論基層醫護工作者之退避權【本期企劃】 試閱
Discussion on the Right of Withdrawal of Medical Personnel
我國關於勞工退避權之規定，主要規定於職業安全衛生法第18條，而醫事人員亦有同法之適用，則其是否可主張退避權而拒絕提供醫療服務，值得吾人探討。本文將針對退避權之適用情狀與行使要件，逐一進行分析，並檢討疫情下醫護人員可否透過退避權之行使來拒絕出勤或停止作業。
In Taiwan, the right of withdrawal of workers is mainly stipulated in Article 18 of the Occupational Safety and Health Act, and the same law is also applicable to medical personnel. Whether medical personnel can claim the right of withdrawal and refuse to provide medical services is a worth exploring issue. This article will discuss the applicable situations and requirements of the right of withdrawal, and review whether medical personnel can refuse to attend work or halt work through the exercise of the right of withdrawal under the epidemic.
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