Disappointing speeches, unfulfilled promises of protection against dismissal and the question of why the taxpayer should take all the risks for a hospital where only Caritas Regensburg has a say and where ecclesiastical labor law applies, with fewer co -determination, they have the works council of Kelheimer Goldberg-Klinik and prompted the union ver.di to examine the legal steps.
The taxpayer pays everything, Caritas Regensburg is in office and a controversial consultancy company takes a back seat: this is what the agreement for the Goldberg Clinic, in the future Caritas-Krankenhaus St. Lukas GmbH, in the district of Kelheim, looks like. said to have employee benefits and medical care (our report). But the promised protection against dismissal hardly protects anyone from dismissal. And if the already loosely formulated and uninnovative medical concept of Oberender AG, which was presented to the district council and should be the basis for the agreement, is to be implemented in this form, it should currently be fully open. This was announced by the works council of the Goldberg Clinic and the ver.di union after the “disappointing” talks with Caritas Regensburg.
The promised protection against dismissal does not exist
“Many of the verbal commitments made during the crucial meetings of the supervisory board and the district council have no longer been found in discussions between the works council and the representatives of the new shareholder,” says union secretary Josef Ilsanker. On the one hand, the proposed wording on protection against dismissal does not really protect against dismissal. “It hardly excludes grounds for termination.” On the other hand, contrary to the initial promises, the employees were literally forced to switch from the collective agreement of public service (TVöD VKA) to the collective agreement of the church (AVR).
“Although the employers have given the opportunity to keep the existing collective agreement, the collectively agreed benefits must be frozen at present,” Ilsanker criticizes. “This means that colleagues would have been decoupled from the expected salary increase as early as early 2023. With an inflation rate of seven percent or more, who can afford a setback in wage development?” This is how a change to the AVR is forced out of the back door. Ilsanker points out that this approach could also lead to layoffs, “because colleagues will surely soon find a job in a house where the key collective agreement TVÖD VKA applies”.
The implementation of the medical concept is on the verge
However, the trade union secretary is very irritated by the behavior of Caritas representatives when it comes to the medical concept and co-determination. The presented medical concept therefore represents a change in the company where, according to the Works Constitution Act, clear co-determination rights exist for the currently existing works council. “But the employers don’t want to recognize it.” According to Ilsanker, the employer rejected the business change argument because at the time of the interviews it was not yet possible to say exactly “if and how the concept can be implemented.” A strange statement.
This would constitute an essential basis for the operation (already authenticated), which assigns exclusive power to Caritas Regensburg for a symbolic euro and to the district to assume all the burdens and risks – without any significant item: at least 140 million euro of financial needs alone. the next ten years. “On what basis did the district councilors decide on the future of the Goldberg clinic?” Asks union secretary Ilsanker.
Caritas Regensburg: All rights, almost no obligations, no risks
The works council and the union suspect that Caritas’ statements are an attempt to play the game of time, until “until the works council has become a worker representation body (MAV) because a MAV has far fewer rights of co -determination”. Indeed, the agreement presented to the district council contained almost no hard obligations for Caritas Regensburg. According to the contract, this should “make the best effort possible” to maintain the hospital, be “necessary” to further develop the medical concept or “should” create a new investment concept. Constantly non-binding formulations that leave all options open to the new ecclesiastical body, while the district is obliged to take on an annual deficit currently forecast at 8.6 million euros per year until 2032, plus at least 52.5 million euros. necessary investments.
As union secretary Ilsanker reports, ver.di is now examining, together with specialist attorney Dr. Armin Rockinger, legal action against the planned change in the church’s labor law, which would affect 682 employees of the Goldberg Clinic. “Caritas owns 51 percent of the Goldberg Clinic, while the public sector, ie the taxpayers, bears the entire risk. One wonders whether the transition to ecclesiastical labor law is legitimate “.
Who benefits from this agreement?
Caritas Regensburg had the medical concept elaborated by Bayreuth-based Oberender AG, a consulting firm considered a particularly resistant disinfectant and whose approach has repeatedly drawn criticism in other clinics. Among other things, there was talk of private awards, unclear forecasts and excessive compensation. In the Nordoberpfalz clinics, almost the entire management was replaced under unclear circumstances and replaced by people from Oberender.
For Kelheim, the consultants, whose portfolio also includes clinic management and the purchase and sale of hospitals, propose, among other things, an increase in cases of about 20 and a performance of about 31 percent by 2028 – with nearly equal nursing staff. However, there should be an increase in the number of employees in the administration by almost 40 percent, for which reason it remains open. And the question arises of where the “synergistic potential” that the district hopes from the so-called “strategic partnership” with Caritas should reside.
The fact that 72 percent of the projected growth has to be provided by an external provider of surgical services, i.e. something that does not require collaboration with Caritas, raises the question of the point of the hospital agreement, which drastically limits the decision-making powers of the district. , but at the same time obliged to take all risks.