The group representing junior doctors, the IMO, says it is continuing with its plans for a national strike on Thursday 25th September.
Yesterday, the HSE referred the dispute to the Labour Relations Commission, saying it is seeking an early date for discussions.
The HSE says it will continue to engage with the IMO in its efforts to work towards compliance with the European Working Time Directive.
The Health Service Executive says significant progress has been made in many hospitals to meet the two interim targets set by the European Commission - a maximum average working week of 68 hours and a maximum shift period of 24 hours.
However, a spokesman for the Irish Medical Organisation says it seems extraordinary that the HSE would refer a matter to the LRC without attempting to first put forward their own proposals on how the issue might be resolved, claiming it is a total abdication of responsibility and an abuse of the industrial relations process.
The IMO says if they're invited to discuss the matter at the LRC they will attend, but they will continue with plans to strike September 25th.