The Protection Of Employee Whistleblowing In China Labor Law

Whistleblower,originated from the British,the police whistle to warn the danger.However,it refers to the current employees of the enterprise,who report the illegal behaviors of the employer to the public and other organizations so as to stop these relevant illegal activities.At present,there is no united definition of Whistleblowing.This paper will discuss the employee whistleblowing in an enterprise based on the China labor law.Due to its professional background and familiarity with the internal operation of the enterprise,the employees of the enterprise stay in the favorable position of discovering and disclosing the illegal activities within the enterprise.It is playing a significant role in protecting the legitimate rights,the interests of the public and maintaining the market order.However,since the employee whistleblowing acts reduce the economic and social interests of the enterprise in some aspects.The whistleblower will be treated unfairly as conviction,dismissal and malicious retaliation because of the reporting.Finally,the employees’ legal rights and personal safety cannot be guaranteed.At present,many countries have already issued special laws and regulations for protecting whistleblowers,for example,the U.S.Sarbanes-Oxley Act,Japan’s Public Looter Protection Act,and the UK Public Welfare Disclosure Act.The purpose is to eliminate the worries of reporting and stabilize the labor relations between employers and employees by protecting the rights and interests of whistleblowers in the enterprise.However,our country’s labor law on protecting the employee whistleblowers is not yet perfect.So far,no explicit legal protection provisions have been promulgated,and there is no exact provisions on the whistleblowers’ protection of legal rights and interests.It lacks effective protection and remedial measures.On the other hand,there are still many difficulties in protecting employee whistleblowing because of the contradiction between reporting and employees’ loyalty obligations and in proving the retaliatory and dismissal of enterprises.Therefore,the improvement of labor law in protecting whistleblowers in enterprises is of great significance.Based on my study in Germany,especially on the study about German labor law,this paper will mainly analyze and learn from the protection of employee whistleblowing in Germany.The first part of the dissertation focus on the object,the subject and the classification of whistleblowing,namely,the basic problems of whistleblowing.The second part introduces Chinese legislation,including the legal basis,the current laws and regulations as well as various cases and events in practice.It shows that there are many problems about employee whistleblowing protection,such as single protection,narrow scope of protection and difficulty in burden of proof and other issues.The third part introduces the protection of whistleblowers of German law,for example,the current laws and regulations of protecting whistleblowers,the German and EU jurisprudence,as well as the impact on the German legislation.The fourth part analyzes the relevant provisions and precedents of the German labor law on the basis of a more comprehensive review of the issues raised in the second part,and puts forward some suggestions to improve legislation,clarify the boundaries of employees’ faithful obligations,pre-internal relief measures,and other suggestions for perfecting employee whistleblowing protection.The last part is the conclusion based on the aforementioned analysis.The negative impact of whistleblowing has been around for a long time in China and it is a long way to go before we can effectively and sufficiently protect employee whistleblowing.