CANON LAW

I was a perpetually professed member of a religious institute, and worked as staff nurse of a prestigious hospital. Due to some personal issues, I left the institute a year ago. I was drawing a good salary for past ten years for the institute. Now I continue my nursing profession in another hospital. Some people have advised me to demand a huge sum from the institute. Can I make such demand?

Religious profession is an act of commitment based on religious faith. By the profession, any income received by the religious as salary, pension, subsidy, insurance, or under any other title, remains with the Institute (CIC c. 668 §3; CCEO cc. 468, 529 §3).  The Institute in return assumes the obligation of supplying what is necessary according to the proper law of each Institute. Therefore, one who leaves the Institute has no right to claim for oneself any remuneration for the service or ministry s/he rendered while being a member of the Institute.

Whatever the modality of separation, Canon 702 §1 of CIC and canon 503 §1 of CCEO legally exclude the right of the departed member to demand compensation for her work in the Institute. This norm must be viewed in the light of the understanding of religious profession. It is clear that it is unfair to lodge a petition in civil court against the Institute by the dismissed member for any kind of monetary allowances or for continuation of any ministry (job). When a former member demands such payment, it may be because of seeing a Religious Institute as merely any other Trust or Voluntary Organization.


Sr Navya Thattil OSF

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