Court rules on essential services in the event of a strike by resident doctors

The Administrative Labour Tribunal has rendered 12 decisions concerning essential services to be maintained, in the event that Quebec resident physicians decide to go on strike.

In an interview last December, the Fédération des médecins résidents said it was ready to resort to a strike in early 2025, in the absence of an agreement with the Quebec government regarding the renewal of its collective agreement. This agreement expired on March 31, 2021.

The Administrative Labour Tribunal was called upon to assess the list of services to be maintained on which the employers and the federation had since agreed.

“The Court considers, in this case, that maintaining the services agreed upon by agreement is sufficient to avoid endangering public health or safety,” wrote administrative judge Irène Zaïkoff.

According to this agreement, in the emergency room and in the intensive care units, 100 per cent of services must be maintained.

In the event of a one-day strike, the percentage of resident physicians on duty must be 25 per cent in the departments of anesthesiology, general surgery, internal medicine, oncology, obstetrics-gynecology, pediatrics and diagnostic radiology, as well as for surgical, medical and laboratory specialties.

In the event of a strike lasting two to three days, the proportion of resident doctors on duty must be 50 per cent in the same departments.

And, in the event of a strike lasting four days or more, the proportion must be 75 per cent.

Similarly, when only one resident physician is on duty in each category of care or services, all services must be maintained.

A possible strike by resident doctors, however, requires notice. The Court recalls that “before holding a strike, an association must draw up a strike notice indicating the date and time of the start of the strike, as well as its duration.” Such notice must be sent to the Ministry of Labour, the employer and the Court at least seven working days before the start of the strike.

The dispute between the Federation of Resident Physicians and the Quebec government concerns remuneration and the burden of tasks.

Resident physicians practice medicine under the direct or indirect supervision of a supervising physician. They hold an internship card issued by the College of Physicians.

–This report by La Presse Canadienne was translated by CityNews