47. Bursă de rezidenţiat. Calificarea acesteia drept cheltuială ocazionată de pregătirea profesională
47. Residency scholarship. Its classification as a cost triggered by the professional training

Summary/Abstract: The scholarship received during the residency does not constitute a component of the salary, and it does not represent a consideration for the work done but expenses for professional training that are subject to restitution, in case of violation of the obligation assumed by the defendant to work at the claimant health unit with whom he/she concluded the individual employment contract for a number of years equal to the duration corresponding to the residency training. The material liability of the resident physician for the amounts collected as scholarship from the defendant during his professional training is employed under the law and the provisions of the addendum to the individual employment contract are only an application of the law to the particular case of the employee. By the enforcement by the employee of some clauses of the addendum prior to the act itself (clauses that are not mentioned in the individual employment contract), he consented to the conclusion in this form of the additional agreement, and the court may not hold, in reliance on its priority that part of the addendum is valid, i.e. that concerning the employee's right to take specialization courses during the residency and to receive salary rights and expenses incurred in his professional training, while another part, that concerning the employee's obligation to bear the costs incurred by the employer in the event of non compliance with the obligation to work at the employer health unit for a number of years equal to the length of training in residency would be null and void, as it cannot be inferred that the employee consented to a part of the addendum clauses did not consent to other clauses.

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