護理勞動權益：留任獎金之返還【醫事法學教室】 試閱
Rights of Labour of Nursing: Refund of the Retention Bonus
醫院為鼓勵護理人員留任，與護理人員約定護理人員於一定期間內留任，可獲得留任獎金，惟護理人員若於該期間內離職，應返還該筆留任獎金，然而此筆留任獎金返還之基礎或性質為何，即勞工因離職此一解除條件成就而應返還留任獎金？或係勞工違反任職一定期間之約定時所應支付之違約金，而於此情形，其是否有民法第252條違約金酌減規定之適用？本文擬探究之。
To encourage nursing staff to stay in their positions, the hospital has agreed to offer a retention bonus to those who remain for a specified period. It should be noted that if the nursing staff leave their positions during this time, they will be required to refund the bonus. This essay will explore the basis and nature of the retention bonus. The related issues include the following: whether the labourer is entitled to a refund of the retention bonus upon fulfilling the condition of job termination, whether liquidated damages should be paid when the worker violates the agreement of one period of employment, and whether paragraph 252 Civil Law applies to the liquidated damages discretionary provision.
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