醫師適用勞動基準法的爭議－以會計師、律師經驗為鏡

Abstract

Overwork has caused strokes or death for many physicians, and is currently a widespread social controversy. The protection of working rights of physicians is an issue that cannot be neglected. The Labor Standards Act (the Act) was enacted to provide minimum standards for working conditions. Employed physicians hope to get this long-awaited protection. Problems occurred when the Act was applied to to other businesses. From the perspective of social justice, however, will having physicians covered by the Act protect public health and prevent impairment? Other medical staff are covered by the the Act, as are accountants and lawyers who have similar long working hours, so should physicians not also be covered by the Act? In the end, what problems and their solutions may we encounter when physicians are included under the Act? This article will analyze the issue in terms of the protection of labor rights by the Act, and from the observation of the application process to accountants and lawyers; finally, we propose a way for physicians to be covered by the Act along with necessary supporting measures.