Medic rezident. Încetarea raporturilor de muncă. Restituire cheltuieli de personal. Aplicarea deciziei nr. 5/2015 a ICCJ

Resident physician. Termination of employment. Reimbursement of staff expenses. Enforcement of Decision no. 5/2015 of HCCJ

Abstract

In accordance with Decision no. 5/2015 of the High Court of Cassation and Justice, delivered in the settlement of a second appeal in the interest of the law, the term “staff expenses" does not include the salaries received by the resident physician for the work carried out during residency, and the remuneration received cannot be reimbursed as costs incurred for the professional training, if the resident physician fails to comply with his obligation to continue the employment relationship for a certain period with the hospital in which he attended the residency programme, even if such clause would be provided in the addendum to the individual employment agreement, concluded pursuant to art. 196 para. 2 of Law no. 53/2003 - Labour Code,...