The Research On The Labor Law Protection Of Company Internal Whistleblower

It is common that the company's events are exposed by the company's internal whistleblower nowadays. The internal whistleblowers defend the social and public interests by reporting the illegal behavior of the enterprise, which will be punished by the relevant departments. But at the same time, due to the incomplete legal system,there is no sufficient legal basis and institutional protection for the protection of the internal whistleblower, resulting in frequent violations of the interests of the internal whistleblowers.The first chapter defines the concept and category of the internal whistleblower,analyzes and expounds the legal value and necessity of the protection of the internal whistleblower.The second chapter analyzes the internal whistleblower protection of the United States,Britain and South Korea from three aspects: reduce whistleblower's legal risk, clear compensation standards and fully guarantee the right to work. It will be flexible when the right to work of the internal whistleblower is in violation. Dealing with compensation in the development of detailed and reasonable compensation rules, and through the form of legislation to reduce the legal risk of whistleblowers.The third chapter describes the status of China's legislation and analyzes the current situation of the protection of the internal whistleblower by labor law. At present,China's whistleblowers face many problems. This chapter analysis the details on four aspects: whistleblowers' revealing information, the conflict between the reporting behavior and the employee's loyalty obligations, the low illegal cost of the enterprise by violating the legitimate rights and interests of the whistleblower and struggling to defend their rights in the face of professional retaliation.The fourth chapter is the suggestions on the perfection of the labor law for the internal whistleblower. We analyzes it in four aspects including establishing a whistleblower information confidentiality system, clarifying the relations of internal whistleblower labor protection and their loyalty duty, improving the cost of violating the rights and reducing the difficulty of rights advocates. The construction of the labor law protection system in our country's internal whistleblowers should deal with the problem of the protection limit, and can not overcome the high incidence of malicious. The reasonable protection of the internal whistleblowers can promote the good development of the enterprise's whistleblower system,which is beneficial to the long-term development of the enterprise and fully maintain the social and public interests.