護理勞動權益：論雇主之調職權限兼論調動五原則【醫事法學教室】 試閱
Labor Right of Nursing: On the Competence of Transfer by the Employer and on the Five Principles of Transfer
雇主調動勞工職務，應具調職權限，始得為之，且調職權限之行使應受到權利濫用禁止原則之限制，從而該等調職始為適法。本文將介紹一則護理人員主張雇主違法調動其職務之判決，本件之爭點涉及雇主調職權限、權利濫用禁止原則、調動五原則等概念，本文擬藉此判決探究之。
It would be legal if the employer transfers the duty of employees with the competence of transfer. Exercising this kind of competence would be limited by the prohibition of abuse of rights. A judgement, in which the nursing staff complained the employer about an illegal transfer, would be introduced in this article. The legal issues are the concepts like the competence of transfer by the employer, the principle of Prohibition of Abuse of Rights, five principles of transfer, etc. By introducing this judgement, these topics would be analyzed in this article.
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