A Study on the Practice of Nursing Staff Working Hours System--A Case Study of the Influence of a Hugh Break

• Main Authors: YHE, CHING-FANG, 葉菁芳
• Other Authors: LI, YU-CHUN
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/v88k9r

碩士 === 世新大學 === 法律學研究所(含碩專班) === 106 === As lacking of appropriate regulations applying for medical employees for a long time in Taiwan, Taiwanese medical employees surpass the average work hours than many other countries yet they are paid a minuscule salary in comparison. It leads to a higher turnover rate with lower performance and becomes a main issue in Taiwanese medical industry. The configuration of nurse manpower shortage especially which is meant by the management results in members of nursing staff work one against three to fill the leak of nurse manpower. The urgent and impatient patients and their family members always complain the bad manner of impatient nurses which is owing to the deterioration of medical treatment caused by heavy workloads when they face them. Compensation and benefits package attracts the nursing staff mainly while they aren’t across-the-board protected by Labor Standards Act due to the flexible working hours forced by employers. Working overtime happens normally will lead the nursing staff can’t have a full rest and take good care of herself(himself) and her(his) family members at the same time. Nursing occupation deteriorates continuously will contribute nursing staff to be one of the lowest performance intention occupation. The shortage of nurse manpower gradually reduces medical treatments which brings about sweeping collapse of the medical treatments in Taiwan. The study focuses on exploring the work hours system because it arouses controversies greatly and becomes the core of labor relations also influences the balance of the labors themselves and their families. This article researches current situations and regulations to improve nursing industry in Taiwan. The convenience of medical treatments in Taiwan like convenient store runs twenty-four hours a day. The chaos such as opening outpatient clinics in non-office hours is one of the classic sequelae caused by National Health Insurance(N.H.I). The benefit package of N.H.I depends on cases which means more cases bring more payments. Taking only three or four days off in new year’s holiday per year, medical institutions increase numbers of outpatient clinics to expend profits of benefit package. Though case payment is converted to fee-for-service of benefit package nowadays, medical institutions still try hardly to grasp patients by running seven days a week around the competitive environment. Art. 36 sec.1 of Labor Standards Act: “A worker shall have two regular days off every seven days. One day is a regular leave and the other one is a rest day. ”, it is so called “one fixed day off and one flexible rest day”. An amendment on art. 36 of Labor Standards Act had been made on 2015.12.21. and came into force on 2017.1.1. by Legislative Yuan, Republic of China. Art. 40 of Labor Standards Act: “A worker shall have two regular days off every seven days. One day is a regular leave and the other one is a rest day. ” Both of the two articles arouse huge positive impact including rest hours and work environments such as increase of overtime pay and decrease of work hours. Due to shortage of medical manpower, some medical institutions choose to reduce medical manpower and cost by closing outpatient clinics on weekends and vacations. It really does nothing good but reverses abnormal medical industry back to normal way.