Judgment No. 20006 of 2024: Clarifications on the Economic Treatment of Resident Doctors

The recent judgment No. 20006 of July 19, 2024, issued by the Court of Cassation, addressed a highly relevant issue for resident doctors: the economic treatment received during the training period. In particular, the decision clarified the provisions regarding the adjustment of scholarships for the academic years from 1992-1993 to 2005-2006, stating that these are not subject to annual increases or triennial adjustments.

The Regulatory Context

The judgment is based on a series of legislative provisions, starting from Legislative Decree No. 257 of 1991, which establishes the modalities of economic treatment for resident doctors. In particular, Article 6, paragraph 1, provides for a triennial adjustment that, however, has been temporarily blocked by a series of subsequent norms, such as Law Decree No. 384 of 1992 and other laws up to 2002. This block has had direct effects on the economic treatment of resident doctors, excluding the possibility of adjustments in relation to inflation and the cost of living.

UNIVERSITY - IN GENERAL Resident Doctors - Economic Treatment - Academic Years from 1992-1993 to 2005-2006 - Triennial Adjustment pursuant to Article 6, paragraph 1, Legislative Decree No. 257 of 1991 - Temporary Block - Existence - Foundation. The amount of the scholarships for resident doctors enrolled in specialization courses during the academic years from 1992/1993 to 2005/2006 is not subject to either the annual increase related to the variation in the cost of living or the triennial adjustment, as provided for by Article 6, paragraph 1, of Legislative Decree No. 257 of 1991, by virtue of the block of such updates provided for, with converging effects and without interruption, by Article 7, paragraph 5, of Law Decree No. 384 of 1992, converted by Law No. 438 of 1992, as interpreted by Article 1, paragraph 33, of Law No. 549 of 1995; by Article 3, paragraph 36, of Law No. 537 of 1993; by Article 1, paragraph 66, of Law No. 662 of 1996; by Article 32, paragraph 12, of Law No. 449 of 1997; by Article 22 of Law No. 488 of 1999; by Article 36 of Law No. 289 of 2002.

Implications of the Judgment

This judgment has significant repercussions for resident doctors, as it clarifies that during the examined period there were no opportunities for economic increases linked to changes in the cost of living. This means that scholarships remained fixed, without adjustments, creating a situation of economic uncertainty for many young professionals in the healthcare sector.

  • Block of economic updates from 1992 to 2006.
  • Direct impact on the economic life of resident doctors.
  • Regulatory clarifications that exclude the possibility of appeals for adjustments.

Conclusions

In conclusion, judgment No. 20006 of 2024 represents an important reference point for the issue of economic treatment of resident doctors. The Court of Cassation has reaffirmed the permanence of the adjustment block, leaving the scholarships unchanged during the considered period. It is essential that resident doctors, and more generally all professionals in the sector, are aware of the implications of this decision, which could affect their economic and professional expectations in the long term.

Bianucci Law Firm