醫師適用勞動基準法的爭議－－以會計師、律師經驗為鏡

Dispute about physicians being covered by the Labor Standards Act - the experience of accountants and lawyers

醫師工作過勞已是社會議題，醫師勞動權益的保障，已不能忽視。「勞動基準法」所定的規範，是勞動權益的最低標準，受僱醫師希望能獲得渴望已久的保障。其他行業適用勞基法過程上也面臨類似問題。但從社會公義角度，醫師納入勞基法究竟是對民眾醫療權益的保障或是減損？當其他排班的醫療人員均納入勞基法保障，以及當類似具有長時間工作性質的會計師、律師陸續納入勞基法保障後，醫師尚未納入的正當性為何？到底醫師適用勞基法可能遇到的問題以及解決的方法是什麼？本文將從勞動基準法上規範的勞動權益保障分析出發，並藉由會計師、律師適用的進程，觀察此二自由職業的適用經驗，進一步提出醫師適用勞基法可能的方式以及需要的配套措施，以提供未來政策規劃之參考。

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.