On The Protection Of Whistleblower In Labor Law

Whistleblowing workers are internal employees who actively expose violations of laws in the operation process of enterprises.Based on the theory of freedom of speech and rational loyalty obligation,it is of great practical significance to strengthen the legal protection of whistleblowing workers.On the one hand,it can effectively protect the right to know of public,and at the same time,it can also solve the problem that government supervision is difficult to cover comprehensively.However,after analyzing the legislative and judicial status of the legal protection of whistleblowing workers in China,there are still many deficiencies in the protection of whistleblowing workers,including the lack of provisions on the premise of protection for whistleblowing workers,the lack of clear subjective and objective elements of legal protection;the degree of personal information protection of whistleblowing workers is too low;the incentive mechanism for whistleblowing workers is not sound,and the scope of rewards is too narrow,only the workers who report major violations are rewarded with money,while other workers who report other levels of violations can not have the rights to get incentive provisions.At the same time,the amount of rewards is too low to give full play to the incentive role of the reward system.The lack of provisions on the exemption of whistleblowing workers’ responsibilities can make the workers who have been already in a weak position face greater difficulties.The lack of judicial relief for whistleblowing workers’ retaliation is reflected in the prominent problem of unfair distribution of the burden of proof in the proceedings,the unclear judgment standard of retaliation and the legal liability of employers for whistleblowing workers’ retaliation.Considering the particularity of whistleblowing workers’ identity,specific suggestions should be made to improve the legal protection of whistleblowing workers in China from the perspective of labor law.In order to prevent workers from abusing the right of whistleblowing,it is necessary to set preconditions for the legal protection of whistleblowing workers in legislation,which should have the purpose of safeguarding the public interest subjectively and provide preliminary clues related to whistleblowing content objectively.In terms of personal information protection,it is necessary for enterprises to amend relevant legislation and set up an unified reporting telephone and network platform to accept whistleblowing cases of workers outside,reducing the risk of disclosing whistleblowing workers’ personal information.In terms of the improvement of the incentive mechanism for whistleblowing workers,we should not only expand the scope of incentives for whistleblowing workers to include all workers who conduct proper whistleblowing behaviors,but also increasing the amount of incentives for workers,which is linked to the income of current urban and rural residents in China,so that the incentive mechanism can give full play to the incentive role and stipulate workers to apply for incentives at the same time.In order to alleviate the worries of whistleblowing workers,provisions should be added to exempt them from legal liability.On the one hand,in the face of the judicial relief of whistleblowing workers suffering from retaliation,we should reasonably allocate the burden of proof in the process of litigation and build a judicial review mechanism for retaliation.It is important to clarify the legal liability of the employing unit for retaliation,and require the employing unit to assume punitive liability for compensation to play a deterrent role.