contributing to the development of the market for medical services and the efficiency of the health care system. The article substantiates the need for the reception of individual institutions and norms of labor and medical law of the states in question in the legislation of the Republic of Kazakhstan. In particular, there is a need for an independent law regulating the legal status of medical and pharmaceutical workers by analogy with foreign laws on the regulation of medical professions, in order to differentiate the norms that establish the specifics of the application of disciplinary measures, compliance with professional ethics and quality standards.