醫院護理人員之資遣案例探討【醫事法學教室】 試閱
A Study of Nursing Personnel's Severance Cases in the Hospitals
本文主旨在探討勞動基準法中終止勞動契約態樣之一即資遣的三則實務案例。三則實務案例之主體係為護理人員(護士、護理師)與醫療機構中之醫院。觀察實務見解,有鑑於資遣涉及勞工身分之改變與工作權之保障,勞動契約不易被終止。無論對於護理人員或醫院,乃值得特別關注之風險管理議題。
The theme of this article is to discuss three judicial cases related to severance which is one kind of labor contract termination mentioned in the abor Standards Act.?The subjects in the three cases are nursing personnel (including professional registered nurses and registered nurses) and hospitals which belong to medical care institutions. Observing judicial practice opinions, labor contract termination is interpreted as being difficult due to severance which relates to workers status change and protection of the right of work. This risk management issue deserves special consideration no matter to nursing personnel or hospitals.
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