48. Concediu de formare profesională pentru pregătirea şi susţinerea examenelor în cadrul facultăţii, într-un domeniu de disciplină corelat cu activitatea desfăşurată. Neacordare. Consecinţe
48. Professional training leave for the preparation and taking of exams within the faculty, in a field of discipline correlated with the activity carried out. Non-granting. Consequences

Summary/Abstract: The provisions of Article 192 of the Labor Code, which establish the objectives of professional training, regulates this activity as a form of acquiring new knowledge in order to improve the employee's performance within the employment relationship in which he is already employed. At the same time, the law establishes the concrete forms of professional training, including the forms of training agreed between the employer and the employee (Article 193 letter f of the Labor Code). In this case, the collective agreement explains, at Article 143 the meaning of “professional training”. The attendance by the claimants hired as nurses at the defendant unit, of the courses of a faculty – Faculty of Medicine and Pharmacy – in the subject field related to the activity carried out by the claimants, i.e. the specialization as „general nurse” can only be a „specialization or skills upgrade” in the sense stipulated by Article 143 of the Collective Labor Agreement. The training leave is not granted in order to take an examination and pass it, but in order to prepare the stages of learning and examination, being irrelevant for granting the leave the fact that the claimants passed or not the actual exams or that they were planned or not to be taken during the period of leave for professional training.

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