護理勞動權益：年終獎金之法律性質【醫事法學教室】 試閱
Labor Right of Nursing: The Legal Nature of Year-end Bonuses
年終獎金究屬工資或雇主對勞工之恩惠性給與，迭有爭議；且若可依勞動基準法第29條規定領取年終獎金，其領取要件為何，殊值探究。本文擬介紹一則護理人員請求醫院雇主給付年終獎金之案例，本件爭點涉及年終獎金之法律性質與勞動基準法第29條規定之解釋，本文擬藉此判決探究之。
It is controversial whether year-end bonuses are wages or favors payments by the employer to the workers. If the year-end bonuses could be received according to paragraph 29 Labor Basic Law, what are the requirements for receiving them? In this essay, a case would be introduced, in which a nursing staff requested the hospital employer to pay the year-end bonus. The dispute involving the legal nature of it and the interpretation of paragraph 29 Labor Basic Law would be analyzed in this essay.
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