女性護理人員勞動權益之保護－－淺談相關法規與挑戰

Protecting the Labor Rights of Female Nurses: An Introduction to Relevant Laws and the Challenges Still Ahead

為保障兩性工作權之平等，性別工作平等法因應而生，然而基於雇主撙節經營成本與護理工作之性質等因素，女性護理人員在勞動職場上面臨更大挑戰。本文將先介紹女性勞工應有之勞動權益與相關勞動法規如性別工作平等法、勞動基準法、勞工保險條例、勞工請假規則、育嬰留職停薪實施辦法、就業保險法，再以三則判決協助護理人員了解護理勞動權益之司法實務，期待護理人員能從實際案例中獲得借鏡，最後再針對女性護理人員在勞動權益議題上所面臨之困境與挑戰提供建言，希冀本文能喚起女性護理人員對自身勞動權益之覺醒，進而勇於向雇主爭取應有之勞動權益，如此一來，女性護理人員的勞動權益方有實現之可能。

The Gender Equality in Employment Act was enacted to protect gender equality in the workplace. Increasingly tight controls over operating costs by employers and the increasingly heavy workloads of nurses pose major challenges to the labor rights of female nurses. This article introduces the labor rights of female nurses as stated in relevant laws and regulations such as the Gender Equality in Employment Act, the Labor Standards Act, the Labor Insurance Act, Regulations on Leave-Taking for Workers, Regulations on Implementing Unpaid Parental Leave for Raising Children Pension Act, and the Employment Insurance Act. In addition, this paper introduces three judicial decisions that highlight domestic judicial practice with regard to labor rights in nursing. It is hoped that nurses may gain a better understanding of their rights and challenges from these judicial decisions. Finally, this article makes recommendations to help nurses overcome the difficulties in implementing labor rights. It is hoped that this article helps increase the general awareness among nurses of their labor rights and encourages nurses to pursue and secure their rightful labor rights from their employer.