護理勞動權益:準備工作時間屬工作時間?【醫事法學教室】 試閱
Nursing Labor Rights: Does Preparatory Work Time belong to Working Hour ?
依勞動基準法第32條第2項規定,勞工之正常工作時間連同延長工作時間一日不得超過12小時,然護理人員正式工作前通常會進行「點班」之準備工作,該準備工作時間是否屬工作時間?若其屬工作時間,護理人員進行點班所花費之時間,則應納入1日工時上限(12小時)之計算範圍,反之則否,而此爭點涉及工作時間如何認定之問題,本文擬探究之。
According to Paragraph 32 Section 2 of the Labor Standards Act, a worker’s normal working hours including extended working hours shall not exceed 12 hours a day. However, nursing staffs usually carry out preparatory work for “shift counting” before they go to work. Is the preparatory work time considered as working hours? If it is working time, the time spent by the nursing staff on the shift should be included in the calculation of the maximum number of working hours in a day (12 hours). This controversy involves the issue of how to recognize working time, and this essay is intended to explore it.
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