| 摘要: | 因醫師之職業特殊性，醫師工作時間過長之勞動問題時有所聞且長期存在，然而過去觀念認為「勞工」僅限於藍領階層，醫師屬於專業人士，具有較高之社會地位，自非屬於「勞工」之一環。隨著現今勞動環境及世代觀念之轉變，勞動保障已不再只侷限於藍領階層。然而我國目前整體之醫療勞動環境欠佳且醫療人員人力不足，在這樣之體制下，導致繼續待在醫療機構之醫師、護理師工作量遽增。從各相關新聞報導可知，此類醫療人員過勞事件屢見不鮮，更引發社會大眾對我國整體醫療勞動規範高度關注與討論。
終於在我國政府、各民間團體及人民之積極推動下，我國遂於2019年9月1日將住院醫師正式納入我國《勞動基準法》之保障。本文係以各階段之醫師養成，依照其工作型態先予以區分勞務給付契約類型。並予以分析探討我國住院醫師入勞動基準法後，其工作時間適用於勞動基準法第84 之 1 條責任制，是否能真正改善醫師工時過長之問題？本文以為將醫師納入我國《勞動基準法》僅為醫師勞動保障之第一步，後續仍得從我國法制面及行政措施兩面向相互配合，才能達成改善我國醫師勞動權益之目的。
Due to the occupational specificity of physicians, the labor problems of physicians’ excessive working hours are often heard and long-term existence. However, in the past, "labor" was considered to be limited to the blue-collar class,and physicians are not classified as "labor", attributed to profession and high social status. With the changes of the generation concepts and the working environment, labor protection is no longer limited to the blue-collar class. Nevertheless, on the whole, the current medical labor environment in Taiwan is poor and the medical manpower is insufficient. Under such a system, the workloads of physicians and nurses in medical institutions have increased. According to the relevant news, such incidents of overwork of medical personnel are common, then draw the public’s attention and discuss the overall regulations of medical labor in Taiwan.
Finally, with the active promotion of government, various civil society groups and people, government in Taiwan officially announced that resident doctors were applied to Taiwan's Labor Standards Act on September 1, 2019. First of all, based on the development of physicians at various stages, this thesis distinguishes the type of labor service contract according to types of their work. Secondly, this thesis would analyze and discuss that after the Labor Standards Act applied to resident doctors, working hours are applicable to Article 84-1 of the Labor Standards Act. Can it really improve the problem of excessive working hours for physicians? This thesis considers that the inclusion of physicians in Labor Standards Act is only the first step of the labor protection of physicians. In the follow-up, we still need to cooperate with both the legal system and administrative measures in order to achieve the purpose of improving the labor rights of physicians in Taiwan. |
