醫院人力外包業務案：從臺灣桃園地院111年度醫字第8號民事判決看醫療機構人力外包之組織義務【學習式判解評析】 試閱
A Case Study on the Business of Human Resources Outsourcing in Hospitals: Discussing the organizational Obligations of Human Outsourcing of Hospitals from the Civil Judgment No. 8 of the Taiwan Taoyuan District Court in 111
基於經營成本，醫療機構透過人力外包模式補足醫療機構之運轉已成趨勢。外包人力受雇於人力外包公司，並不受雇於醫療機構，但其勞務提供之處所不是在人力外包公司，而基於該公司之派駐到醫療機構，並依醫療機構之指示提供勞務，其所提供之勞務係醫療機構組織運作下之一環。因此，外包人力雙重從屬於人力外包公司與醫療機構，兩者對於外包人力之運作皆有一定之組織義務，違反時，有民法第184條第一項之獨立侵權責任。
Due to operational costs, it has become a trend for hospitals to use the human outsourcing model to complement hospital operations. The outsourced workers are hired by a human resource outsourcing company and are employed by a hospital. However, the place where their work is performed is not with the HR outsourcing company, but with a hospital. These outsourced workers provide their services according to the instructions of the hospital and under its operational organization. The work performed is part of the organizational operations of a hospital. Therefore, the outsourced workforce is doubly subordinate to the labor outsourcing company and the hospital. Therefore, both have certain organizational obligations for the operation of the outsourced workforce at the same time. In the event of a violation, there is independent liability for tortious acts by Article 184 Paragraph 1 of the Civil Code.
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