Doctors' Working Week
醫生工時爭議裁決雙輸 妥善安排勿損市民利益
文章日期:2009年11月30日

雙語社評齊齊聽

英語 (足本收聽)

普通話 (足本收聽)

【明報專訊】YESTERDAY the Court of Final Appeal (CFA) ruled on the dispute between the Hospital Authority (HA) and public doctors about the latter's work hours. It dismissed doctors' appeal about overtime compensation and the HA's about days off in compensation for on-call duty. Neither has won. However, the CFA ruling that doctors should be entitled to days off for off-site duties shows there is a shortage of public doctors. The HA and public doctors should put citizens' interests first. They should sensibly and responsibly work out a plan to tackle the problem without adversely affecting their services.


英語

終審法院昨日就公立醫院醫生工時爭議作出了裁決,對於醫生就超時額外補償、醫管局就醫生候召(on call)補假的兩項上訴,均予駁回。這場官司沒有贏家,但是終院裁決醫生候召可以得到補假,暴露出公院醫生人手短缺的實質,醫管局管方和醫生必須以市民利益為依歸,在不影響對市民服務的大前提下,本諸理性和責任,妥善解決人手問題。


普通話

When a court hears an industrial dispute, it mainly has regard to employment legislation. For example, the definition of "rest day" the CFA referred to when it made its ruling about doctors' days off in compensation for their on-call duty is not one that suits the HA's book but one that is universally applicable. Though it is said the the CFA disregarded the nature of the HA's operation, its ruling reveals there is a shortage of public doctors. Nevertheless, when it dealt with the case, the CFA had to adhere to universally applicable principles. The ruling again shows a court's decision on an industrial dispute may well surprise both parties to it because the court is slow to have regard to "peculiar characteristics or circumstances".


英語

法庭審理勞資糾紛,較多從僱傭規例着眼,例如這次就醫生候召補假的裁決,終院就休息日的定義就不為醫管局而設,而是以「放諸四海而皆準」的準則來處理。因此,終院的裁決,雖然被指為罔顧醫管局管理運作實質,即時暴露了醫生人手短缺的問題,但是「休息日」理當如此,終院只能按一般原則處理。這個案例再一次說明勞資糾紛若交由法庭審理,由於後者缺少了「特殊性質或情况」的考慮,因此,裁決結果許多時候都會出乎涉案雙方的意料以外。


普通話

Commenting on the CFA ruling on the dispute between public doctors and the HA, Secretary for Food and Health Dr York Chow said, "I thought from day one both had lost, for the dispute basically arose from the mistrust between doctors and the management. Consequently, they still have 'illnesses' that cannot be totally cured." It is apt for Doctor Chow to have used "illness" to describe the relations between public doctors and the HA. HA managers are members of the elite, as are public doctors. They are all medical professionals. However, they could not settle their differences by themselves and had to resort to litigation.


英語

關於醫管局和醫生這宗官司,食物及衛生局長周一嶽評論終院的裁決時,表示「由第一日開始,我覺得雙方都已經輸了,因為基本上是醫生與管理層在信任方面破裂而引起的,使得他們至今仍有些未可以完全治好的『病』」。周一嶽以有「病」來形容醫生和醫管局之間的關係,很恰當。雙方都是精英人才,分屬醫療同仁,卻不能私下解決分歧,要訴諸法庭。


普通話

Public doctors have fallen out with the HA mainly because they distrust each other. Their relations bear on the public interest. We therefore maintain that they should promptly end the estrangement between them, try to trust each other and work together with one heart and one mind to serve the public. However, it takes both sides to build up mutual trust. As the saying goes, you can't clap with one hand. Therefore, both sides must be above board. Nevertheless, as they run the public hospital system, it is arguably more incumbent on HA managers to try to foster mutual trust. Some frontline doctors criticise the HA for disregarding their profession and say they have few opportunities to study abroad or get promoted. They say these are the main reasons why public doctors tend to do things by the book. It would help patch up its relations with public doctors for the HA to be aware of their concerns.


英語

導致醫管局與醫生翻臉,雙方缺乏互信是主因。我們認為,基於工作範圍性質,醫管局和醫生關係的良窳,涉及公衆利益,因此他們有必要盡快消除隔閡,建立互信,一心一德地為市民提供高水準的醫療服務。互信並非單方面可以建立,正所謂「一隻手掌拍不響」,因此雙方都要開誠布公,至於作為醫管局管理層,在建立互信方面的責任可能更大一點。一些前線醫生批評管方罔顧他們的專業,而且缺少到外地進修和晉升的機會等,是他們處處顯示公事公辦情緒的根源。醫管局能夠體諒這一點,對於修補與醫生的關係,會有正面作用。


普通話

Because of the CFA ruling, public doctors are worried that the HA, not under pressure, may no longer work vigorously to reduce their hours. Since 2006, public doctors have worked shorter hours. That year 18% of the public doctors worked 65 hours a week or more. The percentage is 6% now. In 2006, 42% of them worked 55 hours a week. Now, only 29% do so. The situation is, one may say, improving, though it still falls short of public doctors' expectations. They aim at a 44-hour working week. In our view, the HA must not be slack about shortening their hours. It must strive to ensure that they will have a normal working week. Only if they do so can the quality of public hospital services be better guaranteed. Furthermore, it would go a long way towards building up mutual trust for the HA to do so.


英語

終院裁決後,醫生最擔心由於缺乏壓力,醫管局在改善醫生工作時間方面,可能會不再積極。由2006年起,醫生每周工作時數已有縮短,例如由當年18%醫生工作65小時或以上,下降至今年只有6%醫生工作65小時,若以醫生每周工作55小時而言,2006年有42%,今年只有29%。可以說,情况正在改善。不過,與醫生爭取每周工作44小時的目標,還有一段距離。我們認為,在縮短醫生工時方面,醫管局不宜放軟手腳,應該持續逐步推行,使醫生的工作時間趨於正常,對市民的服務質素才有較大的保證。能夠這樣,對於建立相互信任,也有正面意義。


普通話

明報社評 2009.10.21

Presented by lecturers of Hong Kong Community College, PolyU and The Hong Kong Polytechnic University

Mr. William Tsang

Lecturer, Hong Kong Community College

http://www.hkcc-polyu.edu.hk/index.php?lang=eng&cms=112

袁振華博士

香港理工大學中文及雙語系講師

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