| 英文摘要 |
This paper attempts to introduce the analysis method of game theory in the study of labor law and open up different perspectives of labor law research. In terms of the issue whether the Labor Standards Act is applicable to employed physicians, I use the model of the game theory to analyze the games between the employed physician, the group of employed physicians, the medical institution, the group of medical institution, and the government. As of August 2018, since the Labor Standards Act does not apply to employed physicians, their working conditions are unprotected. As such, a prisoner’s dilemma is existed. In order to escape the prisoner’s dilemma, the rules of the game should be changed. The “Guidelines for the Protection of Residents’ Labor Rights and Working Hours”, which was revised and published by the Department of Health and Welfare in 2017, provides only a little help in solving the above mentioned issue. Organizing trade unions and negotiating a collective agreement with medical institutions is another way to change the rules of the game. This is a difficult route because currently only a small portion of physicians joined the trade union. This article argues that from the perspective that the government shall makes its policy decisions based on the considerations of protecting the employed physicians’ rights and improving the quality of medical care for Taiwanese, the application of the Labor Standards Act to the employed physicians is the direct way to resolve the problem. After the rules of the game have been changed, the working conditions of the employed physician will be protected formally. In the future, whether the legal provisions can be implemented? It is still subject to the results of the new games between the employed physician, the medical institution and the government after the application of Labor Standards Act. |
